New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-05-06

Washington. May 5.-Kcmmer, the New-York muir.
derer under of death by means Of electricity
Will have an opportunity on May 10 TO show the
United states supreme Court that the method which
the New York Legislature provided for his execution
| Is without that due process OF law contemplated by
the FEDERAL Constitution. and therefore void. Roger
NJ sherman. Of New York City, his counsel. applied
| to the court to-day for original writ OF habcas
| corpus. pursuant TO the directions made by Judge
Wallace of the United states Circuit Court for the
! Northern District Of New York. when he granted
Kenmler writ to act a stay Of proceedings but
| the court denied the application
ON The suggestion Of Justice Blatchtord, who had
been applied 10 personally for writ OF error, the
court. however informed Mr. sherman that he might
make an application for writ of error 10 bring the
cas-" here for review and that they would hear arg1
mcnt on this application az the next session OF the
court. May 10, IN the OF the Anarchist
spies and his fellow conspratOrs. As the court ad-
louns on that day until next October tine decision
on the applioat will under the circumstances have
| to be announced from the bench almost Immediately
after the hearing. Should the application be denied.
Judge Wallace will. Of course, when his writ becomes
rturnabe on the third Monday in June next. vacatc
that writ and proceedings looking to the re sentence
and execution of kemmlcr will then be in order The
granting Of tho application would have the effect OF
| prolonGing kcmmlerS lease on life at least year.
Kemmler'> counsel would have the right to bring in
writ Of error to review the whole case and argument
| would have to proceed on some day to be hXcd by
the court. The effect Of this would be to delay final
determination at least until next December
Before the court met this morning Mr.. sherman went
before Justice Blachford who is the supreme Court
Justice presiding the New York circuit and made
an application for writ OF in Reminders behalf
/ The Justice Informed him that he would not grant the
| apple alton but that a motion for writ might DO
made before the ful court This the course taken
by Justice Harlan in the OF spies and the other
/ condemned Anarchists. Alter the announcement Of
| opinions and other preliminary business. Mr.
sherman arose In open court and made motion Tor an
original writ Of habeas corpus. lie proceeded 10 read
this motion, but interrupted 10y nterrogations from
several Justices based the fact that the supreme
| Court was Of appellate and not, as rule. OF
original jurisdictions
Mr.. sherman said it his purpose to show that
there vas exceptional emergency in the present
and that he understood the have ruled In
Il previous ca-e that it might under unusual circunl-
stances grant original writ- as proposed
Justice Brcwer-You there special circum-
stance, which make emergency. Has not this man
been under sentence Of death than year.
Mr.. sherman said this dilltory motion to Sc
cure % STAY Of proceedings, lie then read his motion
FOR original writ Of habcas corpus. 1t was as fol
low,
The petitioner /, under sentence Of death in the
na,sirg through hi, BODY Of A current OF electricity
.unrirnt In The opinion Of the warden II the state
pri",n 10 cansc hi, death which current i, to he con
i,ncS rDtI II xiii. him. the statute also leaves 1t to
t,o warden 10 X the day and hour OF ms death, ana
yloi,ii.n Of tic Fourteenth Amendment. These feat
t,r.. arlcc al. privilege. aud immuD!tcs ~ citizen
II the tinted states and deprive him OF Ms HE Will
''. e. wallace u,, granted A writ in tho cmercency
to ord an opportunity to make TINS apple atlpn no
ease having been passed upon under the ,tlir .,l ,
titt1n d, the Cont Of Appeals. it IS suggested that
Am original writ here IS proper.
The petition. an artayt showing the c2erscnGy;
~. f4,fA
The state statute are herewith submitted.
Nj sherman then made brie. arguT'n; IN favor
Of granting the writ II was c'niended' u" N'I',
that the infection 81 dca'h b. electricity was cl"'i
and unusual pui-t and that the lmit'd prNi"1'
,r Immunity under the Eighth Amendment was by arc
r,urtoooih Amendment extended and protected from
.rcr,ocbment, rs the state lie further maintained
that even Il tho Eighth Amendment did not exist the
writ .hould sim be- granted uader the fourteenth
Amendment on the ground thar it drprFcd thr PR,
...r nf MI. M, without due process OF Ia" DIV IN
ri,tiny cruel and unusual pun >hmrht . j.,
Justice Fcld-f Il be instantaneous ]" ''""o' -
Nr ,hcrmanhat an a.u@2ion Of Of ,2c' T iG
he h,e, scientific MINNIE: there i, not only d.nger'
hrt probability u prolonged torture. tle mos TIKI
mi c,rr devised b. man and that death VIII not be
,,io tccniSe NOT Instantaneous. Mr. sherman
sad that bee had eudeeyored u acN't' q 49, -,
',u| 'd % IT, r1tI-,ab, The ,c,uud Monday fl ne@t
october which certainly would not pc 20 eNP,..'aiiT
a. II writ Il hsbea. corpu, wcle granted teiH"na1e
,nl- a mean, = putting OF The rN''i'lon ,e.' ~.
more. and he should - Stiu ~ 'Nid' ,,itb his ar
-iinont a, To cruel and unusual punishment. E',"
,hnurh electricity might Hf't an ln
siant death, he ''ht,Ip" Unconstitutional
Hlu>nh,' . anu r,,ro1y ,,n.i,tcni with the law that
,no Wrrtcn might have qualh' cations wha,''' '
hi, duty Il Vas cntlNN WIN" on roi,. vii nn
Nuoh ma =, boci, vim that current. Tn con.
-UW'leht anu l." u, tt -oo otis would inr.f the
current "p,il"n 80 a.. i'm ,,,itily NJ man ,N er Ge
IN" ~ H. ,gnuId SOCK nr; the nerves and vital
N''"' ~ o. ~, uould fuall, be given up ~ ID"