New-York tribune., 1890-05-01
WHO is KEMMLER'S FRIEND?
THE MYSTERY OF THE STAY NOT YET
SOLVED.
MR. SHERMAN SAYS He ACTED IN THE INTEkisI ;
OF HUMANITY-MR. WESTINGHOUSE DE
MES HAVING RETAINED HIM

OF UCMANlIH-Mk. NESIlNOh
MES rAvIYG RETAINED HIM
The writ Of Labeas corpus granted by Judge
Wallace in the Kcmmier case ana us possin'e
consequences together with the identity of the
clients Of ROGER NJ Sherman. who took out 'he
writ were tie subjects which occupied the atten-
zion % many LAWYERS in this city yesterday. 1t
was impossible. however. to obtain positive
s,otomcnt as 70 who had retained Mr. Sherman
Mr. sherman himself asserted that he had acted
in tho interests of humanity. MT. sherman law
mariner said: The fact that week is allowed
{, which the execution may take place. opens the
wav 10 all kinds of bribery. cases NAV come
nm in which the pospOnement OF the punishment
for q sinole day will have great and far-reach-
inc consequences in matters Of Inheritance 1or
instance. The requirement also that the eNecu-
,ion shall take place in secret is cruel AS TO
Mr. Sherman's clients. | can say nothing lhat
is a matter which concerns him ana then' iV
is now possible. however. that all the testimony
which w. Bourke Cochran tried TO BRING peioe
The Court of Appeals can be heard before the
Supreme Court
n seemed to be the general belief that the stay
in Kemmler's case had been brought about by the
Westinghouse Company which made so many
efforts TO prevent the proposed use OF thelr
dvnamos in the killing of criminals lhis'
however they denied. George Westinghouse Ji'
also denied that the company had retained MI
Sherman The Westinghouse Company hau OPP
posed the use of their dynamoS for executions 1T
first, but they had gwen up that opposition some
time ago. and it was now matter OF 'otal III
difference to them. Such use could not lnJure
the popularity of the alternating system
Paul ID. Crayath. the counsel of the company,
directed the mOOr0rS
for further information maintained the same
things. lie said that the mehbcr of his iirm
who was in Auburn on Tuesday was there upon
other business entirely. 1t would have been an
easy matter for the Westinghouse people to get
out an Injunction on the ground that their patent
had been infringed upon. This, however, they
had not done.
When w Bourkc Cochran was told yesterday
afternoon that it was said that he had retained
Mr. Sherman, he looked somewhat surprised and
answered: Il cannot speak upon that aspect oil
the case Despite the fact, however. that C. >.
Hatch has been the nominal attorney of hemmler
for some time. Mr. Cochran did not desist, during
that interval, from working in behalf OF
Kemmler. On April >, Mr.. Cochran sent the
following letter to c. 5. Hatch, in Buffalo:
see by the newspapers that our client has been
brought before the Cori of oyer and 1erminer and
aae hxed for the execution of the sentence which mas
heretofore been pronounced upon nm ana "hlch inc
Court Of Appeals has held to be consistent & m. 'v n
Which the new law providing for the inhicton of he
capital punishment can Ge Glleiuoneu. tt, uy bo
lust been closed by the argument OF the other Hues-
lion Int now that The court has disposed OF the
greater subject think our client Is entitled to the
benefit Of any point that can be raised IN ms bcha'
In my opinion the new Ia" providing ior 'he liiniv
tion OF capital punishment, is clearly uuc0nsu-
tutOnal because ii seems 10 take from the
Sheriff his common law power 10 lnhlct capital
stale Prison. who is not the constitutional oliccr
1t Is a welscttcd rule that when me CONSTITUTION
popular suffrage, the power which ihat oihcer eAGL
ciscd when his Office was made elective can & not De
transferred TO another Officer. Warner W. People
In a recent case decided by the General Term in
the Third Department, it held that Chapter - Oi
the Laws of 1o52, which provided that the ALBANY
County Penitentary should thereafter be the county
ia that the superintendent Of the penltendIy should
be the ailor, and that persons awaiting Ildl on cse
criminal offences should be kept in his custody IN
so far as the deprived the shern OF the custody
Of the prisoner and gave such control TO the sueIli
tenden Of the pementiay It. DEPRIVED tne 5mern IN ia
Office. section l of Article 10 OF the Constitution, re
curing shsns to be chosen BY the MNa
Keeler.
If the lesser power of holding bodies Of persons
charged with crime must not be taken from the >henH
and conferred ANY other officer, which seems
to be clear then the greater power in taking life
itself be wrestcd from the officer chosen by
the people and vested IN any other person Whatsoever
This is tie question which concerns the body ol the
suggest, therefore. that new writ be sued out ana
that, if possible. You agree with the Dl.trctAuWhc'
to take Judgment, pro forma in the inferior tribunal
anG submit the matter al once to the Court OF Appeals
Mr. Hatch tried to carry out Mr.. CockranS in
structions, but Judge Blatchford refused 10 give
the writ on those grounds. Mr. Cochran then
wrote to Governor Hill asking 1Or d stay Of pro-
ccedings for the same reasons. On April - the
Governor sent Mr.. Cochran letter saying that
he did not consider the reasons sullcient u
II strange cDilClfPucp.
said a weli-lntorHed man yesterday, 1Iat Mr.
Sherman began to interest himself IN ms case
either on April 25 or April 26. Mr: cochran
also said Yesterday that lac now intended 10 ap-
peal from Judge Blatchloris refusal 10 grant
writ on the grounds mentioned III his letter 10
Hatch, and that the state courts might reverse
the Judge decision
Judgc Wallace said yesterday that lie had
granted the writ because il was a ease of great
emergency 81" declined at first 10 grant il, AMI
told Mr. Sherman tha; he must make Application
10 tie United States Supreme Court. lie
showed me- however, that kelnmlcr might DE
killed before Application could De
made. If judge refuses TO 4raht ran.
writ of habeas corpus when there IS the slI2nlr5t
possible reason for dong, be makes himself
liable TO criminal prosecution. therefore con
sented, on condition That Mr.. sherman wouId
make application soon as possible to the Supeh 80
Court at Washington. 10 support the writ OiAcf-
wise | said | would cancel il. ! can't say what
action the supreme Court Will take. II may grant
it, or il may decline 10 grant II. In the after
case the execution will probably take place.
The case may De tried in the Circuit Courts or it
NAV be tried AZ once by the Supreme Court.
4 number Of wc-knOwn lawyers gave 1T as
their opinion yesterday that in case execution
BY electricity should not be- allowed, there was no
punishment provided for taking human life, aGd
that murderers would 30 free. This would also be
true of all murdcrcrs found guilty since January ].
United States Commissioner Shields. in speak
tng of the matter. $ - Under the circumstances
Judge Wallace could not refuse 10 grant the writ.
IT was a matter Of life death. and Kcmmlcr
was entitled to the writ if there was even Slight
ground for the application