Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-03-24
llENDERGRASTS SANITY
me- PUT TO THE TEST TO-
"A, BEFORE PHYSICIANS.


/ !, associated Press.
h.,-sro H., March 2a.-The Prem
,..t insanity hearing will come up
tadre chetlain's court tomorrow.
state will enter upon the case
n, p-otest. but is preparing to in
.lscs expert testimony to show that
assassin is at the present time
4 .rsIble for his acts. The case for
.,.sergast will be conducted by At
'...,s Gregory and Darrow, who will
assisted by the lawyers who con-
,,,,d the defense before Judge Bren-
4. Neither side expects to devote
~ time to getting a jury. In fact,
1,aruey barrow today proposed to
1, states attorney that the case be
I Amltted to a jury of physicians, stat
/ that he would abide by the decls-
reached by the medical men.
th,,es Attorney Kern, however, de-
I ed to agree TO the suggestion at
~ but took the proposition under
tldsement. Should he determine to
jrpt that way OF disposlng of the
4 y and It is found to IN legal, much
4 and expense may he saved In
4 event. the states attorney refused
Be willing party to the proceed
4he situation MS presented by the
HES attorney is that the court had
authority to issue a stay Of execu-
s o. which was equivalent to altering
q governors writ. and has no juris-
don in the case. Trouble for some
\ Is anticipated If it should be found
u the murderer is sane. In that
" the state holds that there is a
bat question as TO what legal method
bud be necessary to put the rope
ai the assassin's neck. and admits
I.r even should Judge Chetlain as
1Gls that authority, the friends of
II, defendant could go into another
NN and secure n writ of habeas cor
IL releasing the fellow from GUS
ny on the ground that Judge Chef
hh had no jurisdiction and that the
tns 81 for the execution had passed.
4 ne law directly states. It IS said,
Vat should the hour for an execution
pass without the fulhllment of the
i hE he sheriff liz responsible for the
4 Miscarriage of justice. In fact. all
. rAtng o. legal difficulties are antici-
ilis 4 result of a declaration Of
q misty While, on the other hand. 1t
II 5 ADMITTED that should the condemned
b adiuigA insane the case VIII end
4 foster
A1ory c. S. Darrow said today:
u fariher away from Chicago YOU
~ ne more bitter you will find the
ielfg against Prendergast. In the
Nuihefn part Of the state, the pre-
Ede Is intense. Without knowing
y mt thing about the case, or con-
ie7hg the mental condition OF Prem
mast they say. hang him. Lieu
nAntGovernor GIL no doubt de-
~ The case before he ever heard
me- He stated that he had been
leneed by public opinion. and be-
doubt, that alone Influenced
Il " entire interest in this case"
itrued Mr.. Darrow, who is re-
fapy in earnest in his effort to
Y Prendergast, "is that Of hut
" man. Soon after the assassin-
Of Mayor Harrison, l became |
iessed with the idea that the out |
Who had taken his life was in |
and would not receive Just treat |
a IN the criminal court. The case |
one that could not be passed |
BY la average citizen without |
ielee- My views were published |
IA ghlcago paper, and at once / was |
tAed TO by the lawyers for the de-
-.h and members Of his family. |
Ne lroquols club / met many |
,nent men-members of the bench |
Mr-who entertained my views. |
Prendergast was sentenced TO |
n 4lged they argued that some one |
W lake up the case, MIR. Greg |
N ana | agreed to do so, and from |
lme we have done all In our
y 10 save Prendergast from the |
H." All we have done has been |
II V interest of justice. We have |
N olr time without compensation
ave borne our own expenses"
~ w Will meet the cost Of the pro- |
lasanlty trial?" MIR. Darrow was |
I.
N The case since we took hold OF |
n I, eeen paid for by Mr.. Gregory-and |
We shall probably meet the
Of the proceeding, which will |
n adorable, FOR the present, but
"a Qminent men and few pub
have offered to contribute to
4rn.p give Prendergast the benefit
/" Nv, Therefore 1t is likely that
art expenses will be met by
d" Subscription. Neither Mr..
" ~ nor myself expect any COM
. non for what we have done or
n anle 10 accomplish"
barrow and Gregory are
we foremost lawyers In Chi
y iner connection with the case
IN surprise, as neither needs
a,,Is'ng and both eschew criminal
ONLY DELAYED.