The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-10-31
AN EXTENSION OF HIS LIFE.
The Execution of KMrner Postponed
by the Governor Three Weeks,
So that He May More Fully Investigate the
CaSe-HOw the Condemned Man Re-
ceived the Good News.

Andrew J. Kerner, the wife murderer, who
was to have been hanged here to-day, has been
granted a three weeks extension Of life by Gov
ernor Porter, who desires time to fully %investi-
gate the case before giving a decision upon the
petition for a Communication of the sentence. AS
the Supreme Court yesterday denied the petition
for a rehearing, his Excellency alone can pre-
vent the execution of the death penalty, and no
body can blame him for asking further time for
reading the evidence and considering the various
circumstances attending the tragedy and the
conviction. The Governor, who is at present in
the southern part of the State, had been APP
prised by telegraph of the petitions, which were
numerously signed by leading citizens, asking
for either a Communication of Kerner's sentence
or a brief respite so that the case might be care
fully investigated. Yesterday afternoon he sent
the following dispatch, which was received here
at $3.50 o'clock:
HUNTINGBURG, Oct. 80.
J. W. Hess, Sheriff Marion County;
Andrew Koerner, sentenced to be hanged by you on
the 31st inst, having been convicted upon purely cir
cumstantlal evidence, and a large number of the best
citizens of indianapolis having p~etitioned me to sus-
pend the execution of said sentence for a reasonable
time to consider an application for the Communication
OF said sentence, they desiring that L shall read all the
evidence in the cause, and consider all subsequent
facts that may have come to light, / direct, out of re-
spect for their most serious request, that You do sus-
pend the execution of said sentence until Friday, the
list day of November, 1884, on which day, between
the hours prescribed by law, l direct that you proceed
to execute said sentence by hanging said Andrew
kener, unless you shall be otherwise commanded by
proper authority. ALBERT G. PORTER,
Governor of Indiana.
HOW GRNER RECEIVED THE NEWS.
A Journal reporter went with Sheriff Hess to
inform Koerner Of the good news. He was found
in the private Office of the Jail, talking to his
brother Valentine, his wife and their little boy.
Said Mr.. Hess: 'Kerner, ] have a little better
news for you this time. Your execution has been
put off three weeks by the Governor, so that he
can have time to carefully examine the case"
The prisoner looked up, but did not appear to
fully comprehend what was being said to him,
and only remarked, eyes" The sheriff then
read him the Governors message, and asked him
II he understood it. He SAID that he thought he
did, and his brother further explained it to him
III German. 1t was fully five minutes, however,
before he did understand it, and ali this time he
sat there with a blank look on his face and nerv-
ously twitching a handkerchief which he held.
Finally he seemed to grasp what was meant, and
he went back into the cell, smiling, and appar-
emily with a great load lifted off his mind.
HOW HE SPENT YESTERDAY.
Kdrner was apparently in good spirits when
hO dAOoS yCSt0Iuu9 HlOruluSi AM u uedFtlly at
breakfast. To his minister and friends who
called, he again and again affirmed his innocence
of the crime Of which he is accused, and said he
could make nc confession for he had nothing to
confess. About 2 o'clock in the afternoon, his
three little children, a boy and two girls, were
brought in to see him, and he was greatly
affected by their visit. AT first they were dis
posed to be %difident, and not make up witt
him, as they had not seen him for 50 long, but
they got over this and affectionacely returned
his caresses. They spent about an hour with
him and were taken away. before he learned of
his prolonged lease on life. Henry Russo, pres
ident OF the German Orphan Asylum, where the
children are staying, says that on "A former occa-
sion he told them that they ought to visit their
father, and the Oldest, a little girl six years of
age. said: Il don't want to see him-he killed
my ma"
When Koerner was asked yesterday evening
what he had to say about his case he said: II am
not guilty. | don't see how they can punish me
this way. l can answer for my innocence be-
fore God, but ! suppose that l must suffer, and l
would rather die than be imprisoned for life"
VIVA Is THOUGHT OF THE RESPITE.
The news Of the Governors action spread rap
idly about the streets and it was very generally
approved, and the opinion was freely expressed
that under the circumstances, his Excellency
could not consistently have done otherwise The
petition in his office, which was signed by several
hundred leading men of the city, simply asked
that he fully investigate Kerner's case, and
read all the testimony before making a final de-
cision as to the Communication of the sentence.
He could not possibly have done this in the brief
time before the execution. His action of yester-
days by no means implies that he will finally
commute the sentence to imprisonment for life,
but on the contrary, it is believed by those who
know him best, that he will not do this. Gener-
ally, however. it is thought that Kerner will
not be hanged.
The sheriff will leave the scatfold and appoint
ments substantially as they now are, awaiting
the final decision.
THE PETITION FOR A
The petition for a rehearing of the argument
on the appeal for a new trial in the Korner muir
der case, was overrulcd by the Supreme Court
yesterday. In his remarks upon the petition Judge
Claypool, the principal counsel of Kerner, called
especial attention to the eleventh instruction by
the court, and added 1--WE take this unusual
mode because of the emergency and Importance
of the matter. l am strongly impressed that the
honorable author of the opinion of the court has
unintentionally made a grave mistake" In the
written argument on the petition for a rehearing
the counsel said: THE author in revising
his opinion interlined these words, to-wit: lit
tie or me- thus betraying a consciousness
that these little words were necessary to relieve
the eleventh instruction given by the court from
one of the objections made by the defendant.
The eleventh instruction, as given, did not con-
tain these words, and if they were necessary to
make the instruction correct, why the care of
the learned author of the opinion in inserting
them by interlineation i'll his Interpretation of
the Instruction.
IF the words little or no. thus interpo-
lated, change in any wise the meaning of the
eleventh instruction, what judicial license will
justify the Interpolation where a mans life and