The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1930-11-22
MAN LIVES 2 YEARS UNDER
DEATH SENTENCE; SAFE NOW
Judge Stayed Execution Until Further Orders; Condemned Pris-
oner Got Break When Juror Died and
Case Was Forgotten

Trenton, N. j., Nov. 22.-This is the
story Of Archibald Heron, who for
% years has lived happily in the val
ley of the shadow of death. All that
time. In the State Prison here, he has
awaited electrocution for a murder
committed when he vas 40. Now, at
II, he knows that he has cheated the
chair, and is proud of his unprece-
dented victory.
Since Heron went to the bleak
little death house, 81 others have
passed through it to oblivion. Sew
eral times 1t seemed that the calm
little man, who had boosted that he'd
beat the rap" would have to join
them. But, alone and penniless, he
squirmed through a maze Of techni-
calities. finally to have the trial judge
delay his execution until further or
derS."
Then the judge died.
So Archie lives, and smokes, and
thinks about the one great triumph
of his drab career. He has been for
gotten by society. and by the state
Even in the prison here, a voluntary
hermit in his tiny cell, he is almost a
mythical figure.
No Ruling Sought
Archie is grateful for this obscurity
1t remains his assurance of safety. If
anyone sought a supreme court ruling
on his status, it might reveal that the
door to the death house and it's cleo
trode chair still stands open for him.
Heron is a murderer. There new
or was any question of his guilt. In
July, 1908, he had been hailed before
the Rev. Samuel B. D. Prickett, re-
tired minister and acting justice of
the peace in Metuchen, near New
Brunswick. The charge was disorder
ly conduct. and Heron was jailed.
Immediately after his release, he went
to DR.. Prickett's home and shot him
dead.
On July %, 1908. Justice James j.
Bergen, in Middlesex County court,
sentenced Heron to die during the
week of September Z. Five days later
a writ of error brought a stay of exc
cution. and Justice Bergen then
named the week of Jan. Is, 1909.
At this time there arose q question
of Herron's sanity, and a 30-day re-
rrieve came from Governor Fort, who
later extended it another month. On
March rs. however, the governor or
dered that the electrocution. take
place within IL days.
Questioned His Sanity
But the records show that shortly
after this order was issued, another
came from Justice Bergen directing
an inquiry into Herron's sanity.
Prominent aienists were brought
from New York and Philadelphia, and
because their findings were inconclu-
Sive. the trial Judge, on June 2, sus-
pended the execution until further
orders"
This was the loophole through
which Heron escaped death. For
Justice Bergen died in 1928 without
issuing any further orders" And &C
cording to New Jersey law. the sem
fencing jurist must set the week of an
e~lectrocution.
Archie used to tell me that he'd
beat the death sentence" said. Irving
G. Bleam, who has been prison clerk
Tor % years. Il remember him well,
from the time I checked him in. I'D
talk to him. sometimes, before the
doctors arrived, and he always seemed
perfectly rational.
But as soon as the alienists came
he'd start acting queer. He'd scream
and cuss Ike a crazy man. The hear
ings dragged on for five years and
ended In a deadlock. But I never
could see but that Archie was as ma
tural as anyone else.
"Star Boarder" Now
! Pretty soon everybody lost inter
est. The doctors wouldn't agree. ano
nobody felt like stirring up another
long investigation. Archie didn't give
Z bit OF trouble. I guess he'll be on,
star boarder as long as he lives"
The death house only held six men
SO Heron was moved to q regular cell
dock to make room for less fortunate
men. But he remained technically a
Death house inmate and, as such, con-
tlnued to enjoy those few personal
privileges granted the condemned
Archie hasn't done a lick of work in
% years.
He might demand, and receive. the
better food that is the death house