The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1890-05-01
kENNLER STILL LIVES.
His Sentence OF ElectrOcutiOn
Will Not BE Carried Out
at Present.
Writ Of Habeas Corpus Granted
by Judge Wallace, Of the
Federal Court.
The Case to Be Considered June II
at Canandagua-Suspenss Tells
on the Prisoner.

AUBURN, N. Y, April 30.-Judge Wal
lace, of the United States circuit court,
has granted writ of habeas corpus, re-
turnable June II, in the case of Kemm'
Ter. The ground for the writ is that the
act under which the execution was to
take place is in violation of the constitu-
ton.
REASONS FOR GRANTING THE WRIT.
NEW YORK, April 30.-Judge Wallace
says that in granting the KemmleI
habeas corpus writ he upheld the views
of the counsel making the application
that inasmuch as the case was one Of
life and death the questions involved
should be passed upon by the highest
tribunal in the land. The question as to
the validity of the delegation of power
to a sheriff to fix the time and circum-
stances of the death of a condemned
man was serious one. The judge in
timated that the restriction of the liber-
ty of the press was also question to be
considered, but he did not say positively
that this was one of the reasons for
granting the writ. The question of
cruelty or unusual nature of the punish
ment would be considered by the SUI
preme court. There were other ques-
tons involved, but the judge did not
care to extend the interview. which was
granted at very late hour.
kEMMLER Is DAZED.
The Unfortunate Man Hardly Realizes
His Narrow Escapc---The Order Issued
by the President.
AUBURN, N. Y, April 30.-Warden
Durston, in person carried the news OF
the reprieve to Kemmler. The little
man, who has been very nervous all day,
particularly since his farewell talk with
Mrs. Durston, was for a moment half
dazed with the news. After Kemmle1
had half gasped out several times
as that So" he walked several times
about his cell and seemed unable te
collect himself. His regular routine Of
life in the cell will now be renewed, and
he will have to go through another inter.
val of suspense, which in the end may
be more of torture to him than it would
to have gone through the ordeal now
when he had abandoned all hope and
had prepared his best to meet it. The
feeling of relief was scarcely less to
Warden Durston than it was to Kemm.
. Ter himself, and the same may be said OF
the faithful McNaughton, who during
tho past few days has been greatly
wrought up. The following is the writ
. of habeas corpus in the Kemmler case:
The Reprieve.
The president of the United States to
Charles T. Durston, warden and agent
of Auburn prison, greeting:
The people of the United States,
whom God defend, do command you
that you have the body of William
Kemmler, by you imprisoned and de-
tanned, as it Is said, together with the
time and cause of such imprisonment
and detention by whatsoever name the
said William Kemmler is called or
charged, before the circuit court of the
United States for the Northern district
of New York, to be held at Canandaigua
on the third Tuesday of june at 10
O'Clock in the morning.
Witness the Hon. Melville w. Fuller,
chief justice of the United States.
- Fail not at your peril and have you
there this writ.