The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-03-24
RESPITE.
Lawyers Think Complications May
Save Him From Hanging.

The Murderer's Attorneys Deny Judge
Chetlain's Authority to Interfere
And Claim he Has Nullified the Gov
ernor's Writ-They May Ask His
Release on the Ground That the Time
for His Execution Has Passed.
Chicago, March 23.-The states attor-
ney will not be a willing party to the
investigation of Prendergast's present
mental condition, which begins tomorrow
before Judge Chetlain, but will be ready
with medical testimony to prove that the
condemned murderer is as sane
as he ever was. II is not expected
that much time will be occupied
in getting jury. The suggestion
was made by the attorney for Prender-
CAST to-day that the jury be composed en-
tirely of physicians, but the states at
torney mas not given his consent. He
maintains that Judge Chetlain had no
authority to interfere with the
execution and in doing so changed
the governors writ On the other
hand, the opinion of eminent lawyers of
this city is almost unanimous that judge
Chetlain only obeyed a mandatory law,
and did what was right, when there was
not reasonable time to try the sanity of
the assassin before the hour Of execution
arrived.
COMPLICATIONS LOOKED FOR.
In case the jury find the murderer of
sound mind, however. il is argued by the
friends of the defense and lawyers well
yersed in criminal jurisprudence, that
there may be complications in the way of
the execution of the sentence. 1t is not
rFa4ag ksfaiff
CASTS lawyers will 20 into another
court, and denying the power of Judge
Chetlain to order a stay of execution,
apply for a writ of habeaS corpus
because the original time set for the exc
cutioE has passed If Prendergast should
be released on that technicality Sheriff
Gilbert would be responsible to the law
for the miscarriage of Justice. 1t is on
account of this legal aspect of the case
that the states attorney formally pro
tested against last nights proceedings.
Many people believe that Prendergast
will never be hanged now.
THE HANGING OF HIGGINS.
The reprieved assassin was removed
from the cell in murderers'r row on the
second tier to the fourth tier during the
execution of Higgins, so that he could
not hear the falling of the trap. The
other prisoners, who were neare" the cor
ridor of death, heard the crash, how
ever, and bedlam prevailed for a few
minutes High above the discordant
shouting aud screeching could be heard
the cry: Hang Pendergrast." The same
demonstration was heard when Painter
was sent into eternity.
The assassin did not appear to notice
the cry for Justice.
His death watch turned to him and
said; Higgins is gone. You are in
'luck"
The prisoner looked up and said: II
hope ! won't" The rest of the sentence
was expressed by a motion of the hand
toward the instrument of death. When
he was returned to his cell he stood be-
hind the door, his hands clasping the
bars He told the Jail clerk that he was
not feeling well and did not want to see
any reporters He did not want to have
any doctor examine him eth er. Just be-
fore Higgins was hanged, Prendergast
wroteTo Father Doyle asking him to send
a telegram to acting Gov Gill in Higgins
behalf