The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1890-05-09

maheAs Corpus Proceedings In the Ease (
william kemmier. Awaiting Death b
riiy anu idenniteiy Postpone d Day o
tfi~ Taking On-rhe Reasons for a
Granting OF the Writ.
Auburn. y. ~. April ~ -Judg
Wallace, Of Syracuse. has issued ~ OF
der 70 produce kcmmlcr before hin
June &, and the execution Will there
fore DO postponed.
Urea. y. y. April so.-Thc docn
ments in the kcmmlcr haheas corpus
proceedings were received hy Clerl
Doolitilc Of the United States Circuit
Court at half-past ten o'clock las
night They came from kcmmler''
attorney. Roger NJ. sherman. and Were
mailed az Syracuse. A letter accom-
panied tho papers in which Clerk boo
little was informed that Mr.. sherman
had arranged 10 dispense with formal
service. and requesting him to mail the
writs 70 Warden Durston, saying thar
would be sufficient The writ directs
the Warden 70 produce the body OF
Kemmler before the United States Cir.
49, ttNAN ~ ~ - fHt a. AAtN AAt
Tuesday. Juno II. The petition upon
which the writ was granted j. as fol-
lows:
To the Judge Of the Circuit Court Of the
United states for the >ofthcrn District ~
New York
The petition OF wnliam hcmmler respect.
fully shows:
4 That he il a citizen OF the United states
aud A. deprived Of his liberty BY Charles r.
Dnr~ton, agent and warden Of Auburn pris-
on. AZ Auburn, IN the said Northern District
OF New York. who threatens and j. about 10
put him. said kemmler. - death by causing
60 pass through the body OF said kemmier "A
current OF electricity Of sufficient Intensity.
IN the oplnton OF said purSton, 20 cause
death. and that the said kcmmlcr Is there
held 10 custody and deprived " his liberty
against hi viii and In violation ~ the Con
stltution Of the United states.
q The facts concerning the detention Of
him. said keinmler. and the claimor Of au-
thorIty by virtue Of which he Is detained are
as follows:
He was convicted IN the Court Of oyer and
Termlne ana the County IL Erie. In the
State OF New York. ofthc crime OF murder in
the first degree. committed March -. lsss:
and q warrant has been issued upon the
Judgment Of said conviction to said Dur
ston, appointing the week within which sem
tence must be executed. commanding said
Durston TO do execution upon some day
within the said week by causing to pass
through the body Of him. the said william
kemmler. a current OF electricity OF SUM-
clcnt intensity to cause death. and that the
Of such current Of electricity to
be continued until he. the said william
kemmler. be dead. said week expires on
the third day Of May. 1880:
\ The only authority Of law for said sen.
tence i a statute Of the State OF New York,
chapter ~ Of the laws ~ l,ss entitled an act
10 amend sections 4s2. }y2, 500. 50i. sos. 5O-. 51S.
100 OF the Code OF Criminal Procedure IN RI.
latlon 70 the infection OF the death penalty
and provide means for the infection Of such
4. said statute Il in conflict with the Con.
'tifution Of the United states. in that tho
imposed thereby l. cruel and
unusual; and IN that thereby the said state
bridges the immunities Of him. the sara
VILLAIN hemmler. 70 be exempt from cruel
ND unusual punishment for crime.
s. Said statute. moreover. q in conflict
NTH the Constitution Of the United states
n that the punishment imposed thereby
lepriS IS him. said William kemmler. OF his
ne without due process Of law; not only in
mis-, that the said mode Of putting him 10
Is unlawful. but also In this that the
judicial function Of liking the time Of his
cath ~ thereby taken from the court and
70 an executive officer or some
substitute upon some un defined
nd unaccountable cause.
Your petitioner. therefore. alleges that the
Of the aforesaid william
emmler and his detention under the uar.
ant Aforesaid are null. void and Of no force
: validity. and prays that this honorable
ourt DO forthwith issue the writ Of habeas
orpus 20 the said Charles =. Durston. agent
warden as aforesaid. requiring him to
the body OF him, said william
emmier, before this court at some time to
. designated in said writ, there to abide
nat shall be awarded by said court In the
And at the same time he prays
our honors 70 issue out Of said court the
rIt OF ccrtiorari 20 the Court OF over and
erminer OF the County OF Erie and the
ERIK thereof, commanding him forthwith Ia
'rtify 10 said Circuit Court OF the United
'ates, true copies OF the Indictment record.
rucrs ana commitments in said court re-
aiming -rde- g. ty virtue Of which said
lillian kemmi-r - now deprived ~ Ma
berty by authority OF that court.
And your petitioner wi II ever pray. etc.
County Cayuga. = :.
william kcmmlcr being duly sworn. says:
am the petitioner named in the afor.ro.
y petition. l have read the same. know
! contents, and She same j. true 10 the best
my knowledge. information and belief.
Signed WILLIAM
sworn BY ne this oath day OF April. 100.
d. u. MCNEIL,
Notary Public. Cayuga County.
The feeling Of relief was scarcely les
Warden Durston than 1t was to
emmler himself, and the same may be
I'd OF the faithful McNaughton. who.
the past few days, has been
wrought up.
Judge walIsce's Reason.
New York, April s0.-Judge Wallace
Us that in granting the Kemmler
IDEAS corpus writ he upheld views OF
unset making the application. that
asmuch IS the case was one Of life
III death the ouesfion involved should