Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-12-31
DEATH BY THE WIRE.
KBMMLBR, THR MURDERER, WILL MET
RlS DOOM
Through The Electric Oarrsnt-Ths New York
Supreme Court Decides the Final Points Of
the OOntest-Ths Law is Held
Constitutional

ROCHESTER,, N. Y, December 30
Death will come to Eemmler through the
wire.
The general term Of the Fifth Depart
ment this morning handed down q de-
cision in the case OF Kemmler, the muir
derer, condemned TO death under the new
law providing for the execution of crimi-
nails by electricity, which the Court holds
to be constitutional.
Judge D Wight writes the opinion, in the
course IF which he says
"a writ Of habess corpus WAS sued out,
allegieg that Kemmler WAS sentenced 10
under a cruel and unusual punishment,
contrary to the Constitution of the State
of New York aud OF this United States.
An offer was made to prove that the pun
ishment, as prescribsi by the statute, was
cruel and unusual. A referee was ap-
pointed to take and report such proofs as
should be offered by either party on the
question proposed. The order below dis
missed the writ and relaanded the prisoner to
the custody of the sgeat and warden of ths
Slate Prison. An appeal from the order
brings the case into this Court, and pre-
sents question very novel in its charac-
ter and IN the manner of its presentation.
The attempt is to enforce the provision Of
the Constitution against cruel and unusual
punishments, based upon evidence intend
ed TO show the character of the penalty
prescribed thereby. The constitutional
provision here invoked originated in the
weli-known Bill of Rights Of Eogland
That celebrated enactment was the first
fruits Of the great revolution of 1858
Judge D sight then gives an interesting
review of the way in which the clause orig
mated, and continues: 81. eeems very
clear that no provision of the English Bill
of Rights WAS INTENDED to operate as re-
striction upon the power of the legislative
branch of the Eoglish government This
act was chiefly protest against the acts OF
tyranny anu oppression on the part of the
Crown In regard to the similar pro-
vision in the Constitution OF the Uoi-
ted States, it is in the fret place TO be
observed that it has no application 30
any department OF the government of
the State, bnt is a restriction upon the
Federal Government only. There is even
some doubt if it is intended as a restric-
tion upon the power of Congress in regard
to punishment for crime. With rees-d 10
the provision in the Constitution of this
State the case ia different. 1t must have
been intended as a restriction upon the
Legislative authority. We have no 6Ou )t
that if the Legislature Of this State should
undertake to prescribe for any Gff-nse
against its laws this punishment OF burn
ing at the stake, breakisg ST the wheel,
etc, it would be the duty of the courts to
pronounce upon sueh attempt the con-
demnation OF the constitution.
The question is TOW 10 be snswered
whether the legislative act here ssssiled is
subject TO the same condemnation. Ger
tainly it is not so on its face, for although
the mode OF death described is conceded
to be unusual, there is no common knowl.
edge or consent that it is cruel. 1t is a
question of fact who Ser an electrical cur
rent Of sufficient intensity and skillfully
applied will produce death without unnec-
esssry suffering. i, this q question open
To Investigation of .ho OOuIt When called
upon to decide the validity of the law in
question? Or must it be presumed to
have been determined by the Legislature
in favor of the mode of punishment pre-
scribed2 For the frst time in the history
of jurisprudence has court been called
upon to enter upon such an investigs-
ton"
The Judge suggests that it could safely
be presumed that the Legislature had suf-
fciently investigated the nature of punish
ment before passing the law, and reviews
the work of the committee which investi-
gated methods of capital punishment.
After reviewing the experiments made
vpon animals with electricity, and acci-
dental deaths OF men through the same IN
strumeniality, the Judge concludes,
the light of the scientific evidence in
this case is sufficient, as We think, to re-
move every reasonable doubt that the pas
sage of current Of electricity of certain
well determined intensity through the vital
parts Of the body under chosen conditions
of contact and resistance, must result in
instant death. If the question we're ofthe
advisability in the change of the mode Of
inflictiDg death by capital punishment, the
discussion might be prolonged. As we are
confined to the question OF constitutionality
we deem further discussion unnecessary.
The order dismissing the writ CT hsbsas
corpus and remanding the prisoner must
be affirmed.