The evening world., 1890-04-30
JUBILANT.
" Nsy Be Good TINES for Bill, YET"
Says He.
Contradictory Stories as TO The Matter
Of His Conversion.
Indications That tho Habeas Corpus
Was Expected ut Auburn.


,spFCiIt. TO THE EvrFfNd voRLD.l
AupuRS, April 3O.-The streets NJ this
city have resumed their normal SUNDAY
quiet. the excitement Of lie past three days
! having completely suhsided.
The specialists gathered here by Warden
Duiston TO witn esq the execution ot william
Kemmler got nut ~ town A. quickly as pos.
sib!e, hut not before several expressions oil
disgust at the farce N which they we're cast
for leading parts.
IL transpirea that no time for the eIecr-
ton had ever been fixed.
IL was always iu tho future. and would be
fixed a. soon a. Warden Duraton had con.
suited with one more man. !,
This constant, indefinite pOstpOncnient OF
the execution, put with the cnincldelce thnt
Deputy Attorney.u General John Hogan hap
perel to visit his town Yesterday. just ~
time to approve OF the regularity ~ we writ
of hAbea- CORPUS issued by Judge Wallace.
and the other fact that not more than a
dozen OF tile twenty-sevon invited witnesses
makes ii look aa Il Warden Durston ex-
pectcl the legal document which would save
kcmmler from death. -.
A citizcu informed The EVENING WoRLD
reporter that white receipting tor II telegram
Monday he not eel an phtry in tho blank
indicating that Warden Durston and lio@er
sherman had been III Geographic commune
Mr.. Durston declared that ho had no sus-
picion of the movement ~ behalf OF hemnl.
Ter till the writ was seTNet ana Its regularity
was certified By Mr.. Hogan.
The mystery that the whole AFFAIR was
clouded with here-a mystery that envel-
oped even the most innocent anh ,hlnpo
taht part OF the proccedihgsIhns been 80;
verely commented upon. and the FOLLY OF
trying to do public business secretly has
been eflectnally demonstrated.
Prison off ciula Well with each other in
mis,cading the public as to every point. and
the storicsot the. varions officials were 80
conflicting AZ to throw rlispicion on all:
Warden Durston chatttl nlcrrlly OF the
bright INTEL gcnce OF kemmler and what a
gool fellow lie IL.
Kcmmlers keeper, Daniel McNaughton.
gsye tho religious twist TO everything.
Keeper Wemple gave the dark side OF. the
condemned murderer character. and tar.
son Houghton aldel, in hrowing u halo
about the brutal butcher.
The facts seem to be that kemmler had
less mental capacity than the red c,alL thar
was male the victim OF u test OF the electrical
killing apparatus last evening; aud u the
radical disagreement between the stories Of
Purson Hought9n and Daniel M~cNanghton
KemmIer's wonderful exaltRtion WAS 4 myth.
Daniel McNsurllton contided 10 Tue EVEN.
INa WORLD reporter at midnight that
hemmler b haa Wr insuesd ro 10 esodnce It, and
here il il, written in McSauRhton'A hand.
and signed and. dated OF Saturday. ny
hemmler hlnlrelt-R cOniesbloh OF Ihitn
rather than OF sin'
am truly thankful that through the inhnit.
MERCY OF Uol I have BEEN Convicted OF my sins, aud
sPas sa si,s ssIs.:sd psoaSi:s. Of e.. eo.poi, and that
by the grace OF God l shall obtain sternAl lie.
through our 50ra aud Sa''0 Sit II;S. Ehs..s
Auburn N. Y. April %
.McNaughton says Kemmler said very lit
tie when n t9i Sys OF me- rspr'eve' but grew
He sang pnatches from Little SAllis
and Ike songs, ~ got intsrested N poetry
NenEhton wonld not repeat
"kemmlcr calculated in his jerky way:
Well, IL pays TO be poor, don't it.. Guess
there WI be some rood times Tor Bill
bay" he chuckled. after n long silence.
:. say. but they won't do me now. will they :
Il this thing don't work they can't hang me,
But McNapghton thought the only sx-
preston OF kemmler that meant anything
to save him. but that he would rather die on
the chair than stay Ia prison all his life.
McNapRhtnn told the reporter that kemm-
Rey. Mr.. Houghton Monday. and that he
partouk OF the holy communion.
Mr. Houghtnn says ,kenmler was never
baptized aud never received the communion
and that he never would.
The writ in the case Of Kemmler was de-
mauded by Roger =. sherman, of this city.
ON the ground that the Electric Execution
law provides, u punishment crnci and, uii-
usual, in violation OF the Eighth and Four
teenth amendments to the Federal Consti-
tuition.
The first OF these amendments provides
against the infection Of cruel and unusual
punishments.
The other rorbids the abridgment by any
State of the privileges aud nnmunities of
citizens OF the U ulted states. or the depriya-
ton Dt tho nIp. liberty ar DTODeFtx of Any
person without lue process of law.
Blu Nh. ShermAp's chief basis of action
lies III the point held by the New York state
Court OF Appeals. that the question OF
whether the proposed punishment IL cruel
or unusual IL Legislative aud not judicial.
Therefore he takes the question to the
United States Circuit Court which. having
power to determine whether any State law IA
in violation at the Federal Constitution,
will not be hampered by that distinction
between the Legislative and the judicial.
Judge " allGce admits that the writ was
defective, IN hat II did not bear Reminders
signature nor the seal Of the Court, but the
case. he EuNh. Mak urgent and he pOull moi