The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-04-30
Kemmler Gets New Lease of Life
at the Last Mo-
ment.
A Writ Of Habeas Corpus Issued
by United States Judge
Wallace.
Made Returnable June 17-Anomaloua
Condition Of tho State Should the Law
BE Declared Unconstitutional.

Ss>~ SAAAV0A 0VeSO0 SAICUAt COuIG, uAU 1HSuCC
writ of habeas corpus in the case of the
condemned murderer, William Kemmler
returnable June II, was a great surprise
here. For many days the town people have
been on the verge of expectancy awaiting
an execution by electricity for the first
time. There also have been
in town innumerable newspaper
men. This afternoon at the dinner table
they received the first intimation, when
Attorney Quimby, of Buffalo, said there
would not be any execution and he was 60
ing home. The reporters hastened to the
prison and after short time Warden Ours
ton told them the news. Then there was
wild rush of reporters to the telegraph of.
tice, three blocks away. Attracted by
the running men, crowds of people
soon there was long string Of men and
children running up street. while out of
doors and windows were shouted to the
van of the procession all sorts of inquiries,
the most frequent of which was: "Say. has
ne been touched off YETI" This ex-
preston touched off" is the Auburn
writ was obtained in New York by ex AS
sistant District Attorney Roger NJ. Sher-
man. He had never communicated with
kemmler, and just who employed him can
not be learned. His connection with the
case seems to be like that of w. Bourke
Cochran, who, year ago. opposed Kemm-
ler's execution on the ground that it was
cruel and unusual, and therefore
against the state constitution. There
has been little doubt that Cochran
had some assistance from the electrical
company whose apparatus was chosen for
the execution, the company saying it did
not want it's dynamos used for such pur-
Tho roan1f of %ho &nhk s,,% %ho -
courts was in favor of the new law, and
since the final decision nothing has been
done until to-day. Sherman came here to-
day in company with Henry Z. Galley, who
is attorney for several eleoric light compa-
MES: Both these gentlemen refused to talk.
When Warden Durston went in and form
ally explained to him what had happened,
he looked as though he did not fully under.
stand, and the warden said, sit means your
execution is not coming of now, and that
you will have two months and perhaps
longer to live.''
facts were beginning to dawn upon him,
that makes me feel much easier" Kemm-
!er's face was expressionless, and he sat
down without appearing greatly astonlshed.
The future of the case will probably be one
OF protracted litigation. When Kemmler
IS produced at atCanandaigua, arguments will
take some time. and it may be weeks longer
before the decision of the court is handed
down. IT adverse, Sherman may appeal to
the United States supreme court, and this
would result in further delay.
&Lawyers here declare. however, that the
application will not be successful, as thew
assert it is clearly within the limits of the
decision OF the supreme court in the case
where it was claimed the eighth provision
OF the constitution applied to the state
laws imposing certain punishment. In that
case the supreme court decided that the
provision applied to national and not state
legal violations, but should the federal
courts declare the law uncon-
be confronted with problem.
There will be in prison a number of con-
dsmned murderers who cannot be put to
death. The law providing for the rope as
q means of execution it is argued by lawyers
has been supplanted by the electrical law.
II the latter is ruled out the state will have
no law for capital punishment, and lawyers
say new statute which might be passed
providing means of execution could not
AFFECT those sentenced prior to its passage.
Nature of the Petition.
UTICA, N. Y, April 2.-The clerk of the
United States court this evening put his
official seal on the writ and sent it to Au-
burn. The petition upon which it was grant
3D. sets forth that the punishment imposed
oy the sta tutes is cruel and unusual; that
i conflicts with the federal constitution
N that the punishment imposed de-
prives Kemmler of life without due
putting him to death unlawful, but also
hat the judicial function of fixing the time
If death is taken from the court and dele
gated to an executive officer or some nm |