Evening journal., 1904-06-04
SHERIFF STIDHAM
WILL NOT APPEAL
Rumor That HeiWould Ask
Supreme Court for Decision
Is Denied
GANIEICOURT TORULEONQUESTION
There is Now Much Discussion as to
Whether or Not, Under the Work.
house Act, Warden meserve Should
Whip.

Sheriff Emmit f. Sudham will not
take an appeal to the Supreme Court
to have the law creating the workhouse
and especially that portion regulating
the inhiction Of punishment interpreted
because he has been ordered by the
court 10 hang John Joiner.
Ii has been intimated In several of
the local papers that he would take
an appeal, but this the sheriff denies
He desired the court to pass on the
law regarding punishment OF prison-
ers and it was for this reason that his
attorney. George A. Elliott was before
the court previous to sentence being
pronounced on Joiner.
Since the court delegated the sheriff
70 hang Joiner there has been consider
able discussion among the members Of
the bar ON the subject There now
seems to be a question as to whether
or not under the present circumstances
and under the decision Of the court.
the warden at the woTkhouse has the
legal right to whip prisoners.
Section OF the workhouse act pro-
vides that the trustees Of the work
house shall have accommodations for
all prisoners sentenced TO terms OF im-
lprisonment and continuing, says: "As
soon as the said buildings shall be
completed and within ten days after
notice In writing Of such completion
shall have been served upon the sheriff
OF New Castle county by said trustees
the sheriff shall deliver TO the truss
tees at said buildings all the prisoners
in the Jail or in his charge under sem
tence Of imprisonment for a certain
term and all others held by him on
commitment The sheriff Is hereby
expressly authorized and directed TO
mike such delivery. Whereupon the
said trustees shall take charge and
Y control sueh prisoners and safely keep
them for the residue of their terms Of
Imprisonment respectively. or until
they be duly discharged. With respect
TO all such prisoners, and also with
q respect 10 the workhouse and lands
the said trustees are hereby clothed
: with all the powers heretofore vested
by law in the sheriff Of New Castle
= county in the commissioners of the
Jail Of said county and In the Levy
3 Court"
Section II of the laws OF Delaware
] in regard TO death sentence. which has
been a law here for over 100 years
5 reads as follows.
! 1T will be the duty OF the sheriff OF
his deputy. or in case the Office OF
sheriff be vacant. OF the coroner. to
observe and execute sentence Of death
according to the judgment of the Court
OF oyer and Terminer. at the time ap-
! pointed by the court; and a certified
4 copy OF such sentence shall be his
( sufficient warrant; and in that case the
- act or warrant of the Governor shall be
3 observed and obeyed."
1t seems to be the general opinion
s that the workhouse act does not repea'
this old law. and II that IS true the
y warden is said TO have no right to whiI
: prisoners.
Section % Of general provisions con-
y cerning crimes and punishments. ir
, Laws of Delaware has the following tS
r say regarding whippings:
The punishment OF whipping shall
be inflicted publicly BY strokes on th'
bare back well laid on. It shall b'
done by the sheriff or his deputy; or b.
a constable"
1t is thought the law viii be changed
at the next session OF the Legislature
making IL the clear duty Of the wardei
to whip and hang criminals.
In the meantime il is thought tn
court will delegate the sheriff OF on
Of his deputies TO whip prisoners o.
Warden Meserve may be appointed
> constable and in that case he could ad
. minister the punishment.