Evening journal., 1890-04-30

< T1s ( afternoon a grour
Of anxious report
khMNlhk, ers were standing
in the corridor Of the prison. The warden
fitted in and ont, but would say nothing
He did not even reply to their questions
aud finally disappeared through one Of the
big doors in the rear Presently he reap
penred and said
"Judge Wallace has granted a writ Of
habeas corpus in the kemmler case and
kemmler viii 90 before him on June IL
a Rush for the Telegraph onccs.
Instantly there was wild rush and
scramble down the flight Of iron steps
leading 70 the front court yard. The one
armed gateman was surrounded and he
lesurely turned the great key in the lock
and let the crowd out Then there was a
great rush down the street to spread the
news. At first il was rumored that kemm-
Ter had been executed Ii was about noon
Tuesday that Warden Durston first heard
Of a reprieve. Lawyer sherman assured
the warden that he was working with no
ulterior motive and moved by no outside
influence beyond desire TO be Of use to an
4
/ kemmler's counsel
The writ was dated Monday. Warden
| Durston refused 70 recognize sherman as
Kemmler's lawyer until Judge Dwight, Of
this place, executed a legal document guar.
anteeing in substance that as kemmler's
legal friend Sherman was sound and all
right. The writ OF habeas corpus ordering
him to produce kemmler's body before
Judge Wallace at Canandaigua the third
| Tuesday in June, at 10 O'Clock Ia the fore
noon, and inferentially not TO interfere with
said body, electrically or otherwise mean
while, wus handed 10 Durston and made
public in the afternoon
AT the time the repreve was received ai
the prison Rev. Dr. Houghtuu and Chap
lain Yates were in kemmlur's cell prayni
with him ma Offering what religious con
ISOLATION they could, and IL was though
best BY the warden not u disturb them un
til they had finished.
Kcmmlcr Hears the News.
AS soon rs the news reached the street
everybody was anxious to know how Kemm
Ter had taken the rews He did not hear II
for almost two hours. His religious adj
visers were with him, and Warden DurstOr
did not propose TO disturb them, yet he dit
propose to carry the news himself He saic
he was sure that kemmler would be cool
and not think much about Il one way ol
the other. But the warden has big hear
and loves TO gladden. other hearts, whether
in the bodies of murderers or elsewhere
Warden Durston in person carried the new
of the reprieve TO Kemmler The littl
man, who has been very nervous all day
particularly since his farewell talk witt
Mrs. Durston, was for IA moment half dazed
He looked from Mr. Durston 70 Daniel Nc
Naughton, his keeper, and said; "Well, i
that sog is that sog''
lie Was Hopeless.
Daniel McNaughton was himself mucl
moved, and for a moment could hardly fin
voice to speak. The slightest hope had no
been given 20 kemmler. He had alread
been told 70 be prepared for death within
twenty-four hours, and had been strivin
manfully all the morning to brace himsel
for the ordeal, Warded Durston said /
him ON entering the cell. 4'Well, William
/ havr good news for You. You have bee
granted a reprieve. The judge has pos
poned the execution until Junen Afte
kemmler had half gasped out several time
the words, rs that so, he walked sewers
times around his cell and seemed unable I
collect himself. His regular routine Of III
in the cell will now be renewed, and lie vii
have to 20 through another interval Of sui
pense which, in the end, may be more Of
torture than il would be to have gon
through the ordeal now when he had abar
dgned all hope and had prepared his bes
70 meet IT,
The feeling OF reIisf was scarcely less Z
Warden Durston than 1t was to Kemmle
himself, and the same may be said Of IN
faithful McNauRhton who during the pas
] few days has been greatly wrought up.
The Text OF the Writ.
+ The following is the writ OF habeas corpu
/; Ia the Kemmler case:
"The President of the United States t
Charles F. Durston, Warden and Agen
: Of Auburn Prison, Greeting;
t "The people Of the United States whor
= God defend, do command you that yo
] have the body Of William Kemmler, b
3 you imprisoned and detained, as it is saiC
! together with the time and cause of sue
Imprisonment and detention, by whatsoeve
name the said William Kemmler is called
or charged, before the the circuit court {
the-United States for the Northern distric
! Of New York to be held at Canandaigu
on the third Tuesday of June, at 10 o'cloc
in the morning
, Witness the Hon. Melville w. Fuller
chief justice of the United States. Fat
not at your peril, and have you then, ther,
! this writ p
On the back Of the writ is the followin
Endorsement;
THE within writ is granted this 10Th da
Of April
William ]. Wallace, Judge, Unite
States circuit court"
How the Writ Was Obtained.
The writ was given on the application
ex-United States District Attorney Rog,
NJ. Sherman, of this city. Mr.. Sherma
saw the judge in his private rooms LAT
Monday afternoon and obtained from hin
the papers which did not become wri
until signed by Clerk Doolittle, OF tn
Northern district circuit court at Utica.
Judge Wallace, sitting in New York
which is in the Southern district, had n
power 10 make the stay until it had passe'
tkgoUsh tie hands Of the Northern diserle
clerk, in which Kemmler was. Conse
c-iently Mr.. Sherman, whose connection
! nilh the case does not seem plain hastene'