New-York tribune., 1890-04-30
KEMMLER GETS A STAY,
NEW PHASE OF A REMARKABLE CRIAn.
NAL CASE.

STATES JUDGE WALLACE GRANTS 4
WRIT OF HABEAs CORPUS.
fBY TELEGRAPH THE TBBUSE.1
Auburn, n. Y, April 29.-Kemmler will net
he destroyed tomorrow nor until Judge Wallace,
of the United States District Court, has had .
chance to say whether electricity is forbidden
BY the United States Constitution as an agent
of death. This morning after all the prepara-
| tiOns had been made to execute him at sunrise
Tomorrow Roger W. Sherman. lawyer, Of No.
140 Nassau-st. New-York City, came to town
with piece of paper signed by Judge Wallace.
Mr.. Sherman took the piece of paper to Warden
Durston. Mr.. Durston hunted up District-At-
torney Quimby and showed it to him. Mr..
Quimby read it. uttered low whistle. and re.
marked:
Then guess I'll take the 3 o'clock train for
Buffalo"
There is something funny about this business.
Kemmler is poor wretch. without dollar or .
friend earth. He hardly had money enough
when he was arrested to pay for his defence 10
was only when he convicted and sentenced
to be killed by electricity that he began to
have powerful friends. Then he suddenly found
that he had no need whatever to consider any
question relating to his escape; that all such con-
sderatlons were in the self-imposed keeping
of powerful lawyers. who begged him to let them
appear as his counsel. Bour.le Cochran went
before the Court of Appeals and argued Kemmers
case. claiming that electricity came within tho
constitutional prohibition Of cruel and unusual
punishmcnts and when asked for whom he ap-
peared Mr. Cochran with delicate candor re-
piled: For philanthropy and justice" But
philanthropy and justice did not pay his fees
nor did Kemmler. Then who did? Philanthropy
and justice are not paying Roger W. Shermans
fees Neither is Kemmler Then who is?
Kcmmler had no idea that he was going to
escape death Tomorrow. The dynamo by which
the current was TO be generated for Kemmhrs
destruction was Of the Westinghouse pattern.
Some months ago, George Westinghouse ir. made
the public statement over his signature that this
current perfectly harmless. that it could
run through human being without producing any
injurious effect Now if it had gone through
kemmer and had carried off his life with it, Mr..
Westinghouse would have been in a position
OF some embarrassment When asked to-day who
had retained him as Kemmler's counsel Mr. Shpr
man replied that his appearance was
voluntary This was what he said
10 the troublesome reporters. but it was not
what he told Judge Dwight, of Auburn. Judge
Dwight is a member Of the State Supreme Court
Mr. Sherman desired to procure some signatures
from Kemmlcr Warden Durston would not allow
Kemmler to be without an order from u
Supreme Court Judge: so Mr.. Sherman. fortifyins
himself with afiidavits declaring that he was
Kemmler's counsel, that Judge Wallace had
granted, upon his application writ Of habeas
corpus with the effect of staying this execution,
| and that he needed to secure from kcmmler sOms
petitions and atfdayits TO be used in the hearing
before Judge Wallace, received from Judge Dwight
the necessary authority 10 see the condemned man
He had already taken the precaution TO draw
up the papers to which he wanted kemmlers
autograph. They were petition praying the
United States Court to interfere to save him from
being put to death by method which was
barbarous, inhuman, cruel and unusual, and an
authorization for Mr.. Sherman to act as his
counsel Why Mr.. Sherman wanted an authority
which he claimed already TO have,
and which he was actually exercising with
great effect, is mystery; but he obtained the
signatures lie went to Warden Durston with
Judge Dwight's order. \ notary public. David
! b. McNell, who acts also as the prison store
/ keeper. was called in, and TO HIM were conhaeo
} the papers.
} Then Mcneil and the Warden went down to
see the man for whom all this was being done.
bnt who was himself in utter ignorance OF the
fact that he was an object of somebody's unsellsh
solicitude The interview with kemmler Is one
of the most remarkable episodes III thls queer
proceeding 1t was reported TO the press corre-
spondenis by the Warden and is best told IN MS
words
Il went into his cell said the Warden. and
read over the petition to him. ana theh says
Now. yon sign these papers. kemmler, and be
quick about il, cause I'm in a hurry. 30 he
sisncd EN-. and Mcneil swore him to EN- ana
We went away.
If Warden Durston were gifted with 'he faculty
Of humor he might have been amused at the scene
an which he had thus participated commanding
a convict to sign papers of such tremendous
importance, but as 10 ''o
and effect of which lie knew
- much and as little as the Wardens dog or
cour,. had they been n recommendation To once
or = cerfiii,atc in favor of Stick emfaSts porous
plaster or a statement of faith in the Coperncan
system, kcmmcr would have signed win Jus'
thc same docility and intelligence. What wouio
have been done TO him had he refused to sign'
tie Warden omitted to say.
JUDGE Wallacc's order was obtained to-day'
This also is queer. 1t suggests 'he ques"oi
whether Mr.. Sherman knew kemmler wouiu nov
lie executed until Wednesday, and II he dlu'
who told him? Warden Durston might nave
swung the lever at any time after II o'clock last
Sunday night But lie never intended TO DO 10
uD,i to-.orrow morning In the invitations
sent out TO his twenty witnesses he notined
them to I've here not later than 80 ?. M. on
Tuesday. tie hour at which the last incoming
train arrives This and his further preparations
prove that he intended TO act early on "euncs-
obout this act of interference that Is brilliantly
striking Tlcie is also Il grim and CHASTITY 1uai-
i,v of f,r,c obout the whole affair that throws
J,socreeabc lctieoion upon the majesty OF the
low After all this mystery, all this strange
vh;sccr;pc in the prison corridors and hotel lob
bios all this conceaIment OF plan, all these hidden
meetings of electricians and officials, all 'hese
hurried conferences in the Wardens once. ak
...oc, n,nns asidc of questioning repOrlerS, now