Telegram-herald., 1890-05-01
The SHOCK DELAYED
Ksnnlsr Not 70 Das ey Electricity
Just Yet
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asE Thsg ths C0astitatisD-iiss 81 the
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ne 1ostoG-
KEnMLEH MUCK


AUBukS, \. Y. April Sc -Jadge VA
lace. oi TIE United states Court las
granted > writ Of habeAs corpus return
able June ~ IN The o4se OF ksmmler
The ground for the writ is that the act
under Nhicn the execution wAs u take
place IS IN violation Of the constitute
Warden DarstOR. n person, carried
tks news OF tie repFieye - kemmier.
The nan, Who had been very nervous
az d2y. particularly since his farewell
talk With Mrs Dursten. Was, for mo-
msnt halt aszeo with the news he
looked from Mr. Durston 10 Daniel
NeNsugh ton, his keeper and SAID;
Well, Is that &C? ls that s..
Daniels" heNsughton vac himself
much moved AEd for moment could
hardly find voice 10 speak. Kemm-
Ter had not been given the slightest
hope. He lad slre2Gy been told io be
prepared fer death within tweniy-four
hours. and had been striving maufally
al the morning 10 brace himself ior me
ordeal
His regular routine y life In the cell
will now be renew ed and he VIII have
10 20 Through another interval of sus-
pense which ~ tAe end may DE more of
torture 70 him than 10 would 20 have
gone through the ordeal nov when be
had abandoned ali hope and lad pre-
pared his best 70 meet H. The feeling
OF relief Was scarcely less 10 Warden
Durston than il was 10 Kemmler him
self
Urea. " Y. April so The docu-
ments in the Ke mler habeas corpus
proceedings were received by Clerk Doc
little. OF the United States Circuit Court
al 1880 Tuesday evening. The petition
upon which the writ was granted, after
detailing the facts OF Kemmler's conyic-
tion and sentence saws:
The only authority OF lsW for said sentences
is q statute oi the STATE o. New York, chapter
4s9 OF tue laws of 1855 entitled An aot 70
amend sections zqi. az 50S Boz so. 10 5J3. y0.
b09 of the code Of criminal procedure IN relStioI
20 the inficiioh Of the death penalty and 10 pro
vide means Ter II. inrictlon OF such penalty
said statute IS 10 conflict with the consti-
tuition Of the United States IN that the punish
Inent imposed thereby Is cruel and unusual
and in that thereby the said State soridges the
immunities Of him. the said william Kemniler,
20 BE- exempt from cruel and unusual punish
ment for crime.
said statute yoreover is IN conflict with IN,
! constitution OF the United States IN that ID,
punishment imposed thereby ceprives him
said william kennler Of his life With
out due process o. law nos only IL
| this that the said mode OF putting bin
30 death is unlswful but also IN tkii
that the judicial function OF nring the time o.
/ bis death IS thereby taken from the court and
{
certain Substitute upon some underlined aHc
| sccountsbis cause"
NEw YoRK, April S0-Judge Wallace
beas corpus writ be upheld the views oi
the counsel making the application; that
inasmucb - the case was one OF lifs and
death the questions involved should be
passed upon by the highest tribunal in
the land. The question as TO the va
lidity OF the delegation OF power 20 .
sheriff to Ak the time and circumstance
of the death Of q condemned man, wa'
serious one The Judge inunstec
that che restriction OF the liberty Of ia,
press was also a question 70 be con
eidered. but be die not say POSITIVELY
that this was one OF the reasons 70
granting the writ The question OF th,
bTuelty or unusual nature OF the punish
Ment would be considered by the Su
preme Court
The future Of the case will be one oi
long prouscted litigation. Whor
Kornmler Is prod Dced al Csnandsifus on
June Is the nrst argument will be had
That may last for several days. and j.
may be weeks before the decisiep OF The
court will be handed down. II IL il
against his lawyer be may take the case
on appeal 70 the United States Supreme
Court at Wshingt ton. There are many
cases before that bench. and il MAJ
take months on years 10 get The ques
ton fully before that court When The
hnsl decision Is delivered Ken nler n "a
be grsy-kssdsd
There are three men IN Sing SipF
prison under sentence now, and writ
may DO taken out In their cases also
TT Is The Executions Will be stai6. and
ss the statutes do not provide for hang
ing or any other death method. ont
serious outcome Of this matter will b
that until the Kemmler case IL decidec
there will be no capital punish ment In
fictsi in New York state
BUTrILo. y. Y. April 20 o-Ksmm
ler's attorney, Charles 5 Hatch. says b.
fnev that The move Tor . writ a hsbss
corpus wss 70 be made hot be did no
ask for the writ and does not know who
did Kenmlsr car not escape hsnFlEs
n the electric Law is declared Unconsti
'VroDsL