Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1894-03-31
TO TEST HIS SANITY.

ing III bIS SHme anu De COu-
tinued from day to day. Sunday ex-
cepted, at 10 a. M and 2 p. IN. until
finished. There is scarcely a possibil-
ity that it will be quickly disposed of
and it may stretch out to great length.
This trial might almost be called
legal novelty. States Attorney Kern
said Friday that, so far as he knew, it
had never been resorted to in the state
of Illinois before. But Luther Latin
Mills, who as states attorney in 1885
had better reasons for recalling it,
was able to furnish one prece-
dent This was the case of James
Dacey, who murdered Alderman
Gaynor. Dacey took change of
venue to McHenry county. Mr. Mills
prosecuted the case and Dacey was con-
victed ard sentenced to be hanged. The
usual writ of error to the supreme court
followed, and the sentence of the court
below was affirmed. But some time
before the day of execution Judge L.
d. Murphy, the prisoners counsel,
filed in court an affidavit that
Dacey had become insane since he was
sentenced, and moved for the impanel-
ing of jury to determine his condi-
ton. The jury was impaneled and the
issue was duly tried, But the verdict
was against Dacey, and he was hanged
at the appointed time. With this ex-
ception it is doubtful if the process in
voked by Mr.. Gregory for Prender-
CASTS deliverance was ever brought in
to requisition in the United States.
The neglect of this potent remedy Is
remarkable for several reasons. 1t is
agreed, on all sides, to be an indispen-
sable safeguard of justice in regard to
human life. II has been in use in Eng
land for centuries, and has withstood
every attempt to abrogate it. But, ,strang-
est of all, it has been provided for in
the laws of Illinois ever since 1S45. and
possibly for over fifty years. Consid-
ering that the proceeding is SO suscep-
tible of abuse is is regarded as remark
able that it has been resorted to only
twice in fifty years for the purpose of
cheating justice.
The trial which begins to-day will be
of extraordinary interest and impor-
tance for the reason that, while its
legality is conceded, the different steps
in the procedure have all to be deter
mined without any clear guide from
the books. No one can say au-
thoritatively whether it is civil
or criminal proceeding, though
that fact determines a dozen others
which may decide the fate of the pris-
oner 1t is not clear whether the jury
should consist of twelve men or of six
men, one of whom is a physician, as in
insane cases There is nothing to show
whether the court can set aside the
.E -,
new trial. Worse than all this,
there are no laws for the safe de-
tention of the prisoner, if adjudged in
sane, in an asylum, no law for sem
fencing him to any particular asylum,
and no legal process provided by which
to watch for his recovery, determine in
legal manner that he is sane again,
and turn him over to the sheriff for eX-
ecution.
In an interview States Attorney
Kern, consulting, as he spoke, with his
assistant, Mr.. Knight, said
THE people OF the state of Illinois and my
self have no interest in the execution OF inno-
cent people Therefore shall do my duty in
the Prendergast case without the slightest
bitterness ambition for victory. But
will, of course see that the investigation
is thorough one. l may say l have
a large number of witnesses who will
testify TO Prendergasrs sanity. Many OF
them are experts, and among them Dr. N. s.
Davis will testify that he has examined Prem.
dergast, both before and since sentence and
that he is in better condition every way now
than he was before he was sentenced. So, you
see, the inquiry has got to be n thorough one.
and am glad OF it. Whatever the result may
be- shall feel better to think that every pos
siole step was taken 10 secure justice"
Attorney Gregory was not so ready
as Mr.. Kern to express an opinion on
the questions of procedure involved in
the trial. The only opinion he would
express about it was that he was in
clined to regard the trial as
fuality. With reference to the
disposition of Prendergast in case
he should be adjudged insane,
Mr.. Gregory said he did not believe he
would be confined in an insane asylum.
He thought he would be sent to the
penitentiary and remain there until he
became sane or died. If at any time
it was found that he was sane he
would be executed under the original
sentence.
Prendergast gave little evidence Fri
day of feeling of any sort in connection
with the stay of execution which haG
been granted him. He walked in his
cell nearly the entire day. JUS
before Higgins was swinging in air the
assassin seemed to arouse himself. A
IL O'clock he arose suddenly from hi
cot and began to scribble on piece o
paper. He expressed regret for Hig
gins, adding, however, that the murder
er of McCooey had had n fair trial ant
that the law should take its course.
Discovery and development of val
liable coal mines have increased tn
population of Toluca, Ill, from 200 t.
5000 in year.