The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-03-29
THE PRENDERGAST CASE.
HEARING AS TO HIS SANITY WILL
BEGIN TODAY.
A Jury of Physicians is Proposed, But Not
Decided Upon--Peculiar Legal Com
plications May Arise.

CAST insanity hearing will come up III
Judge Chetlain's court tomorrow
The state will enter upon the case I'M
der protest but is preparing to intro
duce expert testimony to show that
the assassin is at the present time re-
snousible for his acts. The case for
Prepdergast will be conducted by At
torneys Gregory and Darrow, who will
be assisted by the lawyers who con-
Quoted the defense before Judge Bren-
tano. Neither side expects to devote
much time 10 getting jury. In fact,
ATTORNEY Darrow today proposed to
the states attorneys that the case
be submitted to n jury OF
pbysicians. stating that he would
abide by the decision reached by the
medical men. States Attorney Kern,
however. declined to agree TO the sug
gestion ut once, but took the prOpoN
sitiou under advisement. Should he
determine to accept that way OF dis
nosinp of the case, and it is found to
be legal, much time and expense may
he s,yed In any event the states at
torney refuses to be a willing party to
the proceedings, maintaining the
ground assumed by Judge Chetlain
last night.
The situation as presented by the
state's attorney is that the court had
no authority to issue stay OF eXecu-
tion which was equivalent to altering
the governors writ, and has no Juris.
diction in the case. Trouble for some
one is anticiDated il it should be found
that the murderer is sane. In that
case the state holds that there is a
Great question u, to what legal meth
cd would be necessary to
mt the rope about the assassin's neck,
and admits that even should Judge
Chetlain assume that authority, the
friends of the defendant could go into
another court and secure writ of
habeas corpus releasing the fellow
from custody on the ground that
Judge Chetlain had no jurisdiction,
and that the time set for the eXeCu-
tion had passed. The law directly
states. it is said, that should the day
of execution p SIS without the fulliil-
ment of the law the sheriff is respOn
sIble for the miscarriage of ius'ice la
fact all manner Of legal difficulties are
anticipated rs result Of Il declaration
of sanity. while on the other hand it
ia admitted that should the condemn
ed man be adjudged insane the case
will end forever.
Attorney @. S, Darrow said today:
''The farther away from Chicago you
get the more bitter you will find the
feeling against PrendeTgast. In the
southern part of the state the preiu-
dice is intense. Without knowing the
first thing about the case or considers
inc the mental condition OF Prender-
CAST they say Hang him Lieutenant
Governor Gill no doubt decided the
case before he ever heard from me
He admitted he had been influenced
by public opinion, and beyond doubt
that alone Influenced him. My entire
interest in the case" continued Mr..
Darrow, who is remarkably in earnest
in his efforts to save Prendergast,
sis that of humane man.
Soon after the assassination of Mayor
Harrison, | became impressed with
the idea that the outcast who had
not receive Just treatment in the GRIM
ansl court. The case was one that
could not be passed upon by the aver
age citizen without prejudice. My
view. were published in IA Chicago pa
Der, and at once was appealed to by
the lawyers for the defendant and
members of his family. AT the Iro-
uuois club | met many prominent
men, members of the bench and bar,
who entertained my views, When
PrendergGst was sentenced to be
hanged, they argued that some one
should take up the case. Mr.. Gregory
and myself agreed to do so, and from
that time we have done all in our
power to save Prendergdst from the
gallows All that we have done has
been in the interest Of justice. We
have given our time without coupon
sation and have borne our own eX-
pensrs.'
who will meet the expenses of the
propo-ed insanity trial2' Mr.. Darrow
was asked.
II don't know. All that has been
done in the case since we took holA of
it has been paid for by Mr.. Gregory
and myself. We shall probably meet
the expense of thi, proceeding, which
will be considerable, for the present,
but many prominent men and few
public men have offered to contribute
to fund to give Prendergast the ben
eft of the law. Therefore it is likely
that the court expenses will be met by
public subscription. Neither Mr..
Gregory or myself expect any COM
pensation for what we have done or
may be able to accomplish l."
Messrs. Darrow and Gregory are
among the foremost lawyers in Chi
cago. Their connection with the case
has been surprise, AS neither needs
advertising and both eschew criminal
practice.