The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1894-03-25

wAsHBuRNE was THREATENED
BIZ HIN MANY 1IMEs.


sgo. III. March u, Patrick Eugene
irgast may walk from the Jail
IN, according 10 the opinion of ex-
iJamieson. He declares the con-
assnssin Of Mayor Harrison lis now
fithout due process Of law. ana u
iisibesls corpus proceedings could re-
\ no other action than deilycrance
body OF the prisoner to his friends.
isme set for the execution OF the
lsnt against him has lnpsed, aud
he order Of the court having juris-
n was not executed during the tiln@
bed there IS no law in the books 10
the county authorities IN holding
lrgast.
luuHe says all this and much morn,
pm OF the law IN the case. fte ;ls..
Int Judse Cnetiein had no more
ny TO grant a stay OF execution
ny police Justice, and characteriges
IRE proceedings as most unusual, a
hunacr OF incaloniAhle INJURY anu
any eslatl IN aii the records of
|fnil law, The action results In maxi
subst'rIent hanging OF Prendergilst
Ter OF no legal foundation and IN
I'm unauthorized taking OF q human
simple murder OF a man now en-
% bis freedom.
lpolnplicNtion arises from a glarinE
reheuslon Of his lurlsdirtion on
; 4 OF Judge chetlain. according %
1ainiespn. lie IS convinced beyond
that the statute under which tho
was granted referred exclusively
powers OF the court IN which the
lie pendi1g.
llaec IN Which the application Tor
should have been made WIS ht-
le supreme court The judge, of
does not pretend that the su-
court would hive called a Jury,
Its common law power would have
III order FOR a Cook county court
then have been certified back %
jlpreme court. entered upon the
land prendergast hanged or sent
inaylun1. in accorhnuce with the
This case WINS IN the hands OF
lpreme court, Is there now, ana
Rnlyjt ehouli Mr.. Gregory, TIE NJ
& Tor Prendergsst have made ms
lion for a stay pending an IN
Iamicaoh then pointe ont that t
have been proper 70 make. sucn
lication to Judge Brentano hetcre
Aai hed pecn taken bnt wn .,,n 9 ,rIsss
"a 1urfsliciion over IL Wns LOSE
t,nn In the matter simply made
fChetlnifs and the g0yerupr OF
futhuritp ae 10 d respite i S.
upshOtr Of fhe whulr nlRttcr *
Illegal blrrder has been committed
Ii nj any tins Hereafter. 80 TAR 81
inc OF witch prengergast StAiiiA
81 Is concerned. d i10peas cpfpn4
ING viii give him his flill ltpertyf
III not the slightest doubt Hbout
sntasstls To reason if the statute -
xecuted Il must be executed ny =
IN wing itrIadtcuOn 10 exennte T.
II man tell me how Judge Chafiain
,isdlftlou when Judge iirentnnps
Il fudge, had lost his iui5Adictiohf
n man tell me how judge BrtntanO
81 authority to make any order IN
pending In the supreme conrtz
iuldnd. where does Judge Cltelan
authority
4 was eranted by the court having
linn. ana since the emergency does
wtfhiu any OF the exceptions
h q very serious question now az
lther i7rendergast mily ever pf
lavlum for tic offense Of whicn ~
snvintrd His csse does not fan
my OF the exceptions " when we
yides FOR an execution on su mp.
date. There Is not 9 sclntiaa
auee 20 show any autnoiNt1 WE
rhetlaia's order lie ain e1eul ~.
he governor had refrsel e ~
before and ~ g result ! shouin +
Birpriaed 10 see q hApeAh corpus
id Pren1ergast be MADE Tree <