The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-06-12
kEMNILER'.S DOOM.
The Writ of IfnbeRs Corpus Vacated and
Dismisaed by Jmdne Wallace.

The Writ OF NnbaRs Corpus Vacated and
Dismissed by judge Wallace.
SYRACUSE. June l1.-Judgs Wallace. on mo-
ton OF Acknowledgement Tabor. has vacated
and dismissed the writ OF habeas corpus In
William Kemmlers case. The Attorney Gem
eral appeared for the agent and Warden OF
Auburn prison. The Judge lecites the facts
OF tho issuing OF the writ. and says:
Now since the Supreme Court Of tho United
States has decided that the sentence under
which Kemmer is held is due process Of law, and
that he is not held and detained contrary to the
Constitution Of the United States. the writ is
recalled and dismissed and Kemmler remand
ed to Agent and Warden Durston's custody, in
order that the Judgment of the Court OF Oyer
and Terminer may be duly executed"
The following is the Judges memorandum:
This writ has served the Office for which it was
allowed, and there is why it should longer
remain in force 1t was allowed because there seemed
10 be question whether the sentence under which
hemmor was about TO be put to death did NOT offend
the Fourteenth Amendment OF the Constitution This
was question which could only be finally decided
thoritatively by the Supreme Court OF tho United
States If 1t had seemed to be question frivolous
not to be worthy of serious discussion would
not have been allowed but unless 1t thus
1t not for Judge OF this refuse 1t under
the particular circumstances even TO tho de
PRAYED criminal, and thereby deny him the chance
which the statutes OF Congress had given
him to challenge tho validity Of his sen.
tence The writ of habeas corpus is of
the highest light The application for 1t IA addressed
not to tho discretion OF the Judge but 1t
cannot be denied because the application
Iensonany DELAYED or because the most serious nc9n
tns wa2on act q i9dSidsaI 6{ tho hlshes j.dl
error docs extend jurisdirtlonal
eEa ana law Of s which tho
in tho very recent case of Medley 40 sup CT. Rep.
ed
dy%th ~ state Court Of GGGTaGo The supreme Court
authorities because the statute under witch he was sen
rS %a BY SS e4 s SP
the 18th day Of April last based on verified petition
70 Ss%t .na !t i PIT SesiS
me @ ns erS
%"rae IS, Wit ~ Hs sG S ri
Of 5s %',s WA as
would have bstn unsvinx t" Kemmlef because he
other convicted murderer under sentence in this
H. % fSF S f"d ed IN s
and mater At . OF S ne, right to on tho Cont
sSS@,, MIN s,s,r sSS'
i. sIu.a statutes s.eHons sa 80. 1 4s
M rag ss would n nave be-" .en pces iAs
M % n p'" S"g'a
sa s1s hs .se sp.
ilv possible and the allowed subject tho
understanding with the counsel for kemmler that the
question presented by should be promptly brought
the attention OF tho supreme Court and that the writ
should be vacated unless this done and the action
that should seem to render further prosecu
tiop Of the writ expedsnt This has now been done
and consideration, that there was no federal
question tho case, and that tho punish
Inent authorized by the state law is not
cruel and unusual in the legal II would OF course
be the duty Of this to follow that decision upon
the return day writ and 1t will
any useful purpose to delay dspoitio OF the pro
ceeding in order TO render formal decision Ct the
turnabe earlier day than tho first day OF the
stated simply and solely because IL doubtful
II cOuld he without preiudcIng the rights OF the
ties tCarpCr aRt Fitzgerald, l2l t $ ~. Tho Inferno
the authorities of the State should end the
moment it appears to be no longer Necessary
The motion to vacate the writ Is granted.