The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1890-05-01
NOT YET TO DIE.
WRIT or HABEhs CORPUS GRANTED
kEMMLER

The Writ directs the Warden 10 Produce
Tho nody of RemmltF nefore the u, ~
Citouit Court Juhs iT-The Petition
Upon whioh the writ ID Granted Dives
In Fuii- Nemmier hwears 10 the Truth
Of tho reiitiog-'Judgo Wallace iuisr
yieNed,
UmoA, N, r., April 0O,-The doou
ments IN the kemnler hRbeaa corpuf
proceedings we're received by Clerk boo
little, Of tlle United States circuit court,
NJ 1880 yesterday evening, They came
from Kemmler'a attorney, Roga M,
Sherman aud we're mailed 40 Syracuse,
A letter accompanied tho papers, IN
which Clerk p0olittle was informed
that Nh sherman had arranged 10 dia.
penae with formal service, and request
Ing him 70 mail the writ to Warden
Dursi0n, saying that would be sufficient,
The writ directs the warden 70 produce
the body Of Kemmler before the United
States circuit court, NJ l0a M, NJ Cana
daigia, Tuesday, June n, The petition
upon which the writ WAS granted N ~
f0llOwal
10 tho Judge NJ the circuit cour Of the United
States f1r the northern district NJ New York
The petition " William Kommler respect
fully hhuwhi
hlates ana n deprived ~ his liberty by
Chafleh n nurht0n, agent ana warden u Au'
burn prlheni ~ ANbufh' li we ~ hnllhgih
dlatridt Of Ngw NorA yho l9reale9s ..,, a9d Va =
causing 10 pass through the body Of said
k6mmltr current Gf electricity ~ HultlClent
Intensity IN the opinion ~ SAID Dumlnn 20
cause death, aud that the sald l{emmler u
erty against his viii and Ia violation Of the
Consultation ~ the Uniied states,
gecphd-rhe Facts concerning the detenti0n
Of him, said kommler and mo olalm OF
authority by ylrlueof which he u no detained
are hh f0llOWhl
ierminer NJ the county Of Erie Ia the state Oi
New York, 0f the crime ~ murder IN the FIRST
degree, committed March ~, l"h ana war,
rant has been Issued upnn tile Judgment OF
said conviction tu tHld Durai0n appointing the
week within which HentrHGt must hucXtUuttd,
commanding said nurstuu 10 do execution
upon some day within the said week by cHuH
lng 70 pass through the body " HIN, the said
huiilelont Intensity 10 cause death, nnd That
the application Of such current Ot electricity
70 bo continued until he the said william
kemmler be dead. hhd week expires ON the
Thlrd-lhe only authority Of law for fald
sentence uppn said conviction II u statute Of
the state VI Nov York, chapter AN oi The laws
lOi ld, an bOl, 5lN 5od, bOj, bOs aud poo Of the
code 0f criminal procedure Ia relation 70 the
lnnlotlon Of tho death penalty pnd 70 provide
means lor thg innlction of tuoh lenaltE'
Fourth Hhhid statute " IN COnilut with the
constitution ~ the United ktetua In that the
punishment lmtoted thereby 10 cruel Bnd un'
uauhl Hnd Ia that thereby SAID state phfllgea
kcmmlor 10 be- exempt FROM uruol aud
Unusual rgulHbmoHt Cor Crime.
Fifth aald statute, moreover, IN In conflict
with the constitution " the United StHtos, In
that the. punlshmCnt Imposed thcroby Qe.
prlyoa him, said William kommlor, 0f hlt
lifo without due process of lnWi not only
DEATH s ' u3nawf MA BUt I'G eoo II R"tGH Xxx tRap @ INC
judicial function Of liking the term Ot his
death N thereby taken from the court ANA
delegated 20 an executive 0therr or some un.
certain substitute upon some Underlined and
accountable cause,
Your petitioner, therefore, alleges that
William Kcmmlcr and his detention un.
der the warrant aforesaid are null, void
and Of no force or validity, aud prays
that this honorable court do forthwith
issue the writ Of habeas corpus TO the
said Charles Il, Durston, agent aud
warden, IN aforesaid, requiring him 10
produce the body Of him, said William
Kemmlor before this court NJ some
time 70 bc designated IN said writ there
10 abide what shall bc awarded by said
court IN the premises.
Aud NJ the Same Time lie Prnys
your honora 10 issue out Of said court
the writ the ccrtiOn TO the court OF
oyer aud tcrminer, Of the county Of
Erie, aud the clerk thereof, command.
ing him forthwith 20 certify 10 said cir.
cult court Of the United States true
copies OF the indictment, record orders
and commitments In mid court remain
ing under or by virturc Of which mid
William Kemmler IN now deprived OF
his liberty by authority Of that court.
And your petitioner viii ever pray, etc.
William Kemmler, being duly sworn,
says;
I am the petitioner named In the foregoing
petition, have read the same and know itt
oontnntH, mud the Same N true 20 tho best OF
my knowledge, Information and belief
Sworn before mo this gSth, day q April,
Notary Public, Cayuga county.