The state republican. (Jefferson City, Mo.) 1871-1896, 1890-01-02
ELECTRICITY GOES.


Upon the Case of Eemmler, Condemned
to Death Under the Law Prescribing
Electricity as the Means Of Execution
Decides IL to He Constitutional, and
Kemmlcr Must be Shocked to Death.
ROCHESTER,, N. Y, Dec. 81. Owing to
the fact that Judge Barker will retire
from the bench on the 31st inst, the
Judges Of the General Term have been
holding councils over the decisions for
the October term. Yesterday morninga
decision in the Kemmler case, with long
opinion by Judge Dwight was handed
down.
1t will be remembered that II. Kemm-
Ter is the murderer condemned to death
under the new law providing for the ey-
ecution Of murderers by electricity.
Following is an abstract Of Judge
Dwight's opinion:
A writ of habeas corpus was sued out al
leging that Kemmler was sentenced to un-
dergo a cruel and unusual punishment, con-
trary to the Constitution OF the State OF New
York and of the United States. An offer was
made to prove that tho punishment as pre-
scribed by the statute was cruel and unusual.
A referee was appointed to take and report
such proofs as should be offered by either
party on the question proposed. The court
below dismissed the writ and rcmanded tho
nrfa IN ha tnhy NJ ha MI
wordon ~ the Stoto,s ,rIso, Anonnn,l from
that order brings the case to this court
and presents n question yery novel in its
character. and I'm the manner of its preseuta-
tlon, The attempt to enforce the provision
of the Constitution against cruel
and unusual punishments, Is based upon
evidence. and intended to show the char
acter of the penalty prescribed
thereby The constitutional provision here
invoked origin ated in the well known Bill OF
Rights of England That celebrated enact-
,nent wac the n .fruita of the prcot rcyolu.
tlon of 1859
.,.
JuuBe DWlSht tnen gives al iiIeresN
ing review of the way in which the
clause originated, and continues:
IL seems very ciear tnat no provision OF
tine Engilsh Bill OF hghts was ihtehued 10
operate as II restriction upon the power ot
the helegisiatVe Drahch Oh tne Ensiish 1oVerh.
meht' inc act was cii'ehy pro'es'
against the acts OF tyranny anu oppres-
SION on tne p"tt Oh the crown. IN rcehru 10
tne similar provision OF the constitution oI
the united states IL 49, III the hrst placc, 10
DC observed that lt mas no application TO any
uepar'iheht oi the uoNerhlhuh' VI ,hc 1tn'es'
ernment. There is even some doubt if it is
intended as a restriction upon the power Of
the legislative branch OF the English GOV.
erminon' 1. , Inc ucs was un,uny ,Sin,' pnotoSs
on tbe mart of the crown.
With regard to the provision on the Com
stituton of this State the case Is different. It
must have been intended as IRE res.rlc.lon ,
h Spuht VII That IL the Ieaisiature of this state
should undertake to prescribe for any of.
fense against its laws the punishment OF
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