The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1894-03-25
pBRaAsT NOT NOW LEGAL-
LIZ HELD.
wAHnBuRNE WAS rHRHArsNEn
By HIN MANY ZINES,
Mayor Does Not Bslsivs him Iasans.
nay Tsuds Said 10 Believe Hs Has
come Non oonspos Since the Trial,

$50. Ill. March N.-Pa;riclx Fneane
fsast may walk from the jnll a.
IN. according 70 the opinion OF cx-
d Jameson, ftc declares The COM
nssassiii OF Mayor Harrison h now
ihthput due process OF law. ara, a
Ahanens corpus proceedings could re-
no other action than lplltcrai,ce
BODY OF the prisoner 70 his frlcnda.
inc set for the execution Of NV
ent aslinst MIN has lnpsed. ana
igne order OF the court having Juris-
was not executed during the time
Ted there "a no law 10 the books to
the county authorities In holding
lrgnst.
iuuRe Says all thss and inuch more,
lrte his conclusion Upon Ills intnr-
on OF the law In the case. liz. to,-
ma JUDGE Chctlpin had no more
ny To- grant stay OF execution
ny police Justice, and clsnracfeflzas
lire pfoeeedifigA az most unusual, !.
hunaer uf iucplcuianle iuiurN and
x any equal In nlI the records 81
IAN law. The action rerultr IN ninlx-
SUBSEQUENT hanging OF Erendrrgast
Ter OF no Legal fclilldatson and ia
an unauthorized taking OF d human
simple murder OF a man now ems
- hie freedom.
cchplscatlon nrlaeg from glnfinx
renenslon of his Jurisdiction on
~ Of Judge chetiain. according 10
lnniesQn. lie h convinced beyond
I that the statute under which the
powers OF the court IN which the
lis pending.
Slnca 10 which the application Tor
3for Inquiry INTO lsrendergnet's in
.Hhould have been made WAS be-
ie supreme court Tho judge. OF
lcourt would have called d Jury,
its common lnw power would have
IN order for a Cook county court
ned In such u manner. Its hnuinEs
ihen have been certified back 70
Hpreme court. entered upon the
land Prendergast hanged or sent
iasvlum, in aceordnnre with. the
y This case NHa III The hands ~
lpreme court, Is there now. and
Snly should Mr. Gregory, tlIs -
\ Tor rrendsrgast, have made his
lion for stay pending an m
1anleson then points out That Il
have neen proper 20 nuke such
llication 70 Judge Breutano befure
bal had been taken, blit when once
n had been llfted From the triat
lion ii the matter simply mad,
fChcflnln and the governor or
iiufhorlty as to "a respite.
Il unshut~ Of Ale whole matter IS
illegal blunder has been committed
1T at any time heAsAft. so Ear az
me OF which PrenderEaef stands
Il Is concerned, 4 iiabenH corpus
5ng viii give him his tut lihcrfy.
Is not the slightest doubt about
iRtands 10 reason II tbe statute Is
sSsecnted Il must be eNecnsfd by p
having Jurisdiction % execute =.
n man tell me how Judge Cheflaip
iisdictlon when Judge Efen fnnqs
III fudge had lost his 5uftsdictip
III man tell me how Judge 3rentnno
Ell authority TO make any order "
Il pending In the supreme COURT
5nidna. whore does Judge Chetlaln
II nuthority2
4 was no respite BY the goFernpr,
4 wa3sS GRANTED BIZ the court having
7tion. and since the emergency does
II within any OF the exceptions
X Is a very serious question now us
athaf prendefEaSt may ever be
executed on even counned IN ~ Z.
isvtuin FOR tie Qifense Of which he
nvtcted, HIS crst does NOT fall
.inx OF che exceptions m which the
yidps for an execution on q Aute
dntc There vs. not sciiililil
snce 10 show my authority Tor
rhetiaih'e order. He did exnftly
Ia governor had refused 70 do
4 before. and as result should
ktlrprfed 10 see nNbenH corpus
nd Prendergnst be Mpde free