The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-08-07
qhs Kemmler Execution.


The law has been mpH with finally in
| the case of KemmleT. the New York muir
derer. He was executed early yesterday
| morning in the prison at Auburn. The
| Ksmmler case is a famous one and enough
hos been written about 1t TO FL many vol
unes. Kemmler was only an ordinary
murderer. Not much would have been said
about him or his crime if he had been SEN
fenced TO be hanged. The fact that he was
| the first criminal sentenced 70 die by the
new msthod of Judicial killing was what
attracted attention to him.
He was sentenced to die by electricity
jan. II, 1881 His counsel appealed TO the
supreme court Of the state and then 70 the
court of appeals. In both courts the decis-
| ION was against him. although some Of
the ablest lawyers Of the New York
| bar appeared in his behalf The
/ main ground upon which he asked that the
verdict be set aside was that death by cleo
tricity was cruel and unusual. While his
case was pending in the higher courts the
| day fixed for his execution passed, and he
was resentenced Aug 2S, 1890. The lawyers
had not finished with the case, however.
| They thought there was still chance to
save his life They sued out writ of habeas
corpus in the United States circuit court
for the state of New Yark, and by that
means got the case before the United States
supreme court That court heard the case
promptly and sustained the state courts.
That decision finished Reminders case in the
courts. In the meantime the day fixed a
second time for the execution had passed,
and Kemmler was sentenced a third time.
The third sentence fixed the execution
at any time within the week beginning
Aug 4.
The long legal contest in Kemmler's be
half was not SO much for the purpose of
saving his life as to have the new method Of
executing murderers declared illegal The
law authorizing that method was sustained,
and in future electricity will be the agent
with which tie death penalty will be in
flicted in New York
There was a great deal of opposition TO
the substitution of electricity for hanging
as the means for executing the death
penalty, although there was a strong senti-
ment against the gallows. A commission
was appointed in 1856 by the New York
legislature to report substitute for the
gallows 1t considered electricity, prussic
acid or other poison, the guillotine and the
garrote, and reported in favor of electricity
in 1888. There was long and stormy de-
bate in the legislature upon the bill author
izing the use of electricity. The advocates
of electricity, however, were finally victo-
rious
The law requires that executions by cleo
tricity shall be private, and that no publ
cation of the details of them shall be made.
1t is made misdemeanor for any newspa-
per to publish any account of an execution
beyond the fact that certain convict was
executed on the day named in his sentence
1t is not probable, however, that the news
papers will pay any attention to the law.
They certainly have not in Reminders case.
In future there will not be so much interest
in executions by electricity, and newspapers
may show greater respect for the law. 1t
is Il question whether the restriction upon
newspapers is constitutional. They are
willing to have its constitutionality tested.
A question which presents itself is, will
other states follow New York in substi-
tuting electricity for hangings Doubtless
some of them will, if electricity is found to
be preferable. There appears to have been
some mis- axe made in applying the cleo
tricity in the Kemmler execution, as death
was not instaneous. 1t was necessary to
reapply the electric current. If the public
becomes satisfied that death by electricity
is less painful and quicker than by hang
ing, it is safe to say that the gallows will
gradually disappear.