The Anaconda standard., 1890-04-30
A new LEASE OF LIFE
Writ Of Habsas Corpus Issued In
KemmleF's Case.
To Test the ConstItutionallty OF the
Statutes-A Possibility That
the Prisoner May Escape
Execution.

NEW YORK, April 29.-Kemmler was |
awakened upon the second day OF his |
last week Of life. He has not yet been |
10 the chamber OF death.
Reports from the coll this nfafning do not
indicate any change I'm his demeanor.
Nothing is positively known yet as To the
tlay fixed for the execution, but from the
preparations going on and the arrivals OF
physicians and scientists to he present;
the impression has become well grounded
that Wednesday morning is the time.
The execution will probably take place
at daylight.
AU8URN, April 29.-Judgc Wallace OF
the United States court has granted
writ of habeas corpus, returnable June
IL, i'm the case of Kemmler The ground
for the writ is that the act under which
the execution was to take place Is IN vio-
lation of the constitution.
AUBURN, N.Y., April 29.-The announce
this afternoon that Judge Wallace of the
United States circuit court had issued
writ of habeas corpus in the case OF the
condemned murderer, William kemmler,
returnable June IL, was great surprise
here. For many days town people have
been on the verge of expectancy await
ing the execution by electricity. for the
first time. There has also been IN
afternoon at the dinner table they re-
ceived the first intimation when Az,
torney Quimby of Buffalo said
there would not be any execution ana ne
was going home. Reporters fastened TO
the prison, and after short time warden
Durston told him the news. Then there
was a rush of reporters to the telegraph
office three blocks away. Attracted by
the running men, crowds OF people poured
out of houses and stores, ana soon tnere
was long string of men ana chiidreh
running up the street, while out OF doors
tod fN a
the procession all sorts OF inquiries, the
most frequent of which was. "Say, has he
been touched off yet ?" This expression
''touched off" is the Auburn way OF re-
ferring to electric execution. The writ
was obtained i'm New York by ex-Assistant
District Attorney Roger NJ. Sherman. He
had never communicated with kemmler
and Just who employed him cannot be
learned. His connection with the case
seems TO be like that OF w. Bourke
Cockrane. who, year ago, OPP
posed Kemmler's execution on the
ground of being cruel and unusual,
and therefore against the state constit,i-
tions. There has been little doubt that
Cockrane had some assistance from the
electrical company whose apparatus was
chosen for the execution, the company
saying il did not wants it dynamos used
for such purpose. The result of the light
i'm the state courts was in favor OF the
new law, and since the final decision
nothing has been done until to-day. Sher-
man came here to-day in company with
Henry ID. Gailly who is attor-
ney for several electric light COM
refused to talk. Warden Durston
who had been bothered greatly by news
| paper men the last few weeks, at first re-
| fused to believe i'm the genuineness of
| Sherman's papers. Sherman thereupon
went before Judge Dwight and made the
IA .,,ts tnh don
| Ourston accepted the service, and al
lowed KemmIer To sign the papers con-
| stitutinp sherman his attorney. Kemm-
Ter, who is very dull of comprehension.
paid no attention To what he was signing,
| and knew nothing of the importance
% Of the om napeps % until nearly 4 O'clock,
when Warden Durston went in and
formally explained to him what had hap
| pened. Even then the prisoner looked as
though he did not fully understand, and
the warden said: ut means that your
| execution is not coming Off now and tina,
you will have two months and perhaps
longer To live"
"Oh," said Kemmler. just as though the
facts were beginning to dawn upon him
"that makes me feel much easier" KEN
mler's face was expressonless as he sal
ished, Tn. future of the case
will probably be one of pro
tracted litigation. When Kemmler will
be produced at Canandiag.ia argument,
will take some time and il ma, be week,
longer before the decision of the cour
will be handed down. III adverse, Sher
man may appeal to the United States 81,
preme court, and this will result i'm further
delay. Lawyers here declare, however
that the application will not, be success
full. as they assert il Is clearly within th,
limits of the decision ofSt},e supreme
court I'm the case where il Was elaine,
that the eighth provision of the constitu