The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-03-22
Action of the Supreme Court of Illinois
a Surprise to Many, but Generally
Viewed with Favor.
THE ASSASSIN DISAPPOINTED
But the Other Murderer Ready to
Have HIS 'Neck Injured"
Only a Reprieve or a Writ from the
Federal Court Can Prevent a Double
Execution OIL Good Friday.

Court has refused to grant a supersedeas
in the case of Prendergast. who sem
fenced 10 hang on Good Friday. AS calm
ly as if allowing a litigant ten days in
which to file abstracts and briefs, Chief
Justice Baker, at Ottawa, this afternoon
killed the last hope of Prendergast of
further movement in the courts for either
a stay OF proceedings new loophole by
which he may escape outraged Justice The
judges filed solemnly into the court room,
and, after few unimportant decisions OF
motions In civil cases. Chief Justice Baker
opened the docket at the criminal page
and said:
People, No. 5. Prendergast VS.. The Peo-
pie; motion for writ or error, ana that
the writ be made a writ OF superSedeas
The court has carefully examined the rec
ord, abstracts and briefs in full, and has
concluded TO deny the application"
This all. but it decided that the
Judgment OF Judge Brentanos court and
the conduct Of the trial Of the murderer OF
Carter Harrison had been fully Endorsed
by the highest court OF Illinois, and that
the case was practically closed forever. All
that can now interfere between Prender-
CAST and death on Good Friday is the
Governors respite. and the latter Is absent
from the State
The reason for the seeming delay in the
decision of the case is that the judges left
Ottawa for home Friday night last and
did not return there until Sunday evening.
and had practically but two days in which
to consider the many points presented in
the brief prepared by attorneys Gregory
and Barrow. 1t had eight principal points,
among which was severe criticism or
Judge Horton. Mr.. Gregory, who was in
Ottawa, said that the Governor would be
a = kpH n Qnnllp1-
ton would be made to the United states
Court for writ of habeaS corpus, on the
ground that the State court misconstrued
the Constitution of the United States.
The action OF the Supreme Court was a
surprise to nearly everyone who heard or
it. The opinion was generally held that "a
was hardly the least expectation that ii
would be fatty denied. In spite OF the
surprise, however. it was received with
favor on all sides. Prendergast, everyone
said had had a fair trial and fair chance
for his life, and could only be given an
other chance upon technicality. Yet the
circumstances surrounding the case, in
Guiding the prisoners actions in court,
were Of such an unusual nature that IL
was the belief that supersedas would be
granted.
With the receipt of the news from the
Supreme Court there was a rush of report
ers 20 the Jail. One at a time they were
allowed TO see the assassin.
II am In q state of grace" he said quiet
ly. II need no more spiritual advice, and
L u.
Are you surpriSedT
cor course 1 am. 1 was confident that I
would obtain the supersedeas. l am very
much disappointed"
What viii be your. next mover
Il want TO see my lawyers.
Prendergast showed emotion, but he was
quiet and without demonstration. He was
searched by the authorities Immediately
after the announcement came, and all he
had In his pockets was taken from him.
He made a protest when they took his
pencil. "If 1 am going to die l will need
that" said he. Il have some serious writ
The crime for which Prendergast is to
pay the penalty of death was the most
shocking Of the year. 1t awakened inter-
est and excited sympathy all over the civ
ilized world. On the night Of Oct. q. 1893,
Carter II. Harrison. Mayor OF Chicago, was
seated at dinner with his son and dauGh-
ter in his residence, on Ashland boulevard.
The door bell rang and a low-browed.
stumbling. Ill clad fellow asked to see the
Mayor. When he was informed that the
Mayor was at dinner he turned away. and
said he would return later When the man
called again the Mayor was doing on a
divan. 1t had been American cities day
at the worlds fair, and he had made the
best speech of his life to a vast throng of
people. The Mayor was awakened by the
sound of voices and came toward the door.
thing which was not overheard by the sarv-
ant. and then pointed a revolver at Mr..
Harrison's breast and fired. The assassin
ran into the street, and, after discharging
a ball at the pursuing butler, disappeared in
Jackson street, shortly after surrendering
himself TO the police, about the time that
Annie Howard, OF New Orleans, to whom
he was to have been married in few days.
PrendergastS attorneys at q late hour
this evening reported that they had seen
the United States judges in this city and
placed the matter before them. Their
principal point was that the State court
refused Prendergast permission TO appear
as his own attorney. The federal judges
agreed to consider the points raised and
render q decision tomorrow.
Upon application to Judge Woods for writ
of habeaS corpus Judges Bum, Sealman
and Jenkins met with Judge Woods at the
Auditorium Hotel. From $50 o'clock until
midnight they considered the constitutional
points raised, and announced that decision
would he given Tomorrow