The herald., 1897-06-04
woRDEN's CASE
The Gallows Erected, But Execution
Delayed

FOLSOM, June 3.-Salter d. Worden
the cond demned train wrecker, has COM
/ pletely abandoned all hope OF saving his
| neck from the hangman's moose and is
perfectly resigned to his fate. He spent
the greater part Of the morning writing
farewell letters to relatives and friends.
Warden Aull depended upon the advice
of the Attorney and has gone
right ahead with the preparations for
the hanging, which wifi take place
promptly at 10 o'clock. tomorrow morn
ing. The gallows was erected in the
death chamber today. The cell in which
Worden will spend the last few hours
alive has been put In readiness, and he
Will be taken to it at an early hour Fri
day morning.
Worden's life has been saved tempo
rarily at least, his attorneys having been
allowed an appeal to the eupreme court
of the United States, and Attorney Gen
eral Fitzgerald having advised Warden
Aull not to hang Worden tomorrow.
Double precautions have been taken by
Worden's attorneys, who think there is
much confusion of law in regard to taxi
Ing an appeal from the district and cir
cult court of appeals, and to the supreme
court, OF TOUR appeals In all.
MOTION FOR APPEAL
SAN FRANCISCO, June 3.-In the
United States Circuit Court this morning
Judge Gilbert heard and denied the ap-
plication of attorneys for Salter D. Wor-
den, the condemned train wrecker, for a
writ OF habeas corpus based on purely
technical grounds. Notice of intention
to appeal from the decision of the court
was Immediately given and the matter
went over until 2 o'clock this afternoon,
At that hour motion was made for leave
to appeal to the Supreme Court of the
United States and, contrary to general
expectation, this was granted Worden's
attorneys insist that this order will have
the effect of preventing the execution of
the sentence tomorrow upon their client.
EXECUTION POSTPONED
SACRAMENTO, June S.-Warden Aull
of Folsom prison telephoned this even
ing that he had received message from
the attorney-general advising him not
to proceed with the hanging Of Salter
D. Worden tomorrow.
The attorney general said that his
written opinion would reach Folsom to-
morrow by mail.
Acting upon this advice the execution
will not take place.as intended. Warden
Aull says he has notified Worden and
has had the gallows taken down. The
law under which Worden is, permitted
to extend his lease of life, the warden
says. was passed by congress during the
reconstruction days in order to make it
possible in certain cases to reach the
FEDERAL supreme court over the heads of
the state courts in the south If 1t were.
matter, he says, in which the issue did
not involve human life he would prob
ably test its legality, but in this case as
state official he will be goverened by
the action of the attorney general. Az
the United States supreme court will not
meet till October, Worden will have al
least several months longer on earth.
DELIRIOUS WITH JOY
FOLSOM, June 3.-Salter d. Worden
was delirious with joy when he learned
this evening that he was not to be hanged
tomorrow morning for train wrecking.
At first the announcement dazed him.
and then he rose on his trembling lege,
and thanked Warden Aull for the, good
news The condemned man said that
while he was prepared to 20 bravely to
the gallows. he felt all along that some !
thing would be done to save him. The
announcement OF the stay, he said. made
him more nervous than he would have
been Il standing on the gat1owe. All the
preparations for his hanging had BEEN.
completed. Worden has BEEN returned
e ~ cell n murderers row.
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