Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1890-05-09
To be Argued Again.

WASHINGTON, May 5.-Roger M. Sher-
man today made an application in the
United States supreme court Tor writ OF
habeas corpus for Kemmler, under sen
tence of death in New York, by electricity,
pursuant to the order Of Judge Wallace of
New York, directing that he should make
the application Immediately.
The court denied the opplication for
writ OF habeas corpus, but informed Mr.
| Sherman that on the 18th of May the court
would hear motion for a writ OF error in
the case, notice TO be given the attorney
| general of the state.
This will permit the whole record TO be
brought here and the case argued. The
| court follows the precedent, est, blished in
! the Spies anarchist case. AS the court adj
| lourns FOR the term on May 10Th the decis-
ion denying or granting the writ of error
| will be announced almost immediately
after the argument
BUFFALO, N. Y, May 5.--Another writ
| OF habeas corpus has been issued in the
case OF Kemmer, the murderer. Copies
were this morning served upon District
| Attorney Quinby and others intereCted in
| the case. including Warden Durston, to
| produce Kemmler before County Judge
Underwood at Auburn on Saturday last
| The writ was granted by Judge Corett and
Was obtained by Charles ). Hatch. IL is
issued 10 dispose OF the question as TO
whether the warden or the state prison at
Auburn can legally execute Kemmler. A
| stay OF execution was some time ago asked
| upon the same ground, MIR. Hatch urging
that nobody but the sheriff OF Erie county
could execute his client
AUBURN, N. Y, May 3-Judge Wallace
OF the United States court, has grantedsa
! writ of habeds corpus returnable June IL in
| the case of Kemmler. The ground for the
! writ is that the act under which the execu-
| ton was TO take place is in violation OF the
| constitution. This will cause postpone
| n a "A q
| follows:
The president of the United States. To
Charles +. Durstou, warden and agent OF
Auburn prison:
Greeting-The people OF the United States
whom God defend, do command you that
have the body OF William Kemmler, by you
imprisoned and detained as it is said, to-
| gelher with the time and cause OF such I'M
| prisonment and detention by whatsoever
name the said Kemmleri is called or charged
| before the circuit court Of the United States
| for the northern district of New York to
be held at Candnddigua on the third Tues
| day of June at 10 o'clock in the morning.
| Witness the honorable Melville w. Fuller,
chief justice of the United States. Fail
not at your peril and have you then there
| this writ.
On the back OF the writ is this indorse-
ment:
The within writ is granted this 99th day
of April, 1890
| (Signedl WILLIAM j. WALLACE,
Judge United States circuit court
There is no change in the demeanor OF
| Kemmler. He has not as yet heard OF
Judge Wal.ace's action and expects the ex-
| ecution will come off this week.
He was asked "a few days ago IL he had
any request TO make as to the day of his
death within the week appointed. He re-
| piled that he did not care TO be consulted in
| the matter, and that the warden could suit
| his own convenience. 1t made no differ
ence TO him when the affair took place.
| He did not know but it would be better to
al parties concerned to have IL over with
cary in the week.
The following is q verbatim copy OF
| Kemmlers statement, made last Friday;
/ am redy to die by electricity am
| guilty and must be punished | am ready TO
| die / am glad / am not going to be hung
| think IL is much better 10 die by electricity
than it is by hanging 1t will not give any
pain l am glad Mr. DurstOn is going TO turn
the switch he is firm and strong il a weak
| man did il might be afraid My faith is to
firm for me 10 weaken They say am not
converted don't care what think l know
what I've got [ am happy TO die have
never been so happy in my as l have
| been here.