St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-08-04
The Date of Kemmler's Elec-
trocution Still a Matter
Of Conjecture.
Warden Durston Gives No
Formal Notice and Re-
fuses to Talk.
The Buffalo Murderep's End
Probably to Come Some
Time Thursday.
Possibility Of an Injunction
by the Westinghouse Dy-
namo Company.

AUBURN, n. Y, Aug. s.-No invita-
tions have been issued yet to the per-
sons who are to attend the execution Of
Kemmler, and so there can be no GER
tainty about the details of the execution
except that it will be later than Tuesday.
The law requires that three days notice
shall be given the witnesses. There
are Indications that the invitations will
be issued tomorrow and that the eXecu-
tion will take place Thursday. There
are many stories concerning the posi-
bility of postponement ON account of
the mental condition of the condemned
man or possible injunction to be got
against the warden. Warden Durston
returned from New York city this
morning. On the train with him were
reporters from half dozen of the
New York papers. but he vouched
no information to any of them. He
denied himself to visitors to-day. 1t is
believed that the dynamo is in working
order, and that there is no probability
hardly possibility-that the execution
will not take palce this week. The
chief local interest in the event is taken
by the swarm of reporters who have
come here to pick up what information
is obtainable when it is over. The war
den may admit two persons connected
with the prison. One New York even
ing paper has a platform twenty feet
from the ground on a telegraph pole,
directly across from the prison. A long
distance telephone will connect the
watcher on the pole with the Office. He
can see nothing, though, except
The Bare Walls
of the prison. The Western Union
company will open an office in the
freight building of the New York Cen
tral railroad, directly opposite the
prison, on the morning of the day fixed
for the execution. Mrs. Durston, the
warden's wife, who first turned Kemm-
ler's thoughts in the direction of re-
ligion, left the city this evening for New
York. She has been with the con-
demned man every day almost since he
came to Auburn, and has taken warm
interest in him. So great was her SYM
pathy that she did not think she could
endure the nervous strain incident to
the event of the week and she has gone
away to remain until it is over.
There is curious feeling here
among those who have been
interested In the case from the begin
ming that the execution will not take
place. This feeling is doubtless due
to the fact that there have been so many
delays in the past. The warden un-
doubtedly believes that 1t will occur.
He has made every preparation, and
unless something extraordinary occurs
he will put the sentence into execution.
There is thought to be possibility that
the Westinghouse company will at the
last minute be able to get an injunction
from one of the judges of the supreme
court to prevent the use of the West
inghouse dynamo. The company has
made no move, though, SO far
as is known, and the opinion
of the lawyers is that every
known remedy has been exhausted.
The Rev. DR.. Houghton, who has been
Kemmler's spiritual advisor ever since
he embraced religion, did not visit him
to-day. Other duties occupied his at
tention. Kemmler spent the day
quietly, finding his chief amusement in
listening to the performance OF his fel-
low criminal, Fish. the condemned
murderer, who occupies the cell next to
him. Fish is an expert banjo player,
and he is allowed to keep the instru-
ment in his cell and to play on it at his
will. Kemmler seemed to have good
appetite and ate three full meals. He
appears to be in good spirits.
A Delicate Point
of law, yet one which seems, even to
the lay mind, as plain as pikestaff, has
to-day been suggested here by gentle
man deep in legal lore. Here is the
point raised: That the week beginning
Aug. ends with Sunday. The warden
has arbitrary power to defer the execu-
tion until Sunday, Aug. 10. On Sunday
it is held that the general law would in
tervene to prevent the killing on that
day, that, upon the ground that an exc
cution of legal process upon Sunday is
not legal. Directly at this point the
case is touched by that general princi-
pie of law that if the sentence under
which Kemmler is expected to be killed
is void in part. it must
he wholly void. Brought to close ap-
plication, the premises warrant the as
sumption that, if it is illegal to kill
Kemmler on the seventh day of the
week designated, then it would be ille-
gal to kill him on any other day of the
week designated.
The Situation
it is held, would be different if Sunday
interviewed as part Of seven days, be-
cause it would then run with the week
and be part of the seven days cOnSti-
tuting the week. AS the case stands
the week in which the sentence is to be
executed will not be legally complete,
because the week ends with day void
in law. Unless there is some general
law which may bridge this point
which is raised, the entire sentence,
it is thought, will be null and void.
There are those who profess to believe
the killing may be done early in the
morning, but it is difficult to give Gre
dence to this. with out believing also
that undignified haste would be
employed, for the machine and appa-
ratus for killing Kemmler has Only been
unlocked the past week from their. pack
ing after the last postponment of the
killing. Of KeDmler's condition little
if anything is known. Without specu-
lation, it may be said that as good infor-
nation as is furnished is to the effect
that he is not lunatic, nor groaning,
and flabby wretch, consumed with
horror.
Not To-Day.
It is now pretty certain that the exc
x,;1l not foHo nloao on tho Fl rot