No new trial for Ciemiengo and Hildebrand, 1936
from New Jersey Mirror 20 Mar 1936:
The Court of Errors and Appeals, in a decision handed down in Trenton on Thursday, refused to grant a new trial to Jacob Ciemiengo, 16, and George A. Hildebrand, 26, convicted of first degree murder of Herman Eiler, Florence township poultry farmer. A Burlington county jury brough(t) in the verdict that was appealed to the high court. The upholding of the conviction of Ciemiengo and Hildebrand leaves only one avenue of escape from electrocution. That is the Court of Pardons. The decision affirming the conviction of the pair was written by Supreme Court Justice Joseph L. Bodine. The court refused to uphold the contention of the defense that the examination of two witnesses by the state, Arthur Therien and John Malseed, was improper. The court said there was abundant evidence to uphold the ruling of the trial court that the confessions made were voluntary. It was stated in the decision that both confessed they had gone to Eiler's home to rob him and that one of them had shot him in the presence of the other in pursuance of a plan. It was proper to offer proof that they knew large sums of money had been upon the person of Eilers, said the ruling. "We fail to see any error in that portion of the charge of the trial court complained of," the decision stated. "The murder appears to have been brutally and deliberately conceived in order to perpetrate a robbery." A new date for the execution of the two will be fixed within 30 days by Judge Frank A. Hendrickson, of Mount Holly, who presided at the trial.
The Court of Errors and Appeals, in a decision handed down in Trenton on Thursday, refused to grant a new trial to Jacob Ciemiengo, 16, and George A. Hildebrand, 26, convicted of first degree murder of Herman Eiler, Florence township poultry farmer. A Burlington county jury brough(t) in the verdict that was appealed to the high court. The upholding of the conviction of Ciemiengo and Hildebrand leaves only one avenue of escape from electrocution. That is the Court of Pardons. The decision affirming the conviction of the pair was written by Supreme Court Justice Joseph L. Bodine. The court refused to uphold the contention of the defense that the examination of two witnesses by the state, Arthur Therien and John Malseed, was improper. The court said there was abundant evidence to uphold the ruling of the trial court that the confessions made were voluntary. It was stated in the decision that both confessed they had gone to Eiler's home to rob him and that one of them had shot him in the presence of the other in pursuance of a plan. It was proper to offer proof that they knew large sums of money had been upon the person of Eilers, said the ruling. "We fail to see any error in that portion of the charge of the trial court complained of," the decision stated. "The murder appears to have been brutally and deliberately conceived in order to perpetrate a robbery." A new date for the execution of the two will be fixed within 30 days by Judge Frank A. Hendrickson, of Mount Holly, who presided at the trial.
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