Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1890-05-08
RESPITE FOR kEMMLER.

Habeas Corpus Proceedings In the Case OF
William Kemmler. Awaiting Death by
deterioration, Save His Life Temporal
rily and definitely Postpone the Day of
His Taking Of-The Reasons for tho
Granting of the Writ.
AUBURN, n. Y, April 29.-Judge
Wallace, of Syracuse, has issued an or
der to produce Kemmler before him
June 6, and the execution will there
fore be postponed.
UTICA, n. Y, April 3O.-The docu-
ments in the Kemmler habeas corpus
proceedings were received by Clerk
Doolittle of the United States Circuit
Court at half-past ten o'clock last
night. They came from Reminders
attorney, Roger NJ. Sherman, and were
mailed at Syracuse. A letter accom-
panied the papers in which Clerk Doo-
little was informed that Mr.. Sherman
had arranged to dispense with formal
service, and requesting him to mail the
writs to Warden Durston, saying that
would be sufficient. The writ directs
the Warden to produce the body of
Kemmler before the United States Cir
cult Court at 10 a. m. at Canandiagua,
Tuesday, June Il. The petition upon
"liACi IIlt WIKI was SIdHJtu - DIS lOL-
lows:
To the Judge of the Circuit Court of the
United States for the Northern District of
New York:
The petition of William Kemmler respect
fully shows:
1. That he is a citizen of the United States
and is deprived of his liberty by Charles +.
DurstOn, agent and warden of Auburn priS-
on, at Auburn, in the said Northern District
Vol VIII rhra tons i hon
put him, said kemmler, to death by causing
to pass through the body of said kcmmler Il
current of electricity of sufficient intensity,
in the opinion of said DurSton, to cause
DEATH and that the said kemmler is there
held in custody and deprived of his liberty
against his will and in violation of the Con-
stitution of the United States.
2 The facts concerning the detention of
him, said kemmler, and the claimor of au-
thority by virtue OF which he is detained are
follows:
He was convicted in the Court of Oyer and
Terminer and the County of Erie, in the
State of New York, of the crime of murder in
the first degree, committed March %, 1855 !;
and warrant has been issued upon the
Judgment of said conviction to said Dur
Ston, appointing the week within which sen
tence must be executed, commanding. said
DurstOn to do execution upon some day
within the said week by causing to pass
through tn e body of him, the said William
Il current pI tleCIFIClIN OF SUM-
cient intensity to cause death, and that the
application 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:
3. The only authority Of law for said sen.
tence Is statute of the State of New York,
chapter 4S9 of the laws of 1888 entitled an act
to amend sections 49, t92, IS: 5Ji, 5D5 5O7, 51S,
500 of tile Code of Criminal Procedure in re-
latiOn to the infiiction of the death penalty
and provide means for the iufliclion of such
penalty
stitutiOn OF the United States, in that the
punishment imposed thereby j. cruel and
unusual; and in that thereby the said stat,
abridges the immunitics of him, the said
William Kcmmlcr. to be exempt from cruel
and unusual punishment for crime.
5. Said statute, moreover, is in conflict
with the Constitution of the United States
IN that the punishment imposed thereby
depriy es him, said " illiam Kemmler, of his
life without due process OF law; not only in
this, that the said mode of putting him to
death is unlawful. but also in this that the
judicial function of fixing the time of his
death is thereby taken from the court and
delegated to an executive officer or some
uncertain substitute upon some un defined
and unaccountablc cause.
Your petitioner therefore, alleges that the
commitment of the aforesaid William
kemmler and his detention under the war
rant aforesaid are null, void and of no force
or validity, and prays that this honorable
court do fo -thwIth issue the writ of haOeaS
corpus to the said Charles +. DurSton, agent
and warden aforesaid, requiring him to
produce the body of aim, said William
kemmler, before this court at some time to
be designated in said writ, there to abide
what shall be awarded by said court in the
premises. And at the same time he DrayS
your honors to issue out of said court the
writ of certiorari to the Court of Oyer and
Terminer OF the County of Erie and the
clerk thereof commanding him forthwith to
certify to said Circuit Court of the United
States, true copies of the Indictment record,
orders and commitments in said court re-
manning under or by virtue of which said
William kemmler Is now deprived of his
liberty by authority of that court.
And your petitioner wi IL ever pray, etc.
County Cayuga, s :.
William kemmler being duly sworn saws:
81 am the petitioner named in the afOrego-
ing petition. / have read the same, know
its contents, and the same is true to the best
of my knowledge, Information and belief.
[Signed WILLIAM KEMMLER
Sworn by me this 24th day of April, 1890.
ID. Ii. MCNEIL,
Notary Public, Cayuga County.
The feeling OF relief was scarcely less
to Warden Durston than it was to
Kemmler himself, and the same may be
said of the faithful McNaughton, who,
during the past few days, has been
greatly wrought up.
II