New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-11-22
THE COURTS.
DISCUSSING THE KILLING OF KEAniLER.
ROGER M. SHERMAN nKNEws HIS ATTACK ON

ROGER NJ. ShEhAAN NkNEWS HE ATTAIN SN
THE ELEorRIcAL EXECUTION LAW
Washington, Nov. 21.-The the Japanese shibuya
Jusgo, who'is confined in Sing Sing Prison. N " nnaer
sentence OF death by OF electricity was srgueo PC
fore che United States Supreme Court to-day Inc case
here appeal from decision of the United states
Circuit Court for the Southern District Of newborn os
Ginning grant the writ Of habe corpus which oounse
for Juego had sought TO obtain TO compel warden brush
to release the prisoner. The question at issue the
validity Of the New.York Electrical Execution h" ana
the case is sequel to the Kemmler execution Roger NJ
sherman who counsel for Kemmler ana VINO now
represents Juggo bssing his application for writ Oh
habess the ground that the execution OF keme
demonstrated that electricity not an una
painless method Of DEATH 1t is asserted that the New
York law violates the provision OF the Federal Censt
ton forbddng " cruel and unusual punishment ana Is
for that unconstitutional and void Attorney
General Tabor represents State and MI Sherman the
prisoner.
Mr.. Sherman declared that the experience at the
Kemmler execution established that death by means OF
electricity cruel and unusual punishment ana oepeo
the person under sentence Of life without that 'due
process Of laws contemplated by the Constitution He
continued the point that death by electricity was
q cruel and unusual punishment when Justice Field
asked II that the objection counsel had argued
In the kemmler cass Mr. Sherman said it but that
since the execution had taken place, and there had
been practical illustration ofthe fact that the objections
raised to the mode OF death proposed by the New-fok
statute well founded and that the theory upon
which the law based was unfounded The Court OF
Appeals had the statute In the Kemmer case
upon the that the application Of electricity In the
prescribed result In instantaneous and painless
death" The Kemmler execution. he averred. had
demons trated that this was not the fact. and he
furthermore the means about to be employed
in Jugigos not capable OF producing nstanta-
neous death, the statute contemplated.
Justice Fields there question that electricity
sufficiently intense If kept without interruption, VIII
produce practically instantaneous death7
Mr. Sherman-There is grave reason to doubt whether
artificial electricity generated under present scientific
conditions will invariably immediate death. and We
cite the Kenmer
Justice Brewer-As matter OF fact, was not ksmmer
decd in about four and hsd mnutesG
Mr.. Sherman made the point that the threatened
infection CONTINGENCIES express command Of the statute
by substituting interrupted for continuous cur
rent and then long description Of the scenes at
Reminders execution, the manner In which the electricity
affected him and the results Of the autopsy for the purpose
OF showing that the theory upon which the law was
passed had not justified by its practical workings and
question whether execution BY
electricity did produce greater pain than hanging
He asserted that no means arcsly generating eeci
city produce other result than torture,
Field said he supposed 1t was an established
fact that electricity would death in short time.
Mr. Sherman responded that his observation that
far from established fact and, Oh Justice Field
suggesting NewYork City persons have been killed
I'm short time by accidental contact with electric WIRES
Mr. Sherman narrated OF linemsn in front Of the
Park Theatre in New-York whose death did not occur
until he was ambulance the way to The
hospital lneman had received shock directly from
dynamo of 1000 volts without being instantly killed
maintained the resistance Of different people varied
greatly and Jugigos resistance he placed at $4,000 ohms
which, he said, not an extravagant estimate
Attorney General Tabor followed in brief address in
behalf AS he understood it, either hanging
electricity had much cruelty in 1t to suit counsel
He declared the State the trial OF the Kemmer
case, and in the practical execution OF the law, had
settled the whole question Of constuonay of the
tho human WIN frame
the law. concluded by asking speedy termination OF
the
The following business also transacted by the court
No. 1237-Clfon Holden, appellant agt. the State OF
Minnesota Argued.
No. 764-The Central Pacific Railroad Company, appel
liant, agt the United States. Appeal from the Court Of
Claims. Dismissed.
No. 75S-The United States appellant agt the Central
Pacific Railroad Comrany. Argued.
The day calendar for Monday is: Nos 1885, 81 and SS.
90, 81, go, 80, 81, 81, 95 and 96.