The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-06-26
Kemmler is Resigned.

Especial to THE NEUTRALITY-SUSPICIOUS. Disna+ot 7
SARATOGA, June 25.-The case of the peo-
pie, ex rel, Kemmler VS.. Durstor
warden OF the state prison at Auburn. came
up before the court of appeals Yesterday
morning, w. Bourke Cochran argued +be :,
case Tor hemmler on the sole onesrior
whether the legislature had the noIve1. -,
leglSlate so as to take away anv of the dr
Ties or powers OF any sheriff of anv connt1
as IL ald In the present case, and invest an,
otner onlcer, as in this case. with sncb
powers He claimed that the law NO ou III
constitutional and void because il de-
prlVed the sheriff of Erie county of tho
powers conferred on him by the cons+ir1I
ton. Counsel argued that the act so fa,
as IL attempts to give the custody of the
reiator 10 the warden, being void, and the
Ielator oelng detained by a person not hav
ing the shadow of authority and being con
fined out of the county of his convictio,,
and IN an unauthorized building. it foIIoyvs
tnat ne IS Illegally restrained and deprived
Oh MS liberty. Counsel asked thar the
| court should reverse the order of the gen
erai and special terms and make another
directing the warden to discharge the re
lator from his custody.
Attorney General Tabor BEGAN argnr,o,,.
by reviewing the course of the counsel fo,.
hemmler IN going through all the courts in
the country in behalf of his client tvban
| Chlef Justice Kruger cut him short nv re-
marking that further argument was nm
necessary, as the court was ready to render
decision at once. This decision, in effect.
Is tnat the court believes that the legisIa
ture had power 20 make the law in ouestion
and that the decision of the lower conrt he
affirmed. W
This isn't the end of this case.,, re-
marked w. Bourke Cochran at the rlose 30
the hearing. He refused to indicate his
plans, but 1t was learned that there are stiII
two courses open to the Westinghouse com
pany, Whlcn is credited with being the
actual appellant in the case One is tn re-
plevin the dynamo from the STAT
That would prove Intellectual. for the
state could, under the code of civil
procedure, give bonds and use If fo,.
deadly purpose pending the decision Of
the matter IN the courts. The other is the
high constitutional claim that the neonIe
nave mad their day IN court and Kemmler-
not having been executed by the warfe, IN,
accordance with the sentence he cannot
again be placed in jeopardy for the same
crime. This would be assuming thzt
Judge Wallace'S writ of habeas cornus
which suspended Warden Durston's action
was Illegally and fundamentally issued and
thus having been a void process the warden
was not h1ndered by 1t, but voluntarily neg
iected his duty. This would take the case
States.
Kemmler was not informed of the deci-
sion until after the evening meal at <
o'clock. When he had finished eating the
condemned man said to old Keeper Daniel:
well, old man. you seem to take it harder
than do. See, l an not nervous and down
cast and know by your solemn way how
my case has ended and learned nv fate
from your actions, but it will be all right.
Daniel. Don't feel bad, l knew all along
we would have to part and was ready to
hear what your good, old heart was ready
to reveal to me.n
When Daniel did not essay to enlighten
him on the decision of the court he asked.
what did the Judge say, anyway?n said
Kemmler. 'That I've got to be touched off
by this electric machines Well. the sooner
its over with now the better. I'm tired Of
this monkeying, for guess the law is all
rgnt-n Ne one except the condemned
mans keepers, the warden, the Rev DR.
Houghton and prison chaplain are allowed
to see Kemmler.