The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1894-03-31
pRENDERGAST.
Lieut.. Gov. Gill Refused to Interfere II
Behalf Of the Condemned,


But Judge Chetlain Takes Action-A Spe'
cial Court Convcncd-Two Physicians
Testified That PrcndcrgHst Was In
sane--The Judge Grantee ~ Stay.
CHICAGO. March %. S.--While one-hali
of Prendergasts counsel were Mt
Springfield, endeavoring to secure the
Intervention of Liet.-Gov. Gill in be.
half of the condemned man, their col
leagues in Chicago were resorting
to measures unprecedented in the
criminal annals of Illinois to stave OFF
the execution Friday morning. 1t is
provided by the revised statutes that
n court may at any time impanel a jury
to hold hearing to determine tie
sanity or insanity of defendant at
any time before execution and after
sentence. In the event of the con-
victed man being found insane by the
jury, the law provides that execution
shall be stayed Nntil the person recov.
| ers his reason.
Under this law, Attorneys Gregory
and Harlan procured from John Prem.
| dcrgast, the prisoners brother, I'm affi-
davit based upon n conversation with
the condemned man few hours before
and which declared him insane. After
u caucus of the judges, Judge Chetlain
was selected to hear the motion.
A special court was opened at
o'clock p. IN. Prendergast came into
the courtroom with shuffling step,
but when his eyes took in the crowded
courtroom and the judge on the bench
his nerve failed him, and he fell into
his chair in a state of semi-collapse.
During the rest of the proceedings he
acted like sufferer from st. Vitus
dance, his arms, limbs, and at times his
face keeping up an almost incessant
twitching. He paid close attention,
however, to the proceedings, and at one
stage asked one of the deputy sheriffs
for pencil and some paper. The re-
quest, however, was not complied with.
| A deputy sheriff stood before him, so
that he might be shielded from his
mothers sight. and Il possible scene
was thus prevented. Chancellor Mul-
doom, of the Cathedral OF the Holy
Name and Father Seaman came in at
this stage of the proceedings, and were
| given seats near the prisoner.
DIR. Balm and young doctor named
| Tracy were put through searching
and technical examination by Assist
ant States Attorneys Bottum and
Todd. and both were pretty badly
tangled up before they left the wit
ness stand Both said Prendergast was
crazy.
Shortly before midnight after a
hearing that had lasted nearly eight
hours, Judge Chetlain, in a lengthy
grafton, decided that both under the
common law and the revised statutes.
the court had inherent power to pro-
long the date of execution. The evi.
dence, he said, made out prima facie
case of insanity. 1t was apparent
that as midnight had been reached and
the day of executions was already
there, the trial on the question of in.
sanity could not be completed, even il
jury was impanelled before the
\ hour appointed for the hanging.
1t was due the criminal jurisprudence
of the state that this matter should
have calm, deliberate consideration.
The law plainly laid down the fact
that the court might prolong the time
in case of this kind. And it should
not be said that court was left pow
erless to act simply because the hour
of execution had almost arrived. He
would therefore grant stay for two
weeks, or until April 6, in which period
the sanity of the prisoner would be
carefully tried by q jury.
Previous to the courts rendering it.
decision, Rev, Father Dore, who has
ministered to the condemned man since
his conviction, was put on the stand
and testified his conviction that Prem
dergast was insane, and that his ment.
al condition was daily deteriorating g,
Ex-Assistant States Attorney w. S.
Elliott. who was in the room, was
appealed to by the condemned mans
attorney to make an address, and
responded in IL vigorous argument, in
which he lilsened the proceedings to a
midnight orgie on the eve of Good Fri
day, and compared the surrounding
to the mob and rabble that hastened
the crucifxion of the Saviour When
the judge announced his decision a
demoniacal grin took possession o.
Prendergast's countenance, and he
turned from one face to another with a
leer of satisfaction. He was quickly
ushered out of the courtroom and re
!. turned to Jail.