The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1894-03-25
lSSIN MAY 60 FREE.
lERGAsT NOT NOW LEGAL
LY HELD.
Habeas Corpus Would Lie
the Murderer of Harri-
son Be Released,
WAS THREATENED
BY HIN MANY TIMES.
dayOr Does Not Believe Him Insane.
ey Trudc Said to Believe BE Has
ONE Non oOmopOS Since the Trial

Q, H., March 26.--Patricls I,usene
CAST may walk from the JAN a.
a. according 20 the opinion OF ex-
amieson. He declares the con-
@assin of Mayor Harrison is now
hout due process OF law, and a
eoens corpus proceedings could re-
20 other action than deliverance
9dy OF the prisoner 70 his friends.
e set for the execution of the
against MN has lapsed, ana
order of the court having juris-
vas not executed during the time
there Is no law In the books TO
he county authorities in holding
FAST.
tge says all this and much more.
ms conclusion upon HIS. inter-
OF the law in the case, h u.s.
Judge Cheuain had no more
70 grant stay OF execution
police justice, and characterizea
= proceedings as most unusual, "A
lnder OF inculcuiable injury and
ony equal In all the records of
law. The action results IN maxi
bssquent hanging of Prendergast
OF no legal Foundation and in
unauthorized taking OF human
nipple murder OF n man now en-
his freedom.
duplication arises from a glaring
henston Of his jurisdiction on
y OF Judge Chetlain. according to
Jameson. lie 10 convinced beyond
that the statute under which the
was granted referred exclusively
powers OF the court in which the
IS pending.
lace. Ia which the application for
Tor Inquiry into Prendergasts in
hould hnve been made was be-
supreme court. The Judge, OF
does not pretend that the SUI
burt would have called jury.
common law power would have
order for a Cook county court
d IN such II manner. Its tlndlnss
,cn have been certified back To
reme court entered upon the
nd pTendergnst hanged or sent
svlum. In accordance with the
This case was I'm the hands Of
'eme court, Is there now, and
Is should Mr.. Gregory, the at
Or Prendergast. have made hts
~ for a stay pending an In
Tamieson then points out that It
ave been proper TO make such
sation to Judge Brcntano before
] had been taken. but when once
had been lifted from the trial
jurisdiction over IL was lose
on IN the matter simply made
'hetlnln and the governor or
thority as to q respite.
npshot~ OF the whole matter Is
egai blunJer has been committed
mt any time hereafter. so FAR as
&c of which Prendergnst stands
.is concerned. a habens corpus
ig viii give him his fun liberty.
not the slightest doubt about
.nnds to reason IL the statute is
pcuted II must be executed by n
Ming Jurisdiction 10 execute II.
man toll me how Judge Chetlain
sdlotion when Judge Brentano.
Judge. had lost his iurisdiction2
man tell me how Judge Brentano
( authority 10 make any order IN
pending IN the supreme court2
idn't, where does Judge Chetlaln
was no respite by the governor.
Was granted by the court having
on, and since the emergency does
within nnw of the exceptions
~ very serious question now ns
her i9rendrtGast may eyer be
Necuted, or even confined in
iylum for the onense of which he
Vlctcd. His case does not fall
BY OF the exceptions m which the
jdes for an execution on sub
date. There Is not scintilla
nee to show any authority Tor
hetlain'H order. He did eSactlY
q governor had refused 70 DO
before. and as q result ] should
urprlsed to see a habeas corpus
q Prendeigast be made Tree