The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1894-03-29
PRENDERGAST.
Lieut. Gov. Gill Refused to Interfere In
Behalf of the Condemned.

Rut Judge Chetlain Takes Action-A Spe-
eial Court Copvenod-Two Pbys!cians
Testified That Prendorgast Hss In
aane-The Judge Ora nted o Stay.
CHICAGO, March 2a-While one-hal7
of Prendergast's counsel were at
Springfield. endeavoring to secure the
Intervention Of Liet.-Gov. Gill in be-
half of the condemned man, their col
leagues in Chicago were resorting
to measures unprecedented in tho
criminal annals of Illinois to stave of
the execution Friday morning. IL Ia
provided by the revised statutes that
@ court may at any time impanel jury
20 hold q hearing to determine the
sanity Or insanity Of defendant at
auy time before execution and after
sentence In the event Of the con-
victed man being found insane By the
Jury, the law provides that execution
ahall be stayed until the person recov-
ers his reason.
Under this law, Attorneys Gregory
and Harlan procured from John Prem
dergast, the prisoners brother, an am-
davit based upon conversation with
the condemned man a few hours before
and which declared him insane After
caucus Of the judges, Judge Chetlan
was selected to hear the motion
A special court WAS opened At 4
o'clock p m. Prendergast came into
the courtroom with shutting step,
but when his eyes took IN the crowded
courtroom and the Judge on the bench
his nerve failed him. and he fell Into
his chair IN a state Of semi-coilapse-
During the rest of tho proceedings he
acted like sufferer from st Vitus
dance, his arms, limbs, and at times his
face keeping up an almost ineessant
twitching. He paid close attention,
however, to the proceedings, and ut ore
stage asked one of the deputy sher'hs
for pencil and some paper. The re-
quest, however, was not complied with.
A deputy sheriff stood before him, 80
that he might be shielded from his
mothers sight and a possible scene
was thus prevented. Chancellor Null
doom, O: the Cathedral Of the Holy
Name, and Father Seaman came IN at
this stage of the proceedings and were
given seats near the prisoner.
Dr. Ba;n and young doctor named
Tracy were put through searching
and technical examination by Assist
ant States Attorneys Bottum and
Todd, and both were pretty buddy
tangled up before they Lett the wit
ness stand. Both said Prendergast was
crazy.
Shortly before midnight, after
hearing that had lasted nearly eight
hours Judge Chotlain. in a lengthy
grafton, decided that both under the
common law ard the revised statutes,
the court had inherent power to pro-
long the dntc Of execution. The evil
dence, he said, made out rritna facle
case Of insanity. 1t was apparent
that as midnight had been reached and
the day of executions was already
there, the trial on the question OF In
sanity could not be completed, even il
iury was impnnclled before the
hour appointed for the hanging.
1t was due the crimina! Jurisprudence
Of the state that this lnattor should
have calm, deliberate consideration.
The law pl&ini; laid down the fact
that the court nigh. prolong the time
in d case Of this Kind. And It shouid
not be said that q roal't was left ro'T-
erlcss TO act simply hcca"sc the Eci;"
of execution had almost arrived lie
would therefore %i'aut :. stay for t'No
weeks, OF until Al.rii 9, III "!a;ch period
the sanity CT t!!2 !:sone: womb 'e
carefully tried by Z jury.
Previous to the cour's rendering It's
decision, Rev. r'aih.'- Doc, who has
ministcrcd t. the condemned! nAn aimee
his conviction. was pat OH the stand.
end testified his conviction that Prem
dergost was insane. and that his nent-
ri condition was daily deicr:orRting.
Ex-Assistant States Attorney ". ).
Elliott, who WIS in tie room, WAS
appealed to by the condemned mans
attorney to make an address, ana
responded in q vigorous argument, III
which he lillcHed the proceedings to q
midnight or2ie on the eve or Good Fri
day, and compared the surroundings
to the mob enl r;ibblc that ha":cncd
the crucifx:on OF tnc Saviour Nhen
the Judge anaounced his decision
dcmoniacal grin tool. possession OF
Prendcrgast's cotrtcnpncc and he
turned from ore face TO another with e.
leer Of satisfaction. He VAS quickly
ushorcd out OF the courtroom and re.
turned to JILL.