Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-07-04
pRENDERGASr NOT INSANE
A Jury Has SO Decided and the Juds
Bas santanced Him to Hang July 10.

n
Hss Sentenced Him to Hang July 10.
CHICAGO, July 3.-Prendergast, the
assassin Of Mayor Carter Harrison, was
declared mot insane" sby jury In
Judge Payne's court this afternoon,
ana under sentence of the court must
be hanged Friday, July 10.
The Jury was out just two hours and
five minutes.
There was much confusion in the
court room among the waiting lawyers
and spectators just before the jury
came in, when movement was noticed
among the bailiffs. In few moments,
Prendergast was brought In. With him
were six bailiffs, who stood along the
passageway back of where the prisoner
sat to the door leading TO the bridge
connecting with the Jail. Then hush
fell upon the court room. Every one
there seemed impressed with the SOL
emnitv of the occasion. Judge Payne
took his place on the bench and the jury
fled In to
TAKE THEIR SEATS IN THE BOX.
Gentlemen OF the jury" said Judge
Payne, "have you agreed upon your
verdict?"
"Yes, your Honor" said Foreman
Charles B. Schenck, as he partly arose
from his chair.
Read the verdict" said the Court
The Clerk unfolded the PAPER and
read in a distinct voice the doom OF
Preudergast in these words:
1--WE, the jury, find Patrick Eugene
Prendergast not insane nor lunatlc'
The paper was signed by Foreman
Schenck and all the jurors. Mr.. Greg
ory asked that the jury be polled and
the name OF each jury was called.
"Was this, and is this your verdict"
was the question.
LIT is" came the answer In every
case.
Then, addressing the jury, Judge
Payne said:
Gentlemen, l want very much to
thank you for the attention you have
given this difficult case and the faithful
manner in which you have performed
your duty. want you to know that
appreciate the deprivations you have
undergone during your confinement
Gentlemen, you are discharged"
PRENDERGAsT SAT- UNMovED
during the whole proceeding. He made
no outcry and was at once removed TO
his cell in the jail. His counsel will
move for new trial and II this be not
granted they have expressed their in
tention OF carrying the matter to the
supreme court. Messrs. Darrow, aAr-
Ian, Gregory and Heron, who have
made such a stubborn fight for Prem
dergast, were all in Court when the YER
dict was rendered.
Assistant States Attorney Morrison
and Todd were there, but neither the
assassin's mother nor brother was
present.
When the jury received the instruc-
tions OF the court and retired TO deliber-
a tie, the cou.t room was more crowded
than at any time heretofore In this
trial, which has attracted so wide at
tention. Prendergast sat unmoved duh
ing the reading OF Judge Payne's charge.
His mother and brother were then 10
the court room.
JUDGE PAYNE READ HIS CHARGE
from the witness chair, which stands
between the bench and the jury box.
he spoke in a clear, calm voice, enun-
cisted distinctly and slowly, and the
Jury paid close attention to every word.
The charge was considered fair expo
ston of the law. 1t confined the jury
10 the consideration OF the point that
the prisoner had gone insane since the
verdict of the jury which held him re-
sponsible for the murder OF Mayor Har'
rison and affixed the death penalty.
The jurors could, however, the court
said, iud Prsnd ergast insane il they
deemed that he failed to realize the ma
ture Of the present proceedings, II he
failed to appreciate his present position
before the law touching his execution,
or that be was in such state of mind
as to disable him from preparing for
death; in short, il his execution on the
galloWs would be inhuman.