The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1894-03-30
GRANTED A STAY.


Attempt Nav Now he Made Ia fress |
that Crime " Insanity.
CHICAGO. March 81. While one-half
OF Prendergast's counsel WAS AT Spring
field endeavoring 10 secure the inter
vention of Lieut. Gov. Gill in behalf OF
the condemned man, their colleagues
in Chicago were resorting 10 measures
unprecedented in the criminal annals
Of Illinois TO stave of the execution
this morning. 1t is provided by the
revised statutes that court may
impanel jury to hold a hearing
TO determine the sanity or insan-
ity OF defendant. ut any time be-
fore execution and after sentence.
In the event of the convicted man be-
ing found insane by the jury, the law
provides that the execution shall DE
stayed until the person RECEIVERS his
reason. Under this law Attorneys
/ Gregory and Harlan procured from
John Prendergast. the prisoners broth
err. an affidavit, based upon a converse
ton with the condemned man few
hours before. and in which he declared
him insane.
After a canvass of the judges. Judge
Chetlain was selected to hear the mo-
ton. 4 special court was opened at
o'clock, and at IL it was still IN ses-
sion.
The defense opened the proceedings
with formal motion for the impanel-
ing OF jury This was resisted by
counsel for the state. and a prolonged
argument followed. In the meantime
the court room filled up TO the doors
and a crowd of several hundred gath
cred on the outside of the Jail. The
venerable mother of the murderer. es-
corted by her eldest son. was admitted
10 the court room and the two were
given seats before the bar The
mother bore herself with composure.
keeping her eve fixed upon the
ground but the brother was nervous
and agitated. When the arguments
were concluded at 5 o'clock, Judge
Chetlain announced that he was not
entirely satisfied with the showing
tina. had been made and that it was
necessary TO show that the condemned
man had become insane and lunatic
since Judgment had been pronounced.
and counsel expressed itself prepared
to make such showing and the court
ordered Prendergast to be brought in.
There was wait of five minutes,
and then the prisoner. escorted by six
bailiffs. came into the court room He
had been shaved little while before,
and his hair was clipped close.
Prcndergast came through the door
way with a firm. shutting step. but
when his eyes took in the crowded
court room and the judge on the
bench. his nerve failed him and he fel
; into his chair in state of semi-col
! lapse During the rest of the proceed
: ings lie acted like sufferer from st
Vitus' dance. his arms, limbs and a
/ times his face keeping up an almos
! incessant twitching.
4 Chancellor Muldoon. of the Cathedra
G of the Holy Name and Father >canlar
c came in at this stage of the proceed
ings and were given seats near thu
prisoner.
= Dr. Balm. the first witness called
II said that he had talked with the pris
II oner a few hours before, and tina
Prendergast discussed track elevation
e and other matters lie had also re
J. ferred to the fact that tomorrow wa
n Good Friday. and spoke of the humble
Of cuts the Saviour had received an,
n of the quantity of blood that was she
$ at Calvary The witness believed tina
a Prendcrgast was a parenoiac and in
y sane.
d Counsel for the state asked that tn
evidence be excluded. because the wit
ness had testified to the same effect a
the trial proper; but the court ovel
ruled the motion.
" Another young doctor. Tracy b
a. name. said that he had had six months
IN experience with the insane ut tn
= County insane asylum at Albany.
\, Y. He narrated conversation ha
ls with Prcndergast in the course OF I'll
~ day. and in which the latter had sal
~ that he was justified in killing the la'
IL mayor; that he had done the rigl
no thing. and that he was sure he coul
an meet his Maker without ;eceivin
NJ Judgment for his crime.
N Both witnesses were put through
60 searching and technical cross-examin
~. ton by Assistant States Attorne
an Bottom and Todd. and both we
pretty badly tangled mp before TIN
al left the witness stand.
nd shortly before midnight. after
NO hearing that had lasted nearly Gig
as hours, Judge Chetlain. in lengthy OF
es- opinion. decided that both under I
.u- common law and the revised statui
as the court had inherent power to pI
Nv long the date Of execution. The e
ers dcnce. he said, made out prima fa'
case of insanity. IL was apparent til
as midnight had been reached and
Ed day of execution was already he
tie trial on the question of insani
the could not he completed even II a ju
was impanelcd before the hour !
~ pointed for the hanging. IL v
ms due the criminal Jurisprudence
nen the state that this matter sho'
Sed have calm. deliberate a
'le- careful consideration The law plar
'cr' laid down the fact that the cot
might prolong the time in a case
ION this kind And il should not be s.
,he that court was left powerless to