The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-04-30
HOPE FOR KEMMLER.
Writ Of Habeas Corpus OBJ
tanned for Him.
HIS EXECUTION IS DELAYED.


ment this afternoon that Judge Wallace. OF
the United States Circuit court, had issued
. writ Of habeas corpus in the case OF the
condemned murderer. William Kemmier.
returnable on June Il. was great surprise
here. For many days the townspeopie
have been on the tiptoe OF expectancy
awaiting execution by electricity for the
first time. There have also been in town
innumerable newspaper men,
This afternoon ct the dinner table they
received the first intimation, when Attor-
ney Quimby, of Buffalo, said there would
not be any execution. and he was going
home. The reporters FASTENED to the prison
and after . short time Warden Durston
told them the news. Then there was .
rush of reporters to the telegraph Office
three blocks away.
Attracted by the running men, crowds OF
people poured out Of the houses and stores
and soon there was . long string of men
and children up the street, while out of
doors and windows were people who
shouted to the van of the procession oil
sorts of inquiries, the most frequent of
which was:
.'Say, has he been touched off YETI"
This expression touched Off Is the Aa-
burn way of referring to electric execu-
ton.
The writ was obtained in New York by
ex-Assistant District Attorner Roger NJ.
Sherman. He had never communicated
with Kemmler and just who employed him
cannot be learned. His connection with
the case seems to be like that of w. Bourke
Cochran, who year ago opposed kemm-
ler's execution on the ground Of its being
cruel and unusual and therefore against
the state constitution.
There has been little doubt that Cochran
had some assistance from the electrical
company whose apparatus was chosen for
the execution. the company saying it did
not want its dynamos used for such pur-
pose.
The result of the fight in the state courts
was in favor of the new law, and since the
final decision nothing has been done until
today. Sherman came here today in COM
for several electric light companies. Both
these gentlemen refused to talk.
Warden Durston, who has been bothered
greatly by newspaper men during the last
few weeks, at first refused to believe in the
genuineness of Sherman's papers. Sher-
man thereupon went before Judge Dwight
and made the necessary atidavits. after
which Warden Durston accepted service
and allowed Kemmler to sign the papers
constituting Sherman his attorney.
Kemmler. who is very dull of compre-
hension, paid no attention to what he was
signing and knew nothing Of the impor-
lance OF the papers until nearly o'clock,
when Warden Durston went in and form
ally explained to him what had happened.
Even then the prisoner looked as though
he did not fully understand and the warden
said:
1T means your execution is not coming
off now and that you will have two months
and perhaps longer to live"
'Oh," said Kemmler, just as though the
facts were beginning to dawn upon him.
that makes me feel much easier"
kemmler's face was expressionless and
he sat down without appearing greatly as
tonished. The future Of the case will prob
ably be one of protracted litigation.
When Kemmler is produced ct Canaan
daigua, the arguments will take some time,
and it may be weeks longer before the de-
cision of the court is handed down. II it is
adverse. Sherman may appeal to the
United States supreme court, and this will
result in further delay. Lawyers here de-
clare, however, that the application will
not be successful, as they assert it is clearly
within the limits of the decision of the SUI
preme court in the case where il was
claimed that the eighth provision of the
constitution applied to state laws which
impose certain punishments. In that
case the supreme court decided that the
provision applied to national and not
state legal violations, but should the fed
eral courts decide that the law is unconsti-
tutional, New York state will be confronted
with problem. There will be in prison
number OF condemned murderers who can
not be put to death. The law providing
for the rope ~ q means of execution, IL is
argued by lawyers, has been supplanted by
the electrical law. II the latter is ruled
out, the state will have no law for capital
punishment, and lawyers say new statute
which might be passed providing means of
execution could not affect those sentenced
prior to its passage.
UREA, N. Y, April 29.-The clerk OF the
United States court this evening put an
official seal on Reminders writ and sent il
to Auburn. The petition upon which it
was granted sets forth that the punish
ment imposed by statute is cruel and un-
usual: that il conflicts with the federal
constitution in that the punishment i'm
posed deprives kemmler OF life without
due process OF Law. Not only is the mode
of putting him TO death unlawful, but also
that the judicial function OF fixing the
time of death Is taken from the court and
delegated to an executive officer or to some