The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-03-24
IL Is Claimed Judge Chetlain Had No
Authority to Stay the Execution
of the Death Sentence.
MIR. DARROW'S STATEMENT
His Reasons for Trying to Save
the Murderer's Life.
Buff Higgins, Who Didn't Want to Die
on the Same Gallows with Mayor
Harrison's Slayer, Executed.

CHICAGO. March 2s.-The Prendergast
insanity hearing will come up in Judge
Chetlains court tomorrow morning. The
State Will enter upon the case under pro-
test. but is preparing to introduce expert
testimony TO show that the assassin is at
the present time responsible for his acts
The case for Prendergast will be conduct
ed by attorneys Gregory and barrow, who
VIII be assisted by the lawyers who con-
Quoted the defense before Judge Brentano
Neither side expects 70 devote much time
10 getting a jury. In fact, attorney Oar
row to-day proposed to the States attor-
ney that the case be submitted to a jury
OF physicians. stating that he would abide
by the decision reached by the medical
men. States Attorney Kern. however de-
clined TO agree to the plan of the sug-
gestiOn at once, but took the proposition
under advisement Should he determine TO
accept that way of disposing Of the case
and it is found 10 be legal much time and
expense may be saved. In any event, the
States attorney refused to be a willing
party to the proceedings. maintaining the
ground assumed by Judge Chetlain last
night.
The situation, as presented by the States
attorney. is that the court had no authority
equivalent to altering the Governors writ,
and has no jurisdiction in the case. Trouble
for some one IS anticipated If it should be
found that the murderer is sane. In that
case. the State holds there is a great Ques-
ton as 10 what legal method would be
necessary to put the rope about the as
sassin's neck and admits that even should
Judge Chetlain assume that authority the
friends of the defendant could go into an
other court and secure a writ of habeas
corpus, releasing him from custody, on
the ground that Judge Chetlain had no
jurisdiction and the time set for execution
had passed. The law directly states, IL is
said, that should the hour for execution
pass without the fulfillment of the law
the sheriff Is responsible for the miscar-
rage OF justice. In fact, all manner Of
legal difficulties are anticipated as a result
OF declaration of sanity, while, on the
other hand, il is admitted that should the
condemned be adjudged insane the case
VIII end forever. To relieve the sheriff
OF responsibility and to prevent the exc
cntion OF Prendergast, the order of Judge
Chetlain postpOning the execution of Prem
derga5t until April was served on Sheriff
Gilbert this morning.
Attorney c. s. barrow said this after
noon: The further away from Chicago
you get the more bitter you will find the
feeling against Prendergast In the southern
Without knowing the first thing about the
case or considering the mental condition
tenant Governor Gill no doubt decided the
case before he ever heard from me He
stated that he had been influenced by pub
lie opinion: and beyond a doubt that alone
Influences him.
MY entire interest in this case" con-
tinued Mr.. barrow, who is remarkably in
earnest in his effort TO save Prendergast.
rs that of a humane man. Soon after the
assassination of Mayor Harrison / became
impressed with the idea that the outcast
who had taken his life was insane and
would not receive just treatment in the
Criminal Court. The case one that
could not be passed upon by the average
citizen without prejudice My views were
published in Chicago paper, and at once
was appealed to by the lawyers for the
defendant and members OF his family At
the Iroquois Club / met many prominent
men-members of the bench and bar-who
entertained my views When Prendergast
that some one should take up the case Mr.
Gregory and / agreed to do so, and from
that time we have done all in power to
save Prendergast from the galloWs. All
that we have done has been in the interest
or justice. We have given our time without
compensation and have borne all our own
expenses"
"Who will meet the cost Of the proposed
insanity trial?" Mr. barrow was asked
Il don't know All that has been done in
the case since We took hold of il has been
paid for by Mr.. Gregory and myself We
shall probably meet the expense of this
proceeding for the present. but many prom
inent and few public men have offered to
contribute TO fund to give Prendergast
the benefit of the law. Therefore ii is
likely that the court expenses will be met
by public subscription. Neither Mr.. Gregory
what we have done or may be able to ac-
cOmplsh -
Messrs barrow and Gregory are amona.
the foremost lawyers in Chicago. Their
connection with the case has been a sur
prise. as neither needs advertising and both
eschew criminal practice