New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-23
A RESPITE FOR RENDERGAST
JUDGE CHETLAIN GRANTS A STAY UNTIL
APRIL s.
AFFTDAvITs AS TO THE PRISONERS INSANITY
SINCE THE TRIAL THE GROUND FOR THE

AFFTDAvITs AS TO THE PRISONERS INSANITY
SINCE THE TRIAL THE GROUND FOR THE
COURTS ACTIoN-THE TESTIMONY.
| Chicago. March 22-Prendergast has been re-
spited by the Court until April g.
Judges Jenkins. Wood. Bum and Seaman.
constituting the United States Circuit Court.
refused this morning TO interfere in the case
OF Patrick Eugene Prendergast sentenced to be
hanged tomorrow for the murder OF Mayor Carter
II. Harrison They decided that they had no jurs-
diction in the matter
While Mr.. Darrow, OF Prendergast's counsel was
at Springfield endeavoring to the Intervention
OF Lieutenant-Governor Gill in behalf OF the
demned man, his colleagues in Chicago resort
| ing to measures Unprecedented in the criminal an
nails of Illinois to s;ave off the execution tomorrow
morning 1t Is provided by the revised statutes that
a court may at any time empanel jury TO hold a
hearing to determine the sanity or insanity OF a de-
PENDANT. at any time before execution and after
sentence In the event OF the convicted man being
found insane by the jury the law provides that ex
ecution shall be stayed until the person RECEIVERS his
reason. Under this law Attorneys Gregory and
Harlan procured from John Prendergast the prison.
ers brother. affidavit. based upon conversation
with the condemned man few hours before. which
declared him insane. After canvass OF the Judges
Judge Chetlain was selected to hear the motion. A
special court opened at o'clock this afternoon
and at ii 1t was still in session.
The defence opened the proceedings with formal
motion for the impaneng OF n jury. This was re-
sisted by counsel for the State. and a prolonged
argument followed. In the mean time the court
room filed up to the doors. and crowd Of several
hundred gathered on the outside Of the jail. The
venerable mother OF the murderer escorted by her
eldest son. was admitted to the courtroom. and
the two took seats before the bar.
When the arguments were concluded at o'clock
Judge Chetain announced that he was not entirely
satisfied with the showing that had been made, and
that 1t was necessary - show that the condemned
man had become insane and a unatic since judg-
ment had been pronounced. Counsel expressed
themselves prepared to make such a showing. and
the Court ordered Prendergast to be brought IN
There was a wait of five minutes. and then the
prisoner. escorted by six bailiffs. into the
courtroom lie had been shaved little while be-
fore, and his hair clipped close to the skull.
The effect was to give his face a CHASTITY appear
ance. lie paid close attention TO the proceedings.
and at one stage asked OF the deputy sherirs
Tor pencil and some paper The request. how
ever was not complied with.
Dr.. Balm. the first witness called said that he had
talked with the prisoner a few hours before and
that Prcndergast had discussed track elevation
and other subjects. He had also referred to the
fac; that tomorrow Good Friday. and spoke of
the number Of cuts that the Saviour had received
and of the quantity OF blood that was shed at
Calvary. The witness believed that Prendcrgast
was a parlnoac and insane. Counsel for the State
asked tndt the evidence be excluded because the wit
ness had testified To the effec; at the trial
proper. but the Court oVerruled the motion Another
young doctor. Tracey by name. VINO SAID that he
had SIX months experience with the insane az the
County Insane Asylum. at Albany, " Y. also mar
rated conversation he had had with Prcndergast
in the course OF the day. In which the latter had
said that he was justified in killing the ex-Mlyor
that he had done the right thing. and that he was
ne could meet his Maker without receiving
Judgment for the crime. Both Witnesses were put
through searching ard technical cross-cxamini-
ton by States Attorneys Bottum and Todd and
both were badly tangled up before they of the Wit
ness-c;and.
Shortly before midnight. after a hearing that had
iastel nearly eight hours. Judge Chctlain decided
that both under the common law and the revised
statutes the Court had inherent power to prolong
the date OF Prendcrgasts execution. The evidence.
tho Court said made a pr!mn facic case Of in
sanity. II was apparent that "a midnight had been
reached and the day Of execution was already
there the trial the question of the insanity
pgnClled before the hour appointed for the hang
Ing. II was due tho criminal Jurisprudence Of the
state Tint this case should have calm. deliberate.
clear and full confederation. lie would therefore
period the sanity OF the prisoner would be
fully tried by jury
When tn Judge announced his decision a de-
moniacal grin took possession ~ Prendergast's
other with a lcer Of satisfaction. lie was quickly
ushercd out Of the courtroom and returned 10 jail
Springfield H., March 12-Alessrs. barrow and
Wade. Of counsel for Prcnderglst. had a hearing
;cring plea OF insanity. The Lieutenant Governor
declined to Interfere n the case