The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1892-05-06
BEA TING THE Law WITH Law.


was made public that in one of tn.
southern states man who had beer
tried and convicted, through due process:
of law, was formally executed by being
hanged by the neck until he was pro.
nounced dead, strictly according to the
forms of law, and that subsequently the
executed man resuscitated through the
movement of the vehicle on which the
body was being transported from the
! gallows to the grave. The man is now
actually alive and well and a free man,
although legally he is dead, the require.
ments Of the law having been complied
with literally and to the full. This being
true the man is now beyond the reach OF
| the law as to the crime for which he was
executed if not absolutely and for all
future crimes he may commit.
Now comes another peculiar case
which is before the United States court
from New jersey.
A sharp lawyer named Pashall has
contrived ascheme to keep a condemned
man from the gallows. A negro client
of Pashell's pleaded guilty to murder and
was sentenced to death. The day before
he was to be hanged Pashell made a
writ OF habeas corpus, claiming that his
client was a British subject and under
sentence of death, in violation of the
constitution of the United States. the
constitution of New Jersey and the
treaty between the United States and
England, all of which guaranteed to a
citizen the right of a trial by jury. The
negro having pleaded guilty had been
sentenced, as is customary in cases
where the prisoner pleads guilty, with
out the verdict of the jury.
The application was denied and Pash-
all gave notice of appeal to the supreme
court of the United States Pending
the decision the sentence of death was
of course suspended. When the case
came up it was dismissed because Pash
all did not appear. Then The negro
was again called up and sentenced
to death. On the day before the execu-
ton Lawyer Pashall appeared
once more before the court for rit of
habeas corpus on grounds identical with
those in the first application. Again he
was refused, again he gave notice of ap-
peal to the highest court of the land, and
again the sentence of death fell short of
execution. Monday the case came up
again in the United States supreme court.
and was again dismissed, Pashell having
failed to appear.
The point about it is that, having re-
peated the opporation twice, the lawyers
who have examined all the present stat
utcs bearing on the case say that the
process can be carried on indefinitely.
and THAT unless the law is changed Pes
hallEby repeating his ingenious device can
forever prevent the execution of his
client. In fact, there seems TO be no
reason why the device reSorted TO by
this Jersey lawyer could not be taken
advantage of in other parts of the coun-
try unless the law were changed.
Mr.. Pashell has moi only puzzled the
United States supreme court AMI kept his
client alive, but he has beaten the record
of old Ben Butler himself, who failed to
save the Chicago Anarchists from death
by similar device.
The New Jersey case viii afford the
Judiciary committees o. congress matter
for their profound consideration. while
the two bodies are rastIing with time
and heroic struggle 10 do nothing.