The morning call., 1894-03-23
HEEDED THE APPEALS
A Chicago Judge Grants a Stay
of Execution.
But All Efforts for Executive Glenn
ency for Prendergast Were De-
MED by the Governor.

SPRINGFIELD. H., March pa fter the
refusal the Supreme Court yesterday to
grant a stay to Patrick Eugene Prender-
CAST. sentenced to hang at Chicago to-
IN orro~ for the murder of Mayor Harri-
son, the attorneys for Prendergast decided
to appeal to Cove nor Altgeld. Last even
ing c. 5. Darrow telegraphed the Governor
BeIoxl. Miss. ask ng him IT, grant res
pite. Governor Altgeld answered that he
declined to interfere with the duties be-
longing to the Lieutenant-G Governor of
Illinois.
A petition for respite was then drawn
uD by Mr.. Darrow. and he secured the
names of nine Circuit Judges of Cook
County. The petition asks for the request
on account of the doubt existing as to
Prendergast's sanity, and in order that a
full investigation and pardon might be
had. Lieutenant. Governor Gill was tele-
graphed at Murphys boro and answered
that he would hear the case to-day. He
arrived in this city at noon, but at Mr.
Darrow's request the hearing was post-
p0ned to $3.50 P. NJ, in order that Richard
Wade. another attorney for Prendergasi.
might be present. Darrow endeavored to
secure hearing with closed doors, but
the Governor declined.
Darrow presented the petition and
argued that Prendergast is now insane and
was at the time he killed Mayor Harrison,
and that it would be disgrace to hang an
insane man. He offered no additional
evidence. He pleaded that Prendergast
objected TO being hanged oD Good Friday
and on that ground alone clemency should
be shown him. He asked that stay of exc
cution should be granted until the Lieu
tenant Governor could fully examine the
evidence in the case. Attorney Wade
failed 10 arrive at P. NJ. and Lieutenant
Governor Gill postponed further hearing
till P NJ
Gill. after hearing the arguments of
counsel and examining the petition for a
reprleve for Prendergast, decided not to
interfere with the execution.
CHICAGO. March 22.-When the Federal
judges announced they would not grant
tie appeal for the writ of habets corpus in
the case of Prendergast the assassin's
attorneys renewed their efforts by rails ng
the question of their clients sanity. The
point now raised is that Prendergast has
become insane since the trial, so they D.
piled to Judge Chetlain and he consented
TO 6ear arguments to show that he could
properly take the matter up. 1t was nearly
0:30 o'clock tonight before they con-
cluded their opening arguments and Judge
Chetlain decided that he could not
rightfully take the case. Having
heard the arguments, Judge Chet-
lain announced his decision extending the
time of the execution two weeks. to Al I'll
6. and setting the commencement of the
trial as to the question of the prisoners
sanity at Saturday morning at 10 o'clock
The ground upon which the court granted
the stay was the testimony of Two wit
nesses who stated that Prendergast had
become insane since his trial.
Sheriff Gilbert was seen few minutes
ago and by his remark has added an ele-
ment OF uncertainty as to whether Prem
dergast shall hang TO-DAY or not. He
would not say what he would do beyond
that he would obey the orders of Judge
Chetain If his legal adviser should in
struct him that such would be the proper
course for him to pursue.