Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-08-01

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After all that the press has reported
from day to day OF the electrical testi-
mony which has been taken before the
referee chosen by the New York court
of appeals, in the Ksmmler case, there
are many readers who have but a hazy or
incorrect idea OF the nature of the pro-
ceeding. Yet, divorced from the quar-
rels OF rival electric companies which
have been so conspicuous in it, the situa-
tion is very simple. Under new statute
Kemmler, after being duly convicted OF
atrocious murder, was sentenced to be
executed by the administration OF an
electric current, which is equivalent to
being put to death by stroke Of srtif-
cial lightning. To carry out this sem
tence the state has procured, very much
against the wish of the makers of the
apparatus, Westinghouse dynamo or
dynsmos generating what is known as
the alternating current. III the mean.
time Reminders counsel, as he had ,r-
feet right to do, brought the case before
the court Of appeals on the plea that the
new method OF execution Is such
cruel and unusual mode OF punishment
as is explicitly prohibited by the oonstitu-
ton OF the United States. Obviously,
il this contention be established, the
statute is unconstitutional and void. To
give Kemmles the full need Of protection
u1hint IL ia tho mis- ~ lla Ia 90
around every man, innocent or guilty,
the court OF appeals entertained the plea
and directed testimony to be taken be-
fore referee as to the relevancy Of the
same. In order to conclu1ively deter
mine this point, therefore, as to the con-
stitutionality or unconstitutionality-
what amounts to the same thing, the
cruelty or abgenee Of cruelty in death pun
ishment by electricity--tAe state, on the
one side. and Reminders counsel, on the
other, have citsd electricians OF repute to
appear and state, under oath, what they
know about the reliability, effectiveness
and cartainty OF the electric current
when properly applied as destroyer OF
human life. As WAS to be expected,
there has been conflicting testimony,
and the evidence has taken o wide
range, in which the jealousits OF those
most directly interested in showing the
| harmlessness OF continuous as CON
trasted with an alternating current, on
| the one hand, and in defending the
alternating current from the deailness
implied by its selection as the death
dealing instrument, on the other, have
had large opportunity TO spread them
selves. The evidence is nearly, o. quite,
oil in now, and recess has been taken.
What the decision of the court
will be, Of course, cannot be predicted;
but the point at issue is precisely the
same in nature that might, and prob ably
would have been raised had the mode OF
punishment decided on been as Elbridge
I Gerry stated was suggested among
others, the hypodermic Injection OF
deadly poison. But the New York Tins
voices correctly what seems to be the
prevalent public sentiment when it says
There Is no reason whatsver why an
electric lighting company should ba per,
mttted to take advantage Of the sentence oI
u murderer 10 get ITSELF a standing In court
for the purpose Of vindicattng Itself agtins
notorious facts. Whatever may have beer
the case at the outset OF the irveatiga,ion
no sane man alive who has followed the
rel ort Of Il now doub's that the shock pro
posed to be administered TO K-mmler vii
Kill him II fully and properly ad m'nistered
aud no such m4u would SUR act himself Il
the experiment for all this world. unless ht
we're bent upon suicide. l. seems higl
time that tha farce should be stopped be
fore It brings the administration OF iustlct
into further contempt.