Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-05-01

witnesses had arrived In Auburn, the whole
proceeding is now stopped aud indefinitrly
adjourned. This postp0nement has been
accomplished by the serving OF n writ OF
haoeas corpus, and not In many years has
there been so dramatic an illustration IN
New York state Of this tremendous power
exerted by that venerable Anglo Saxon
process.
Here was a low, brutal. uneducatel muir
deier condemned to death aud waiting
only for the order to leave his cell and walk
TO the fatal chair. He had made his will,
giving away all he was worth In the world
"a slate, a pictorial Bible, a Testament and
Il trick puzzle; he had Just been bRptz d
into the faith Of the Methodist church, and
was receiving the last words OF his minis
terlal advisers; hls coffin had been made,
and he was soon to be placed In 1t, mangled
By the physicians knives, when, at this last
moment, lawyer, unknown to Warden
DuEston, and not only unknown to the
prisoner, bnt even unexpected hy him,
lawyer from the distant city of New York,
who In his regular practice has nothing TO
do with murder cases, suddenly appears
and gives the condemned man new lease
OF life.
1t was as II at a hanging In county Jail,
at the verg moment when tho rope was
being fastened you heard an imperious rap
at the jall-door and messenger should
stride in bringing reprleve from the gov
ernor. such, at any rate, was the effect
| produced here In Auburn to-day at the
prison and on the streets when tho start
| ling news was announced. The lawyer
| who caused this commotlon was Roger NJ.
Sherman OF New York city. He had nsver
communicated with kemmler, and very
| likely had never known anything about
him except through the newspapers, Just
| who employed Mr.. Sherman would be- In.
teresting to know. His connection with
| the case seems 10 be like that OF W. Bourke
| Cochran, who year ago opposed the In
| Fiction Of death by electricity upon Kemm-
Ter upon the ground OF Its being cruz! AID
unusual, and therefore against the state
! constitution.
Soon after Mr.. Sherman arrived in Auburn
he saw Warden Durston, and told that
custodian of the life Of Kemmlrr that he
had with him a writ OF habeas corpus
which would relieve the warden OF the job
| OF putting I'm electric shock onto the MUIR
derer any day this week or for some weeks
to come. The warden was surprised. lie
did not know Mr.. Sherman, and he has
been pestered so during the last fortnight
by electricians and newspaper men In dis
guise, who in tbs eyes OF the warden have
been conspirators against him, that he was
Inclined TO doubt the genutnsness OF Mr..
ShermRn's statement.
MIR, Durston 10 d the lawyer--thls was
soon after II O'Clock this morning-thht
any man might show what purported to be
writ OF habeas corpus Tor kemmler and
ask that It be accepted. 81 must have soma
assurance OF the regularity OF this proceed
Ing" said the warden. Mt. Sherman ex.
planned that he had obtained the writ from
Judge Wallace on Monday, and that GER
titled copy would be scot from the clerk OF
the court at UElca.
That was not considered sufficient aud
thsreupon Mr.. Sherman wnnt beiote
Supreme Court judge Dwight, who was
no M m "a l'I
that he was lawyer, aud had obtained the
writ of hgoeas corpus from Judge Waila e.
The writ sets forth that Ksmnef's body Is
to be- produced at Cauandaicua on thethird
Monday In June, 1890, hatore the Uaited
States circllt court Tor the nocthara dis
trict Of New York. The Enforcement on the
buck Is that the writ was Issued on April
2Syh by Judge Wallace.
Mir. Duraton went into the condemned
Mas cell alone and found him busy writ
ing his autograph on cards. Like child
WHO has learned to scraWl its name, that Il
Reminders chief delight. Kemnler raised
his head when the warden entered. and
looked at his custodian much as a dog
would turn its lace toward Its keeper by
, way Of greeting. The warden stayed ut ttt
door OF the cell corridor AID beckoned tC
, | the prisoner.
, Kimmler came M and Mr.. Durston, lay
! Ing his hand upon Kemmlet's shoulder. ex
planned to him thai q writ of habeas oorpul
I had been served upon him, and that thI
3 paper he had signed for mir. McNeal mean
that he had new layer who was going
! to try his case over again. The prisoner
, looked with a look that showed he did no
fully understand the waIdan's language
! Then MIR, Durstop said: l. means tina
! your execution is not coming OIL now, ant
u that you will have two months and perhap
= mora 10 llve."
!. "0h," said Kemmler, Just as II the res
a facts were beginning 20 dawn upon him
a chat makes me feel much easier" Til
), warden stood there for a moment Kemm
Ter walked 10 his chair ard sat down. hi
face was exp e5sionless, and he sal
Q nothing 10 inGica,e great asionishment o
!, delight Mr.. DurstOn turned, locked tn
n corridor door and came away. The ,utur
II Of the case will BIS Oae Of long protracte(
"a litigation.
a REMMLERg CRIME.
i Ksmmier Was horn IN Philadelphia 9
I. years ago, brought up IN Ignorance, neve
y learned "A trade AMI for years has been
q watf and waLderor. He does not kaoi
= now whether he has a relative living a
a though shortly after be came to Auburn
u received letter from man living In OH
% who was probably his uua.e.
I. SO he grew up ike a lost child ard nBtul
d ally, because ha father was butche
le worked more AZ that than 1T anything els,
Va II was ths Olly business OF which his ha
10 the least knowledge, Some thtep years az
y In Camden. N. j. he married Ida Porte
le Tae day aiter HIS wed3ipg he learned tbs
she had another husbtnd living. INN,
n diately he left her ANA ran away 20 BulIai
O. with Mrs. TITLE Xeglsr. There no hecatr
ID at once huckster ana drunkard. I'll
az woman, too, was cursed with taste L
M Honor. They q1arreled continually. ST
~ fr' quently stole his money, and, taken a
y together, their life was as degraded
Is conld be.
90 One nlght, Grey with drink, they had
row about a few cents, and he struck h,
IL on tie head with an axe. NeIt dag ST
I'd was dead. That night, In the station-hou
~ cell, be was piled with llqlDr until he gre
"A taikatiya, and tod enough to convict hin
~ self. That is the whole story OF his M
or common enough 10 its beginning az
On nncommo1 In it5 ending only because he
y. the first to die this new death ordained !
be the law.
en- - go
~ Kent COUNTY Circuit Court.
- TuE,,rgRTowN AnriI % --p6a uraay