Omaha daily bee., 1894-03-23
HIS EXECUTION POSTPONED
Laws Delay Has Again Been Invoked to
Save the Neck of an Assassin.
PRENDEReAST YET HAS A CHANCE CT LIFE
Action Taken on "a specia, Provision of the
Law After the Federal Judges Had
Denied Their Aid-WilI Not
Hang for Week.

| assassin Of Mayor Harrison. Wher
| the United States court of appeals opened
| Judge Jenkins, Woods and Baker were Oh
| the bench. They announced the petition OF
| Prendergrast's attorneys for a writ of habeas
corpus was refused. The reason given was
that the application disclosed only the same
grounds for relief that had been presented
/ to the Illinois supreme court
An exception to the decision of the court
was taken by the defendants attorneys
| whereby they reserve the right to take an APP
| peal to the United States supreme court.
| But this did not end the attempt to save
the assassn's life. For, to the surprise of
the community at large, new loophoe was
discovered by Prendergast's attorneys and an
| attempt to utilize was made Immediately
| after the decision of the federal judges was
| announced. The attorneys decided to raise
the question of Prendergast's sanity under
| a special statute of the state. Attorney
| Gregory proceeded Immediately to make a
last effort to at least postpone the execution
until the mental condition of the condemned
| man could be passed upon by a jury of his
peers.
| The decision of the United States cir
| cult court was read by Judge jenkins. II
| represented, however, the opinions of Judges
| Woods, Seaman and Bum, as well. Judge
| Baker did not participate in the decision, as
! he was not present when the argument was
! made by Attorney Gregory last night
| Judge jenkins spoke quietly and deliberately,
| saying: "'rhe defendant alleges that in his
conviction for murder by the state court
there were certain errors First that the
/ right to appear and testify in his own be-
half was denied second, that judge of
the criminal court was allowed to testify
to the appearance and bearing of the de-
fendant and defendant before him, touching
his mental condition at that time; third,
that the jurors trying his case were separ-
ated contrary to the order of the court;
fourth that the court in his charge to the
jury withdrew from their consideration the
question as to whether the petitioner had
killed the person as alleged in the indict-
ment, stating that this was conceded by
the defense and charging them to consider
only the question of his sanity"
1--WE are of the opinion, continued Judge
Jenkins, glancng at the paper containing
the argument of Attorney Gregory to which
he had been referring, that the petition for
the writ of habeas corpus must show that
the court without jurisdiction of the
person and the subject matter in the case;
or that the court, being competent to render
decision, was in excess of his jurisdiction
This cannot be writ of error. The objec-
tions, however availing-they might be in a
writ of erI or do not concern the question OF
such jurisdiction and are not availing here
upon application for a writ of error. The
application for writ of habeas corpus is
therefore overruled."
DID NOT PROTEST THIS TIME.
Prendergast was exercising in the Jail
when the news of the latest move in his
behalf was sent to him. I'm surprised,
was his comment. During the trial he
argued strongly and freely against the in
sanity plea and declared that it was unwar-
ranted and adopted over his protest. He
did not renew these statements today. Prem
dergasts attorneys will try to show the as
sassin Is now insane. This proceeding was
tried in the case of Lingg, the anarchist,
but failed.
All arrangements were completed this
afternoon for double execution tomorrow,
Prendergast and Buff Higgins to be the
victims. party from Joliet, including E.
NJ Allen son of Robert l.. Allen, warden
of the penitentiary, and w. II. Clare visited
the Jail today. They were admitted to
Prendergast's cell.
When you get to Joliet we will give
you better place to stay than this Mr..
Allen said to Prendergast.
The remark pleased the murderer. The
possibility of escaping from the scaffod TO
term in the prison had a most cheering
effect on him. 81 still have hope" said
he, "and l am going to keep on hoping"
Prendergasts looks indicate that he is
very hopeful He sat in a chair in the
rear of his cell, where visitors in the cage
below could not see him, and spent hours
looking straight ahead,
The section of the Revised Statutes under
which application for an insanity trial was
made reads: "And if after the judgment
and before the execution of sentence such
person becomes a lunatic or insane, then in
case the punishment be capital the execution
thereof shall be stayed until the recovery of
said person from the insanity or lunacy. In
all of these cases it shall be the duty of the
court to empanel jury to try the question
whether the accused be at the time of EN-
paneing sane or insane.
SECURED THE STAY.
When the federal judges announced they
would not grant the appeal for the writ of
habeas corpus in the case of Prendergast
the assassin's ,,orneys renewed their efforts
by raising the question of their clients
sanity. The point now raised is that Prem
dergast become insane since the trial, so
they applied to Judge Chetlan and he con-
sented to hear arguments to show that he
could properly take the matter up. 1t was
nearly 1890 tonight before the attorneys con-
cluded their opening arguments and Judge
Chetlain decided that he could rightfully
take the case Having heard the argu-
ments. Judge Chetlain announced his decl-
sion, extending the time of the execution
OF the sentence two weeks to April 6, and
setting the commencement of the trial of the
question as to the prisoners sanity for Satur-
day morning. at 10 o'clock. The ground
upon which the court granted the stay was
the testimony of two witnesses who stated
that Prendergast has become insane since his
trial and sentence
GILL WOULD NOT ACT.
SPRINGFIELD, Ill., March 22-Acting
Governor Gill arrived here today and as
sumed charge of the executive office at noon
Attorney S. S. Darrow of Chicago, represent
ing Prendergast, made an argument before
Acting Governor gill at p. m. this after
noon asking for executive clemency for Prem
dergast ON the ground of insanity The gen
eral opinion is that Acting Governor Gill will
not interfere in the matter.
AT the request of Attorney Darrow Mr.
Gill postponed the hearing until his conferee
attorney, Richard Wade, could be present
AT p. nj. Darrow wanted a hearing with
closed doors, but this request Mr.. Gill re-
fused
Acting Governor Gill, after hearing the
arguments of counsel and examining the
petition for a reprieve for Prendergast, de-
cided not TO interfere with the execution.
For the Benefit OF DepOsitors.
SAN FRANCISCO, March 22.-At a meet
inc nf the directors nf tha papinc hnnly