The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-04-30
KEMMLER GETS A STAY.
A NEW WAR ON THE CONSTITU.
TIONALITY OF ELECTROCUTION.

| TlONALlT4 OF TION.
Judge Wallace Grants e Writ Of
Habeas Corpus Returnable in June
The Writ Secured by Lawyer Not
Heretofore Identified with the Case,
and Entirely Unexpected.
AUBURN, N. Y, April .-Notwithstand-
ing all the elaborate preparations for the
electrical execution of William Kemmler,
notwithstanding that the ignorant MUIR
derer had professed his readiness to meet
death; notwithstanding that Warden Ours
ton had practically decided upon the time
of administering the fatal current, and
notwithstanding that most of the authorized
witnesses had arrived in Auburn, the whole
| proceeding is now stopped and indefinitely
| postponed. This postponement has been ac-
complished 10y the serving Of a writ of
habeas corpus, returnable in June, and
not in many years has there been SO
dramatic an illustration in New York state
of the tremendous power exerted by that
venerable Anglo-Saxon process. Here was
low, brutal, uneducated murderer con-
demned to death. and waiting only for an
order to leave his cell and walk to the fatal
chair.
| HAD EVEN MADE HIS WILL.
He had made his will, giving away all he
was worth in the world, a slate, pictorial
Bible, testament and trick puzzle; he
| had just been baptized in the faith
! of the Methodist church and was
receiving the last words of his
ministerial advisers; his coffin had been
made and he was soon to be placed in it,
when lawyer, unknown to Warden Ours
| ton, and not only unknown to the prisoner,
| but even unexpected by 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 a new lease Of life. 1t
was as if at the hanging in the county
| Jail at the very moment when
the rope was being fastened, you heard
an imperious rap at the Jail door and m es-
senger should stride in, bringing reprieve
from the governor. Such at any rate was
the effect produced here in Auburn to-day
at the prison and on the streets when the
! startling news was announced.
THE LAWYER IN THE CASE.
The lawyer who caused this commotion
is Roger NJ. Sherman of New York city.
He had never communicated with Kemm-
Ter, and very likely had never
known anything about him except through
the newspapers. Just who employed Mr..
Sherman would be interesting to know.
Its only by chance that the present step,
ostensibly in behalf of Kemmler, counts for
anything, for had there not been little
delay in getting the apparatus in final
| order, and completing other arrangements,
the criminal would have been shocked
into the next world this morn
ing, just after daybreak. A fire.
quent topic OF speculation since the
developments of to-day has been upon the
point when and where the writ of
habeas corpus proceedings had its inception.
This mornings trains brought more men
who expected to be among the twenty-seven
invited TO witness the execution. There also
appeared on the scene at the same time
Lawyer Sherman and Henry ID. Galley.
New York newspaper men recognized these
lawyers and Immediately became suspic-
ious.
REPRESENT ELECTRIC LIGHT COMPANIES.
Mr.. Galley is of the law firm of Carter,
Hughes & Cravatt, attorneys for the United
States Electric Light Company, the Brush
company, and in some way the
Westinghouse concern. Paul d. Cra-
watt of the firm is probably
the closest legal adviser of the Westinghouse
people, and last winter used to be in constant
conference with Mr.. Westinghouse in the
Windsor hotel. Mr.. Galley stopped here at
the Osborne house. Mr.. Sherman took a
room there also, but did not register, and
did everything possible to keep his presence
in town unknown. Mr.. Galley apparently
had no business with Mr.. Sherman. They
were not together in the corridors or
clared that he had nothing to do
with the interference in Kemmler's
behalf and that the Westinghouse company
had no interest in the present movement.
He had a telegram while here from George
Westinghouse. The last part of it read
that the Westinghouse people
ca ceedings. % MIR. Sherman left her here @ on p the
3:05 o'clock, and Mr.. Galley on the 7:05
o'clock train.
WARDEN DURsToN SUSPICIOUS.
Soon after Mr.. Sherman arrived in Au-
burn he saw Warden Durston and told him
that he had with him writ of habeas cor
pus, which would relieve the warden of the
job of putting an electric shock into the
murderer. The warden was surprised. He
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 the eyes of tho warden, have
been conspirators against him, that he was
| inclined to doubt the genuineness of Mr..
Sherman's statement
Warden Durston told the lawyer this
was after II o'clock this mcrning) that any
man might show what purported to be a
|
that it be accepted. 81 must have some as
surance of the regularity of the proceeding"
said the warden.
Mr.. Sherman explained that he had OBJ
tanned the writ from Judge Wallace Mon
day. and that certified copy would be
sent from the clerk Of the court at Utica
SHERMAN CLINcHEs MATTERS.
That was not considered sufficient, and
thereupon Mr.. Sherman went before
Supreme Court Judge Dwight of the
supreme court, who was sitting in cham
bers, and made affidavit that he was law
yer, and had obtained a writ of habeas
corpus from Judge Wallace. The writ was
dated yesterday, and was made returnable
at Canandaigua on the third Monday In
June. Mr.. Sherman had also prepared
paper for Kemmler to sign, certifying
that Mr.. Sherman was authorized to act
as his counsel and TO apply for the writ.
Judge Dwight said this would have to be
signed by the prisoner in the presence Of
notary public. Warden DCrston was salts
fed with these certificates of the regularity
of Mr.. Sherman's business, and except to
announce the news formally to the news
paper men and to notify Kemmler, the
warden's troubles for the day were over.
The newspaper men had known in q general
way about o'clock in the afternoon what
| was going on,