The sun., 1894-03-23
PRENDERGAST GETS A STAY.
EXTRAORDINARY NIGHT SESSION OF
CoUKr TO CONSIDER HIS CASE

Lieut-Gov. Gm R.fu-ea ss 10 O'eioek Last
Might 90 or..t = Reprisvs Amer Federal
J-de.s Deeiinsa 60 Ist.rfsre-Se.-whiis
.. Inss-ity Trisi was Demanded, U.dsr
the Statutes, sns Ars- Much Di.e--.,o-
Proes.dss Late In ths Ev.-ins--Fissi-
~ Near Hzidnisht . STAY was er..tss.
CHICAGO. March 22.-Extrsordinary efforts
were made to-day and tonight 10 save Pat
rick Eugene joseph Prendergast the assassin
OF Mayor Carter Harrison. who IL condemned
TO be hanged In the jail here tomorrow. Yes
terday one Of Prendereasts attorneys asked
the Supreme Court sitting at Ottawa for
supersedeas. which was denied. Then peti-
tion for writ Of hsbeas corpus Was presented.
By appointment before Judges Woods. Jen-
kins, Bum. and Seaman OF the United States
Circuit Court at the Auditorium late last
night This was an unusual proceeding. but
this morning the Court decided that II
had no Jurisdiction. Undaunted by these fall
ures. the murderer's attorneys dug up q statute
under which the question Of Prendergssts
present sanity is raised. Before this was done
an application was mado to acting Gov Gill
for q respite signed By eight State Circuit
Judges.
Fearing that the Lieutenant Governor might
move too slowly. the insanity proceedings
were started this afternoon. The section Of
the statutes under which application for the
trial was made reads:
And II after the Judgment and before the execution
OF the sentence such person become unstc insane
then. In case the punishment be capital the execution
thereof shall be stayed until the recovery Of the said
person from the insanity or lunscy In all these cases
it shall be the duty Of the Court to mpanel jury 70
try the question whether the accused be st the time Of
impansling sane or insane.
This. It is believed. fully covers the case. Il
fs an unusual and extraordinary proceeding
for the records Of the court here do not show
single instance where It has been entered
upon. Attorney Darrow went to Springfield to
work upon the Lieutenant Governors feelings
here. 1ss % decided to bring he
Judge Baker; Soon after I O'Clock 1t.ofneys
the SrImiaal '1s Court fn Su!idlne. tFs1 TSsS had
esns sSn, f.tqet fsns RgssSs Rg sosn
insane and this. when presented to the Court
Gregory made a motion Tor the trial on on the the
question Of sanity. While the proseedings
Tss H to S sss
S5 the So
% SfomptiS % honSrsa ssid .Rs essnsf sSSf
statutes plainly provide for such proceeding"
principal fact on which insanity was alleged
vas was that while the habeas corpus case was
spoke incohs hsrentiy and like an Insane man.
shs ss' s.a SJas Ss' s ss.s shs sss would
cGpsGme Ts'n the greater part Of the night 49,,
setins Geyernor at ! o'clcef. AZ that hour our
Attorney Wade another Of Prendergast's law
Sssss Sss sss :ls.Ias vas sls
Acting aovsrnet ailt retired and and retarned IN
against the prisoner. and he declined to inter-
fere with the sentence. This left tPrendergast's
Dposress R aHRS Before @ Judge Chetiainr r insanity In
20 the sna
the jail. The venerable mother OF the MUIR
derer. escorted by her eldest son. was admit
ted to the court Toom. and the two had seats
ground, but the brother was nervous and sgi,
s Judge hs
was not entirely satisfied with the showing
to show that the condemned man had become
insane. and the Court ordered Prendergast to
There was a wait Of five minutes. and then
into the court room. he had been shaved a
eioss 70 the skull The eject % was % to give sI his
face q ghastly appearance.
He has the death pallor already" said one
under the electric lights. .Prendsrgast came
.sS ss sIS:yss vs .lSMs
a bench, I% his nerve @ iaiied uSG SiS and am 'SSs he
fell into his chair in q state OF semi
to the proceedings and at one stage asked one
paper. The request howeSer, was not not COM com.
piled with. 4 deputy sheriff stood before him
sight. and scene WAS thus prevented.
DS, Balm, the nEst Witness called. said that
h,dn ne had ia TAXED Win The prisoner few hours
elevation and other matters. He had also re-
tsrIed TO the fact that Tomorrow was Good
Friday. and spoke OF the number Of cuts
quantity of blood that was shed at |
Calvary. The witness believed that Prender-
gast was parenoiac and insane. Counsel for |
because the witness had testified to the same |
eiises at the tTiai proper. but the court over
Another young doctor. named Traeey saId |
that he had ak months experience with tbs |
insane at the County Insane Asylum at Al |
bany, N Y. He also narrated converse:
the day. and In which the latter had said |
that he was justified In killing the eI- Mayor; |
that he had done the right thing. and that no |
e.ivina Judgment for the erime Both wit.
nesses were put through a searching and |
technical eross-sxAmi1ation By States Attor-
badly tangled up before they left the witnsss
AZ II 80 o'clock Judge ChetlaIn called halt
stay ofsSseStion until April d
BPRINGFIELD. Ill, March 22-AetinR Cover
nor Gill declined to Interfere with the SEN
been hanged with PrsndsrGast tomorrow.