The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1890-01-10


th& New YORK snprrme cau,s. An p...s-.
tpon the Case az kemmisr. Cosd~mn~<
=. prsth tnder the law rrc-erihlns
Eiestrieity - tho Means u Executi<.r
decides u 20 ~ Constitufson.l an
Nenm'er Must ~ shocked ts Death.
ROCHESTER, n. A.. Dec. 81. Owing "a
the TACT that Judge Barker will retire
rom the bench on the slst inst. the
snises % the General Term have been
holding councils over the decisions fsr
the ocsober term. Yesterday morning :
decision in the kemmler case. with lone
opinion ~ Judge Dwight was handed
dowr.
~ viii be remein bercd that II. Kemm-
Ter Is the murderer condemned TO death
under the new law providing for the az
ecution Of murdercrs by electricity.
Following Is an abstract OF JUDGE
Dwight's opinion:
writ Of habcss corpus vas sn.d a., .,-
ifxing that kcmmicr Was sentenced 10 mn
dergo cruel and unusual punishment con
trAry % the Constitution Of the state ~ <ew
Tors and Of the United states. An Offer va I
n'ane 20 prove that the punishment A. pre- A
ss1'oei ~ the statute was cruel and unusual
a referee was appointed % take and rspors /
sncn proofs as should be offered BY either
party on the question prof. c.ed The cours
peios dismissed the writ and remanded IN.
PRISONER ~ sh- custody Of the agent ana
49, sa.uen ~ me states prison. An appeal from
mat order brings the case 70 this court
and presents question very novel M -
: nAfacter. and IN the manner OF IT, prr~enta-
tiun- The attempt TO enforce the proylsion
o. the Constitution against cruel
and unusual pnnishmcnfs. Is based unon
ee.ucnec' and intended 10 show the char
Al Ia.
thereby. The constitutional provision mr.
INVOKED originated in the well known Mn of
sights 81 England That celebrated enacf-
nent AZ the frst-fruts Of the great revolu.
ion 81 less
Judge Dwight then gives an interest
ng review Of the way in which the
iause originated. and continues:
Il seems very clear that no prox;.,on y
ne English Bli Of Rights was Intended "a :
per2te ~ restriction upon the power ~ q
'e legislative branch Of the English Govern G;
'enI The act WAS chiefly a prctess
sa'nst the acts OF tyranny and oppres-
- IN N tne part OF the crown. In regard "a -
y similar provision OF the Constitution n ~
g united States. it IL in the first Mac. =. -,
observed that Il has NO application 70 snv
partment OF the Governments Of the Ss.e.s es
! !" y = restriction upon the Federal Cow ar
nmsnt There Is even some doubt II il IL de
.en ,,' - restriction upon the power Of 70
legislative branch of the English t:ox -
nmens- The act was chiefly = nros.ss mi
.,nst tnc acts OF tyranny and oppression es'
the part OF the crown 20,
suh regard 70 the provision ON the Con. -.
'ution u this State the case il Different T. y
u nave been intended as restriction -
u. M legislative authority. We have no m
10y tnaf 4 the Legislature OF thls state sio
'uid undertake 70 prescribe for anx ~. s;o
y against - laws the punishment ~ -.
nhs NJ the stake. breaking Ne ~. eo'
EEL etc, u would be the duty 81 um
CULTS 20 pronounce upon such A. d
'pt the condemnation Of the Constellation. mi,
nov 20 be answered j. whether mo
ieS'siatise act here assailed Is subject n,
same condemnation Certainly IL IL NOT me-
IN ~ face. for. although the mode ~ e y,
~ ueScribed - conceded TO be unu.u.r Low,
y no common knowledge or consent a..
- cruel u II a question OF fact
tncr an electrical current or sufl1ciene As
nsity and skiIifully applied win prodnce be
ss,,. s.o-. unnecessary suffering. + this due
eSton open 70 investigation OF the court A.
y e@'ieu upon 90 decide the validity Of "
a" ~ question. or must 10 be presumed sma
~ peen determined BY the Legislature gree
49, I'm me node o. punishment pre-. nah
prudence -. c,' .1 IN e me history q ular
such investigation. thes
le Judge suggests that IL could sase- eiee
presumed II tha -;.,s ..- 800 ing
.ient1v invo..;-..<a - -. and
bafo-. 1910; n for p
,esie"s the work - the committee -.
investigated uethods OF capital k1sc'
'hment- After reviewing the ex- 'nes'
nents made upon animals with cleo 49,
y and accidental deaths Of men
lgh the same instrumentalitv. tha