Los Angeles herald., 1890-04-30
NOT TOUCHED OFF.
A New Lease of Life for
Murderer Kemmler.
His ElectrOcutiOn Indefinitely
Postponed.
A Writ of Habeas Corpus Issued at
the Last Moment.
Great Excitement Caused bv the Sudden
Great Excitement Caused by the Sudden
Change in Programme-News-
mongers Disappointed.
Associated Press Dispatches.

Associated Press Dispatches.
AUBURN, N. Y, April 29.-The an
nouncement this afternoon that Judge
Wallace, of the United States Circuit
Court, has issued writ of habeas corpus
in the case of the condemned murderer,
William Kemmler, returnable June 18th,
was great surprise here. For many
days the townspeople had been on the
verge of expectancy awaiting the execu-
ton by electricity for the first time.
There also had been in town innumer-
able newspaper men. This afternoon,
at the dinner table, they received the
first intimation when District Attorney
Quinby, of Buffalo, said there would not
be any execution, and he was going
home. The reporters fastened to the
prison, and after a short time Warden
Durston told them the news. Then
there was wild rush of reporters
for the telegraph office, three blocks
away. Attracted by the running men,
crowds Of people poured out of the
houses and stores, and soon there was a
long string of men and children running
up street, while out of doors and win
dows were shouted to the van of the
procession all sorts of inquiries, the
most frequent of which was: "Say, has
he been touched off yet ?"
This expression, touched off" is the
Auburn way of referring to electrOcu-
ton.
The writ was obtained in New York by
eXAssistant District Attorney Roger U.
Sherman. He had never communicated
with Kemmler, and just who employed
him cannot be learned. His connection
with the case seems to be like that of W.
Bourke Cochran, who year ago opposed
Kemmler's execution on the ground that
it was cruel and unusual, and against the
State constitution. There had been little
doubt that Cochran had some assistance
from the electrical company whose APP
paratus was chosen for the execution,
the company saying it did not want it's
dynamos used for such a purpose. The
result of the fight in the State court was
in favor of the new law, and since the
final decision nothing had been done
until today.
Sherman came here today in company
with Henry d. Galley, who is attorney
for several electric light companies. Both
these gentlemen refused to talk.
Warden Durston, who had been
bothered greatly by newspaper men and
others the past few weeks, at first re-
fused to believe in the genuineness of
Sherman's papers. Sherman thereupon
went before Judge Dwight and made the
necessary affidavit, after which Warden
Durston accepted the service and allowed
Kemmler to sign papers constituting
Sherman his attorney. Kemmler, who
is very dull of comprehension, paid no
attention to what he was signing, and
knew nothing of the Importance OF the
papers until nearly 4 O'Clock, when
Warder Durston went in and formally
explained to him what had happened.
Even then the prisoner looked as
though he did not fully understand, and
the warden said: cit means that you1
execution is not coming off now, and
that you will have two months and
perhaps longer to live."
"Oh," said Kemmler, just as though
the facts were beginning to dawn upon
him, that makes me feel much easier
Kemmler's face was eXpressiOnless
and he sat down without appearing
greatly astonished
The future of the case will probably
be one OF again protracted litigation
When Kemmler is produced at Canaan
daigua the arguments will take some
time, and it may be weeks longer before
the decision of the court is handed
down. If adverse, Sherman may ap-
peal it to the United States Supreme
Court, and thus result in further delay
The lawyers here declare, however, that
the application will not be successful
as they assert it is clearly within the
limits of the decision of the Supreme
Court in case where it WAS claimed
that the eighth provision of the Consti'
tuition applied to State laws imposing
certain punishments. In that case the
Supreme Court decided that the pro
vision applied to national and not State
legal violations.
But should the federal courts decide
the law unconstitutional, New Yorl
State will be confronted with a problem
There will be in prison number OF con
demned murderers who cannot be put tt
.Ge.c:h. The law providing for the rope
as means of execution, it is argued by
the lawyers, has been supplanted by thu
electrocution law If the latter is ruleC
out the State will have no law for capita
punishment, and the lawyers say
new statute which might be passed
providing means of execution, coulc
not affect those sentenced prior to it
passage.
UTICA, N. Y, April 29.-The clerk o
the United States Court this evenin,
put the official seal on the Kemmler writ
and sent it to Auburn. The petition
upon which it was granted sets forth tina
the punishment imposed in the statut
is cruel and unusual. That it conflict
with the Federal Constitution, in tina
the punishment imposed deprives tn
prisoner, Kemmler, of life without du
process of law; not only in that tht
mode of putting to death is unlawful
but also that the judicial function Q
fixing the time of death is taken iron
the court and delegated to an executiv
officer or some uncertain substitute
upon some underlined, unaccountabl
cause.
The S0uthern UJuiOn Pacific.