Evening journal., 1890-11-22
LIKE KEMMLER'S CASE.
Attorney Sherman's Struggle to
Save Schihiok Jugigo.
GRADUAL BURNING AT THE WIRE.


Habeas Corpus for the Japanese STur.
derer-An Old Argument Repeated.
WASHINGTON, Nov %. = The supreme
court of the United States heard argument
in the case Of Schihiok Sugigo or Shibuya
Jugiro, the Japanese now confined IN Sing
Smg prison under sentence of death by
electricity. The case was brought to the
supreme court on an appeal from a de-
cision delivered in September last by Judge
Lacombe, of the United States circuit
court for the Southern district Of New
York, denying an application for writ Of
habeas corpus filed in behalf of Jugigo.
Roger NJ Sherman, of New York, who
was counsel for William Kemmler, ap.
peared for Jugigo. The state of New York
was represented by Attorney General Ia
Dor Mr. Sherman began his argument
with the statement that this gradual
burning at the wire. instead of the stake,
is a refinement upon oil cruelty which the
civilized advocate Of capital punishment
or the vindictive inhumanity of savages
has ever devised
Cruel and Unusual Punish ment.
The primary question presented was,
said Mr.. Sherman, an original one con
corning the mode in which the state OF
New York threatened to deal with Jugigo
under a construction of the statute. That
mode and that construction. he commended,
besides being erroneous, imposed upon
Jugigo a cruel and unusual punishment,
exactly as II the statute itself in terms pre-.
scribed these fortunes. Mr.. Sherman
quoted the decision Of the supreme court
in the kemmler case, and said that he con.
eeived that this decision comedies the
proposition that the torture of criminals
by state authority violates the fourteenth
amendment. If there was no statute
which authorized imprison ment for life,
either accompanied by the constant terror
ism & threatened torture or not, the fed
eral court could, said Mr.. Sherman, adj
judge that the sentence was no warrant for
the detention Of Jugigo.
without Due Process Of Law.
He commended that the means about to
be employed for causing instantaneous
death were not capable of that effect, and
it followed, he said, that Jugigo was about
to be executed without due process and in
defiance of the only law upon the subject.
The threatened infection, moreover, con.
travened the express command of the
statute
The Lesson of Reminders Death.
The command involved the use of a con-
tinuous current Mr. Sherman then de
scribed the continuous and discontinued
currents. He said that the instant depriva-
ton Of life caused by lightning was con
templated by the makers OF the electrical
law. lie insisted that he should be per-
mitted to show what occurred in Kemm-
leris execution, and went on to describe
the death of Kemmler, laying stress on the
fact that blood flowed from his baud after
the application Of the first shock, and that
the glands Of his mouth developed saliva.
The autopsy, he claimed, disclosed the utter
fallacy Of the theory OF the law The
nerves had not been preferred channels OF
the currents. The brain was in normal
condition except under the electrode.
The spinal cord was not injured. The
blood In some parts had been baked dry
The heart and lungs presented normal
conditions The spinal muscles had been
roasted like overdone beef In short
almost every result predicted in his brief
in the Kemmler case had, be said, been
realized. There had been outer indica-
lions OF prolonged death agony.
The Testimony OF the wires.
Justice Field interrupted Mr.. Sherman
to ask if he commended that if sufficient
electricity were applied death would not
be instantaneous. Mr.. Sherman said there
was the gravest doubt if any artifcially
generated current had produced instanta-
neous death. There was no accurate and
reliable way Of determining positively
when real death occurred He quoted
statements made by experts holding that
they supported his argument Mr.. Sher-
man referred to cases where men who had
received severe shocks Of electricity had
lived and Judge Field called his attention
to the numerous cases where men had been
killed BY electric light wires in New York
city.
Mr.. Sherman said these cases were SINH
lar TO that Of the linernan who received a
shock in front Of the Park theatre in New
York city and who died in few minutes
after. He said that this man had no rub
Der gloves on, the night was wet, and
every condition was favorable to his re-
ceiving a severe shock.
The Probable Agony or Rirehail.
Reference by Mr.. Sherman to the prob
able agony OF Birchall for two minutes
after the rop had fallen brought ques-
ton from Justice Gray, who asked il that
circumstance did not show that the old
fashion Of hanging was cruel and unusual
Mr. Sherman answered that he did think
it was cruel and unusual ia Birehalps
case, but not as cruel as five minutes Of
torture under current Of electricity.
Mr. Tabor's Argument,
Attorney General Tabor in his argument
said the allowance OF the writ Of habeas
corpus was not a matter es right. but
rested to great extent Ia the discretion Of
the cOurs lie argued that the writ cf
habeas rs IS could not be converted into
writ Of error BY which the Judgment Of
the courts Of the state OF New York pass.
ing the sentence could be reviewed, aud he
quoted decisions In support Of this con
tenticn. Mr.. Tabor claimed that the al
legation Of the petitioner. Jugigo, that the
state OF New York was not able to carry
into effect the sentence imposed on Jugigo
had been settled by the decision Of the
supreme court ia the Kemmler case. That
the state Of New York, he said, had sufli
Gent machinery TO carry out the law for
the punishment OF offenses was clearly es
tablished in the kemmler case
OF this fact the court might take notice
because IL was q matter that had been given
wide publicity, and II "a prisoner held under
a law adiudged unconstitutional by tbs
courts Of the state and OF the United States
could procure habeas corpus upon the facts
set forth by Jngigo's petition there was nc
reason why any other convict wouid not b
entitled 70 the writ by the mere statement
that the straps upon the chair Ia which th,
convict were fastened were not OF sufficient
strength 70 hold him, or for any othc
reason that the genius OF counsel NIGH