The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1894-03-25
EReAsT NOT NOW LEGAL
LY HELD,
Babeas Corpus Would Lie
the Murderer of Harri-
son Be Released.
vAsHBuREE WAS THREATENED
BY HIN MANY TIMES.
aver Does Not Believe Him Insane.
y Trudc Said to Believe He Has
me Non oOmOpOs Since the Trial.

,. ILL.,. March e6.--PatriclS Eugene
INST may walk from the JAN a
according to the opinion OF ex-
Amieson. He declares the con-
sassin of Mayor Harrison is now
Bout due process OF law. and a
,oeas corpus proceedings could re
20 other action than delivorance
siy OF the prisoner to his friends.
set for the execution OF the
against nm has lapsed, ana
order of the court having iuris-
ms not executed during the time
there is no law in the books to
pc county authorities in holding
asst.
ise says all this and much more,
ms conclusion upon HIS inter-
oil the law in the case. He a.
" Judge Chetlain had no more
10 grant stay of execution
police justice. ana charncterizes
{ proceedings as most unusual. a
nuer oil ineoloulable injury and
amy equal in all the records OF
! law. The action results in maxi
2sequcnt hanging of Prendergast
OF no legal foundation and in
unauthorized taking OF a human
nplO murder OF q man now en-
bis freedom.
APPLICATION arises from glaring
ncnsion of his jurisdiction on
, of Judge Chetlain, according to
nmieson. He is convinced beyond
that the statute under which the
was granted referred exclusively
bowers OF the court In which the
Is pending.
lace In which the application for
Tor inquiry into Prendergast's in
'iould have been made was be-
supreme court. The judge, Of
Ices not pretend that the SUI
btrt would have called a Jury,
, common law power would have
order for a Cook county court
] IN such a manner. Its hndinga
en- have been certified back to
pme court. entered upon the
vi Rrendergast hanged or sent
MUM. in accordance with the
rhis case was In the hands OF
eme court. Ia there now, and
" Prondergast, have made MS
n for a stay pendlng an in
amioson then points out that 4
I've been prnper to make such
Alton to Judge Brentano before
had been taken, hut wnen once
had been lifted from the trial
iurisdiction over II was lost
on In the matter simply muus
hetlaln and the governor OF
thortty ms TO n respite.
ipshotT of ahe whole matter rs
4sal blunder has been committed
lat any time hereafter, so Tar ~
of which Prendergast stands
IS concerned. q habeas corpus
q viii give him his fun liberty.
not the slightest doubt about
nnds to reason ~ the statute is
,cuted Il must be executed by a
Wing Jurisdiction 90 execute Il.
man toll me how Judge Chetlain
dintion when Judge Brentpno.
Judge. had lost his jurisdiction?
man tell me how Judge Brentano
authority to make any order ~
sendmg IN the supreme courtY
ldnH, whore does Judge Chetlain
luthorlty?
Nns granted by the court having
Dn, and since the emergency does
within any OF the exceptions
Is n very serious question now ns
her PrenderEast may. ever be
Nacuted, or even confined IN
Num for the offense OF which he
yicted. His csse does not fall
~ of the exceptions 10 which the
ideg for an execution on a sub
date. There ~ not Il scintilla
zee to show any authority Tor
ietlnin's order. He did exactly
i governor had refused TO DO
before, and as a result ! should
lrprlsed "a see a habeaa corpus
J Prendergast be made q free