The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-05-08
The Famous Kemmler Case,

The only explanation of the extraordi-
nary efforts that are being made to save
the life of Kemmler, the New York muir
derer, WHO has been sentenced to die by the
new method adopted in that state for exc
cutting murderers, is that there are lawyers
who wish to get their names before the pub
lie by having them connected with his case.
He does not appear TO have any relatives
who are spending money in his behalf, and
there is no doubt about his guilt. All the
state courts have affirmed the verdict in his
case, and the highest court
has declared that the inflicting of
the death penalty by means of
electricity Is constitutional. He would have
been executed last week if lawyer of some
prominence had not got from a United
States circuit judge a writ of habeas corpus
on the ground that the method prescribed
for executing him was cruel aud unusual,
and therefore in violation of the constitu-
ton of the United States. This lawyer had
never before been connected with his case,
and his services were not sought by Kenm-
Ter or his relatives. Why he injected him
self into the case is unknown, unless it was
for the reason already stated. He was not
satisfied with the writ he obtained from
the United States circuit judge. He went
before the United States supreme court a
few days ago and asked for similar writ
The court declined to issue it, but an
nounced its willingness to hear a motion for
a writ by May 49,
If the latter writ should be granted the
execution of Kemmler would be delayed
indefoitely, and might not take place at
all. The probability is, however. that the
motion will be denied. 1t seems to be
pretty we'll settled that the clause in the
federal constitution upon which reliance is
placed to save Reminders life does not
cover executions under state laws.
In the meantime another lawyer has OBJ
tanned for kemmler a writ of habeas cor
pus from a state court at Buffalo on the
ground that the law authorizing executions
by electricity violates the state constitution,
because it transfers the duty of executing
murderers from the sheriff of the county in
which the murder was committed to the
warden Of the prison in which the muir
derer is confined. 1t is thought that there
is not much force in this. and that the writ
will be dismissed as will also be the writ
issued by the United States circuit court.
The effect of these delays in executing
the sentence of the court is to create feel
ing against capital punishment 1t is
argued that if it is so difficult to infiict the
death penalty why not abolish that penalty.
Acting in harmony with what it thought
was the public sentiment with respect to
this matter, the lower branch of the New
York legislature the other day voted to
abolish capital punishment, and the affirma-
tive vote was surprisingly large one.
There is no doubt, however, that if capital
punishment should be abolished in New
York murder would become in that state a
much more common crime. Indeed, it
would become more common in any state
that abolished the death penalty. That is
the opinion Of the majority of the most
observant lawyers throughout the country,
and there is no good reason for thinking
that the opinion is not a correct one.