St. Paul daily globe., 1894-03-24
SHORT TRIAL EXPECTED.
AHD A SPEEDY CONVICTION OF THE
ASSASSIN.
HE Is WHOLLY REspossnLE.
And Should Meet the Execution
80 Richly Merited in the Case
Questionable Philanthropic
Views of the Attorneys for the
Defense higgins Is Hanged


Per Programme.
CHICAGO, March 23.-The Prender-
CAST insanity hearing will come up in
Judge Chetlain's court tomorrow morn
ing. The state will enter upon the case
under protest, but is prepared to intro
duce expert testimony to show that the
assassin is at the present time respon-
sible for his acts. The case for Prender-
CAST will be conducted by Attorneys
Gregory and Darrow. who will be as
sisted by the lawyers who conducted
the defense before udge Brentano.
Neither side expects to devote much
time TO getting jury. In fact, Attor-
ney Darrow today proposed to the
states attorney that the case be sub
mItted to a jury of physicians, stating
that he would abide by the decision
reached by the medical men. States At
torney Kern, however, declined to agree
to the suggestion at once, but took the
proposition under advisement. ShouId
he determine to accept that way of dis
posing Of the case, and it is found to be
legal, much time and expense may
be saved. In any event. the states at
toruey refuses TO be 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 to issue stay of exc
cution, which was equivalent to alter
ing the governors writ. ana has no ju-
risdiction 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 that there is great ques-
tion as 10 what legal method would be
necessary to put the rope around the
assasSin'S neck again, and admits that,
even should Judge Chetlain assume
that authority, the friends of the de-
fendant could go into another court
and secure a writ of habeas corpus re-
leasing the fellow from custody, on the
ground that Judge Chetlain had
no jurisdiction. and that the
time set for the execution had
passed. The law distinctly states, it is
said. that, should the hour for an eXecu-
ton pass without the fulfIlment of the
law, the sheriff Is responsible for the
miscarriage of justice. In fact, all man.
ner OF legal difficulties are anticipated
as result of declaration of sanity.
while, on the other hand, it is admitted
that should the condemned be adjudged
insane the case will end forever.
Attorney G. S. Darrow said today:
"The farther away from Chicago you
get, the more bitter you will find the
feeling against Prendergast In the
southern part of the state the prejudice
Is Intense. Without knowing the first
thing about the case, or considering the
mental condition OF Prendergast, they
say: 'HangI' Lieut.. Gov. Gill no
doubt decided the case before he ever
heard from me. de stated that he
had been influenced by public
opiuion, and beyond doubt that
alone influenced him. my entire in
terest in this case" continued barrow,
who Is remarkably in earnest in his ef-
fort TO save Prendergast. lis that OF a
humane man. Soon after the asssassi-
nation of Mayor Harrison, l became i'm
pressed 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 was one that
could not be passed upon by the average
citizen without prejudice. Ny views
were published in a Chicago paper, and
at once l was appealed TO by the law
yers for the defendant and members of
his family. At the Iroquois club met
many prominent men - members
of the bench and bar-who en-
tertained my views. When Prem
deTgast was sentenced to be
hanged they argued that Esome one
should take up the case. Mr.. Gregory
and I agreed to do so. and from that
time We have done all in our power TO
save Prendergast from the gallows. All
that we have done has been i'll the inter-
est of justice. We have given our time
without compensation and have borne
all our own expenses"
Nv no will meet the cost of the pro-
posed insanity trial?'' Mr.. Darrow was
asked.
Il don't know. All that has been
done in the case since we took hold of
it has been paid for by Mr. Gregory and
myself. We shall probably meet the
expense of this proceeding. which will
be considerable for the present, but
many prominent inen ana feW pubic
men have offered to contribute to a
fund to give PrendergaSt the benefit OF
the law. Therefore 1t is likely that the
court expenses VIII be met by public
subscription. Neither Mr.. Gregoryu or
myself expect any compensation for
what we have doue. or may be abIe to
accom- plish.'
MessrS. Darrow and Gregory are
among the foremost lawyers in Chicago.
Their connection with the case has
been a surprise, as neither needs ad-
vertising, and both eSeheW criminal
practice.