Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1892-01-09
HE STILL LIVES.
Once Again Execution OF John b. Leh-
man is Stayed. just ms he is Enter
ing the Shadow of Death.

Once Again Execution OF John b. Leh-
man In Stayed. just ms he is Enter
ing the Shadow of Death.
Friday, the 9Th, was the day set by
Governor Mellette, for the hanging OF
Ben Lehman, but Friday, the Sth, has
come and gone, and the murderer,
still alive and well. occupies his lonely
cell in the basement Of the court house
in this city.
During the past two weeks it has not
been thought by the majority that the
execution would take place on the day
set for it, but Thursday morning there
was change in the situation, and for a
few hours it seemed as il no earthly
power could interpose to save the mans
life. But he is still alive, and the man
date that once more respited him issued
from Judge Gardner, the present occu-
pant of the bench of the Seventh Judici-
al Circuit. II came to pass in this way:
Thursday afternoon Attorneys G. j.
Buell. and c. l.. Wood made formal APP
plicaton to the Judge for an order grant
ing a jury trial of their clients sanity
OF course the question Of the sanity Of
the defendant previous to lis trial, has
been forever settled, and the claim set
up by Messrs. Buell. and Wood, was that
he had become insane since his convic-
ton. In support of this claim they had
not the slightest evidence, as their only
witsess Yves Doctor Van Buskirk, who
testified at Lehman's first trial that he
was then insane. The application for
this trial was strongly opposed by States
Attorney Porter, and his Honor placed
the responsibility upon Sheriff Wood,
instructing him to call jury if he had
any reason to believe that Lehman had
become insane since his conviction in
September, 1890. Now Sheriff Wood
stated to the court that he believed his
prisoner to he as sane now as he was on
the day Of his incarceration, and Mr..
Wood still holds that opinion, but lie
was placed in position the like Of
which probably no one man had eyer
occupied before. 1t was for him to
grant the trial, or else refuse 1t, and
then take his man out and hang him.
bility with him, and he did what any
man with heart and conscience would
have done under the same circum-
staaces, he granted the trial, and an.
nounced his intention to cali a jury.
Had the court conferred with A.r. Wood
and then ruled upon the motion for the
trial, guided by the belief and opinion
Of the latter gentleman, there would
have been no jury trial granted and
consequently no delay in the execution.
There is no doubt in any ones mind
but that the court had the legal right to
take the course he did, out the people
are not sparing their criticism because
of that fact.
This all transpired duri Thursday
afternoon, less than twenty. four hours
previous to the hour fixed for the exe-
cution, and when it was decided that a
jury would be called, and trial had, ii
was, of covrse understood that il wouli
again be necessary 10 postpone the carry
ing out ofthe sentence. During the even
ing session of the court, Attey Porter ar
gued the question Of the Judges right 10
stay the execution. But the court held
that he had such authority and assumed
all responsibility in the matter, fixing
Monday, January llth, as the date for
the trial of Lehman's sanity. There are
many who believe that Lehman is no
longer amenabie TO the law ; that under
the circumstances the court had no right
TO interfere with the law that the date
fixed bv the governor for the execution
of the sentence has passed, and that at
no future time can punishment be visit
ed upon the offender. They base their
argument upon this ground That the
law provides for the interference Of the
court, only when it has reason to believe
sane since his conviction, and that in
this case there was really no reason for
even a suspposition ofthis kind There
are great many who argue this way,
and not without reason either, but Judge
Gardner is high official. he has his re-
putstion as such at stake, and it is hard
ly possible that he would risk its loss,
by overstepping the bounds Of his au-
thority, or take an important step of
this kind without being thoroughly ac-
quainted with his position. Certain il
is that u murderer whose crime is
mouldy with age, is still unpublished,
and the law still unsatls6ed. Three times
has he come near to the gallows, and
as often has he been reprieyed in one
way or another. 1t can hardly be term
ed a providential interference. 1t is
rather base use of the technicalities of
the law. This is only another act in the
grand farce to which the people of Gus
ter county have been unwilling witness
es for two long years. Rather than that
it should continue longer they would
see the murderer at liberty. The farce
would terminate then.
Personal Paragraphs.
&c. Spencer was in the city Mon
dav