Evening journal., 1889-10-19
COCHRAN WORKING HARD
His Argument Before the Gen
eral Term at Rochester.
FIGHTING FOR EEMnLER's LIFE.

The constisutionaiisy Of the Law Pre-
scribins Electrical Execution Powerful
Iy AssaiIedA highly Interesting Ar
gument- Llneman Feeks' Death.
ROCHESTER, N. Y, Oct I9.-The appeal
sn the Kemmler electrical execution case
sas argued here in the general term Of the
bprerne court Bourke Cochran, Of New
York, appeared for the defense, and Deputy
Attorney General William A. Poste for the
prosecution Mr.. Cochran, after reciting.
the history Of The case, read from the statute
the provision relating TO the mode Of death
s.by an electric current, and that providing
FOR the time and manner of the execution.
The purpose Of the trainers Of the statute,
said Mr. Cochran, providing for execution
by electricity was to render the death PEN
atty more merciful Mr. Gerry was the
only. commissioner who testified before the
reGeree, and his statement was a marvellous
specimen OF misinfornation based ON evi-
donce given to the witness by Mr.. Edison.
Unspeakable Torture.
Mr.. Cochran said that many persons had
unquestionably been killed by electricity
He referred to the Stevens case, where the
victim received current OF / $50 volts, 400
more than it was proposed to give Ke nmler, ?
and asked that the court read with attention
the account Of his suffering as related by
Stevens and which was styled "unspeakable
soFture.n II the purpose Of the law was TO
cause instantaneous and painless death the
n. a a.
an expert said that il death did not ensue in
one minute the body Of the victim would be
carbonized.
Mr.. Edison's Testimony.
Mr. Edison said that ia the same case the
body of the criminal would be ''mummified
s'Theu We have the choice between carboniza-
tion and mummiication, said Mr.. Cochran,
sin cnse death is not instantaneous. Other
exports said that post-mortem Of person
killed by electricity would not reveal the
cause Of death if the circumstances were not
known "Harold T. Brown, said the speak
or, conceived the idea Of applying the
wheatstone bridge to human body for the
purpose OF making the victim part of tho
connecting substance-a wire 30 to speak, 70
make the circuit complete
The Death Of Lineman Fecls.
Whether this could be accomplished was
question The death Of Iineman Feoks, Of
New York, was referred to. after twenty
minutes contact with the wire the poor man
was still alive, and the autopsy showed that
his body was carbonized, y said Mr. Cochran.
Another case in which man seized wire
and held ON until his hand was burned to a.
crisp and afterwards nmputated was mon
toned as proving that death was by no
fatta -
execution was simply an experiment was
urged-hy Mr.. Cochran as proved by the ex-
pert testimony taken before the referee
Edison Kuew Nothing About II.
''Eyen Mr. Edison said Mr. Cochran,
s'said that he didn't know anything about il,
except as a matter Of guesswork, and never
would until the state had killed some one by
an electric current
The constitutionality Of the law was dis
cussed 'it Is claimed hy the people that
the courts have no right 70 review legislative
action said the speaker He argued that
on this view of Che case the constitutional
qrovision forbidding the exaction Of exccs.
nve hail, for instance, was Of no binding
'orce on either the courts or the legislature
"Ifie attorney general treats this provision
as q sort of ornamental addition Of no earthly
Significance said he The constitution was
compact between the people, which could
-inder no circumstances be set aside or dis
regarded, and by which the rights Of every
citizen were proteethd Referring 10 the
constitution as.e-'biil Of rights, MIR Cock
ran argued that it should be preserved in
violate aud should secure to every citizen
equal and certain protection against wrong
CocISrdn's Eloquent Inyective.
The point was made that the irst section
of the state constitution was the gist, the
life, the substance Of the whole "compactn
and that the court should construe that sec
tion to mean "that no person should be de
hvered over TO torture; that the death
penalty might be inflicted, but not by cruel
or unusual methods Mr. Cockrans argu-
ment on that point was a specimen Of elo-
quent invectve which was listened to with
marked attention. His review OF the CON
stitutional points was exhaustive and every
point was covered. Mr.. Poste then pre-
sented his argument for the people. After
recess Mr.. Cochran replied 70 Mr. Postes
point and Mr. Poste again spoke briefly. The
lawyers were given a week in which 20 pre-
pare and submit their briefs and the case
was adjourned, A decision is expected
about Jan. l.