The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-05-21
THE ROPE OR CURRENT
kemmIer Case Before the U. S.
Supreme Court.
ARGUMENT OF Mr.. SHERMAN
Alleging tho Unconstitutionality OF
tho New York law OF Electro.
cutton = Tho Decision Of .
Court Reserved: A D, 2

| WASHINGTON, May 20.-Tho applica
ton for writ OF error in the case o
kemmler, under sentence OF death by
electricity, was heard in tho Unite,
States Supreme Court to-day ;tty
Every seat in tho court room war
filled, but there was no crowding such
as prevailed yesterday, when the, cast
was to have been heard. Ex.Attorney
General Garland, ex-Secretary Bayard,
several Senators andgrepresentativcs
and Attorney General Tabor, OF the
State ut-New York, -were w..ttnin the t1ft
OF the court.
Roger NJ. Sherman, counsel for kemm.
ler, who made the application, appeared
for the condemned murderer. He based
his argument on the Fourteenth Amend.
ment to the Federal Constitution, which
provides that mo State shall make or
enforce any law which shall abrnige the
privileges or immunitcs OF citizens OF
the United States; nor shall any State
deprive any person oil lie, liberty or
property without due process of law"
and on the Eighth Amendment, which
provides that "Crueland unusual punish
ment shall not be inflicted" $780,
SHERMAN EXPLAINS. VI
Mr.. Sherman explained tho circum-
stances under which the error was
brought. ave assume. he said, with
entire confidence, that the differentiation
OF questions which tho decisions OF this
court have left open, will not'be reached
in this case on the present motion, but
upon the return TO the writ and in due
course OF law" Mr.. Sherman contended
that the infliction OF death by electricity
was cruel and usual, and, therefore,
without due process Of law. lie held
that the question what, in the State OF
New York, is cruel and unusual pun
ishment for the crime OF murder is one
OF Federal cosnizance under the Four
teenth Amendment, although it involves
the reconstruction OF the State consti.u-
tion, and the Supreme Court is at lib.
erty to differ from the Court OF Appeals
upon it.
Mr.. Sherman also held that The War
den OF the penitentiary at Auburn was
given too great discretion by the law. 1t
conferred upon him power which had
heretofore been solely contided TO the
court. he, contended. that the effect OF
the Fourteenth Amendment was to fix
the law us it was in 1866, and to pro-
hibit any change by the States, which
was then usual, because cruel, or which
was not OF the nature OF mere remedial
and administrative process. The pro-
visions OF the New York statute for soil.
tary confinement, for coucealment of
the day OF death from the prisoner,
leaving its determination to the warden,
he claimed, were not to BIZ sustained by
the common law, but we're in violation
OF the Fourteenth Amendment.
THE ROPE AND TIE CURRENT.
Discussing the question as the COM
parative humanity OF the electric cur
rent and the rope, Mr.. Sherman held
that the electrical law. gave the Warden
no discretion in the matter OF the appli-
cation Of the electric current. He was
to continue the current until the Grim
inal was dead. The Warden might use
the current for week, If necessary, un-
til it killed. It had been shown that
not electricity, but i series Of nervous
shocks, was to cause death. s
Mr.. Sherman gave n number OF in
stances OF the intliction OF death by elec.
tricity, to show that a man would not
be instantly killed by tho application
provided for under the New York law.
He believed that ifa current Of electric,
ity were continuously applied to
kemmler it would be dldused over his
surface. The result would undoubtedly
be that. to an extent, the crimina!
would become part OF the circuit, and
that his skull and skin would lend q re-
sislance to the current. .-
AT the close Of the argument the court
adjourned until Friday, when its de-
cision will probably be handed down.