Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1890-01-02
VIII Be SHOCKED TO DEATH
Now York Death Penalty Law by
Electricity sustained.
-. ..,mler the Assassin VIA Pay the
Penalty for His Crime.
s.r.f,l and Comprehensive Review
of the Case

.......-rrR. \. y, Dee 30.-Death 10y
h', I'm penalty for murder is law
e.,..+'''ts ..,,,nller the New York City as
.-. .r. viii be executed IN the ,,,, manner
~ibal by the legislature The gen
..~r of the Fifth department tins
s...r. handed down decision ON the
L."f Eemmer. holding the new law to
.'.r.fimdoua Judge Dwight writes
.nirien, in the course OF which he
,.~.t of habeas corpus was sued out
r---r, that kemmler was sentenced 70
80. y -cruel and unusual punishment
1-.. me-, m fine constitution of the state of
Viii and the United States. An
s--.,. made to prove Jhat the punish
.- .. prescribed by the statute was
-.a Ind unusual A referee was APP
.,.sI 10 take and report such proofs as
.,r La offered by either party on the
,. iraposed The order below dis
..f tra writ and remanded the prisoner
.+a. .r-r5iv of the agent ard warden of
.t.ta prison An appeal from that
f... ..,ng. the case into this court and
.rr. 4 oaestion very novel in Its char
-.r...I I'm the manner Of its presenta
g.. THE attempt is to enforce the pro-
s., af fha constitution against cruel
i,Igu9u uunishments, basedupon eyl-
. lrtrudedto show the character Of the
..r.'tr prescribed thereby The constitu-
..I ,rayi,ion here invoked originated
g.. III. y.aH known bill of rights Of En-
I..3 What celebrated enactment was the
AFT f-ltt. 81 the great revolution of 1858. y
f.1y. Dwight then gives an interesting
-.,;a,s If fine way i'm which the clause
.-...r.fpd. and continues: 1t seems very
.l-r tdltuo provision OF the English bill
.frrnts was intended toact as restrlc-
i'm unan the power of the legislative
l-an.r Of rHe English government The
a.fwa- chiefly protest against the acts
.+4rauuy and oppression ON the part OF
the crown. In regard to the similar pro
vision n the constitution OF the United
States. it is i'm the first place to be observ-
aI that it has no application to any de-
urmcut If the government OF the states,
In. IS restriction upon the federal gov
eminent only. There Is even some doubt
n Fl /. Intended as restriction
anaa the power of congress IN
regard to punishment for crime. With
REGARD IN the provision IN the constitution
If tai, state the case Is different. 1t
must have been intended as a restriction
rpar tile legislative authority We have
mo- doubt that if the legislature of this
s.tte should undertake to prescribe for am
other atfenSe against its laws, the punish
rarnt of burning at the stake, breaking at
tbe wheel etc., it would be the duty of the
court, TO pronounce upon such an attempt
the condemnation of the constitution.
The question is now to be answered
whether the legislative act here assailed is
subject 10 the same condemnation Ger
HiHIy ii /, mot So ON its face, for, although
the mode of death describedls conceded to
itmu-uI. there is no common knowledge
on consent that it is cruel.
THE Judge suggests that 1t could only be
presumed that the Legislature had suth-
elcntE Investigated the nature OF punish
meut before passing the law, and reviews
tUeWurE IF the committee which inyestl-
-a-al methods of capital punishment. At
tsrr.rieWug the experiments made upon
animals hyelectricity and accidental deaths
of men through the same fundamentally,
she Judge concludes:
IIue light of the scientific evidence in
this case is sufficient as we think, to re-
move every reasonable doubt that a pass
aga of current of electricity, of a certain
we'll determined intensity, through the
vita. parts of the body under chosen con-
utuu- of contact and resistance, must re-
suit u instant death. If the question
were Of thc advisabiIity in the change of
t0. mode az inAicting death by capital
punishment the discussion might be pro-
aa-rI. five are confined to the question
~ u-ttaHodality, we deem further dis