The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-25
KEMMLER,s DEATH MAY BE DELAYED.
Another Appeal May he Made to tho
United States Supreme Court.

Another Appeal May he Made to the
United States supreme Court.
WASHINGTON. May 2.-Although the Su-
preme Court yesterday decided against Kemm-
Ter on all the constitutional questions which
can be raised in his case, 1t is not absolutely
certain that the court has heard the last OF the
case. 1t was the general opinion that the de-
cision yesterday would finally settle the mat
ter. and that all that would to be done would
be tho pro forma vacation Of the order OF Judge
Wallace and the resentencing Of kemmler. 1t
may be that counsel will stop hero and not
further proong what, in view of the decision
yesterday. must be regarded as a hopeless case
80 far as the Supreme Court is concerned. But
II is still possible to delay the day OF execution,
until next autumn at least, by bringing another
appeal to the Supreme Court The situation
is rather m interesting one.
When Judge Wallace made his order staying
proceedings in Kemmlers case BIO did SO on the
understanding that counsel would immedia ely
apply to the highest tribunal for q writ Of
hebeas corpus. and thus obtain final decision
upon the constitutional objections raised
against the proposed mode OF execution. Judge
Wallace announced that he granted the writ
stitutional points Mt issue could be decided by
the Supreme Court This Court declined to
hear Mr.. sherman 8 application for a,writ OF ha-
beas corpus. for the reason that 1t could not reg
ulary take notice OF an original writ Of habeas
corpus In such case. Judge Wallace had
made no decision on the writ OF habeas corpus.
and therefore there could be no appeal upon
which to allow the Supreme Court to act In its
appellate capacity. For the purpose. however.
OF securing Il speedy determination OF the
questions involved the Court directed Mr..
Sherman TO make application for a writ Of
error from the findings OF the Court OF Appeals
OF New York. There was no substantial diner
ence in these two methods. the constitutional
objections which could be made on the appl-
cation for writ OF habeas corpus being equally
pertinent in the application fer n writ OF error.
would really govern the case II brought up in
the other shape. The Court having decided
the questions at issue against kemmler, Judge
Wallace. when his writ becomes returnabls on
against Mr.. sherman on the matter of the
habeRs corpus writ.
1t must be borne in mind that il was not on
an application for q writ OF habeas corpus that
the supreme Court made its decision. Now.
under the law an appeal from an order deny
ing writ Of haheas corpus to the highest
court in the country is matter Of right, and
cannot under any circume tances. 1t is said. be
refused. 1t will Thus be seen that counsel have
from the decision Of Judge Wallace next
month and as the Supreme Court has ad-
lourned for the term. hear Ing could not be
had until next OcI ober. OF tho result OF that
Court has already decided against Kemer on
all the points which could be raised Whether.
In view Of the fact that the question: at issue
have been settled. Of the understanding with
cision should he accepted as final. and OF the
probability that the couri would severely CEN
sure the bringing Of snch an appeal for the OBJ
vious and solo purpose of delaying execution,
counsel will still insist upon upon doing all
Is the question which remains to be deter.
mined.