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  • Publication Name: Trenton Times
  • Location: Trenton, New Jersey
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Trenton Times, The (Newspaper) - March 22, 1890, Trenton, New Jersey VOT- VI IT. NO. TKKNTON, GATUKDAY AUTKKNOON. MARCH isoo. i'WO I UNUSUAL BUf NO I CRUEL Keuiiiiler's Death Knell Sound- ed in New York. ELECTROCUTION IS LAWFUU sue Conn llnMoiinlltv of State'. New Method ol Execution for Murderer. Sustained by the Court of Last Must Die. AIBANY, Murch Tn the case of the people ex rel William Kemmler, appellant, Charles F Durston, warden of Auburn prison, respondent, the court of appeal. handed down a decision rfffli mlng the judg- ment of the lower court Judge Den O'Brien gave an opinion, in which he says: "Ihe relator, In his petition for a writ of habeas corpus, stated that the cause or pro of the i mprieonment complained of was that after hta indictment and trial for the urlrne of murder in tbe first degree, and his conviction thereof In the court of oyer and tei miner, he was sentenced by the court to undergo a cruel and unusual punishment for that crime, contrary to the constitution of the state irad of, the United States and was threatened with deprivation nf without due process of law by reason ot inch illegal sentence of the court The Warden's Defense. "The writ was duly served upon the re- spondent, who mada return thereto that he detained the relator in hi. custody by vir- tue of the judgment of the court of oyer tei miner, held iu Erie county, whereby the rotator was duly convicted of the crime of murder in the first degree, and alsp by vir- tue of a warrant duly delivered to him nnder hand and seal of the justice of tbe su- preme court presiding at the said court of termlner where the relator nut which recited the indictment, bfal, conviction and sentence of the relator, directed the respondent to same into effect. A Cruel aud Unnsual Punishment. "Thi. command direction to the war- don was in with the sentence ac- tually pnssed upon the relator after convlo- ttrm On the retnru of the writ counnel for the relator offered to prove that the infliction of the penalty named in the sentence name- ly, death by the application of electricity, a cruel and uuuiuul within meaning of the constitution, and cannot, therefore, be lawfully inflicted. "The attorney general objected on the that the court hnd no authority to proof in regard to the conntitutionallty of the statute. This objection was overruled by the county judge, and the counsel for the rtifjective parties agreed that a referoo be appointed for the purpose of taking the tes- timony in pursuance of the offer. The re- sult was that after a hearing upon the report of the referee tbe county judge the writ and remanded tbe to the uustody of tho respondent Death by Electricity. "When it appeared from the retum of the Dependent that be detained the ralator in vustody under and by virtue of a judgment of a court of competent jurisdiction, where- in the relator was convicted of murder, it ir" the doty of the county judges to dlsmlw the writ and remand the relator to the cus- tody of the warden of tbe prison, unless it should be shown that the court of oyer and twiiiinrr was without Jurisdiction to pan; the sentence which it did. It is not denied that the court had such jurisdiction, pro- riding that the legislature bad power nnder the constitution to enact chapter 489 of the laws of 1888 relative to the Infliction of the death penally. "Prior to the pun-sage of this statute the jjiinigbment by death in every waj to be inflicted by hanging. This provision of law was changed by the amendments of tbe code above referred to, and now the section (505) commands the infliction of the death penalty hy electricity. The Aot'8 Constitutionality. "The only question Involved in this ap- peal is whether this enactment is in conflict with the provisions of the state constitution which forbids the infliction of cruel and Dsiial punishment (Con. Art 1, This borrowed from tha Rngii.h passed in the first year ot the reign of and Mary. It (hat cnulve Ntll onght not to be reqnlrarl, nor erccBiive fines Imposed, nor cruel and nn. usual pnnlahment inflicted. When stat- ute was made a part of the constitution of the United States the word 'ah.lp sub- stituted for the word and in form It first appeara In the of thi. state adopted in 1846. It Is not very clear whether the provision, as it stands In our constitution, was intended as an admo- nition to the legislature and the or a restraint upon legislation Inflicting liimiBbment for u Imlnal offense. statute referred to was enacted in England it not intended ai a check npou the power of parliament to such pan. (or crime considered piopejr. History of the Vrofhilon. enactment did not deny any law emitting, nor did it mitigate the hwdnojs of criminal punishment in that country (or more than half a century after it ajigefred., ou "A. were punishable by death, many of which had not boen so punished before bill of rights paid 'me ascension to of a dew prince was the cause of enactment of the new law, and It was simply a declara- tion of the way the people wanted the gov- But whatever origin, think that its prcoeuoe in the con-tltution of thi. state confers powers npon the to declftre null and void legl.latlve acts pro toriblag nnnsqql and ci uel punl.hmnnt In foot Tfcls is power evoked againrt the amendment to the code of or'mlnal nre above to by the for relatort interesting of groat po- litlnai wnrch. of tHlegl-'ator niyH fie rite. putcd. amendment no pmi- Isbiuent for this death as heretofore, the only being in tbe mode of carrying it out Thednnth penalty must be accompanied by pain, rccortfd to only it is nee; 4-ry for tbe protection of society. The Lnw Declared Constitutional, "Tho relator to show that the mode is torturfl'in This argument wuifld apply with equal force to any untried method, and if carried oat would prohibit death penalty Every act of legis- lature mint bo presumed to be la with tbe fundamental law until proved con- Uary. Tho testimony of experts is not ad- m'l ible to show that some clause of the ooii'titutlon is violated If the act on Is not In conflict then extraneous proof J.nnnt be brought in Thecourt flndn that! moda proposed U not cruel within thn Meaning of the constitution, but uniifmij, AU agree with tho court below (hit It reihoVeu every re-sonablo doubt thnt "tin. application of electricity to the vitnl pirH 01 thXJiUniRn body under such in thmunmier by tho statute milt tvsult In instantaneous and crmso. quently piinle n d n. Crook thither again ir 1883 On this occasion be captured the whole baud or tribe of Chirlcahuns He next duced them to the habits of industry, and within throe years had them pnd neighbor- ing bands self supporting The army had nc more energetic olficer than the deceased gen eral, perhaps in the person ol Gen Miles, any othoi officer of rank wbc can be named in competition with him as an Indian fighter His last prominent act wai the selection of the coui t martial to try Lieut Steele for assaulting Private Wild Tn army circles Gen Crook is spoken ol with the highest rtgard as a brave solder, a good executive officer and an ixce lent com nmnder. The funeral will take place Sunday at 1 o'cloc at tlie Grand Pacific hotel, after which the body wnl be esco1 ted by military to the depot, where it will be placed on the 2.65 for Oakland, Md. ACCIDENT OR MURDERI Shooting Yonng Camphell Arrested for Hi. Sweetheart. T.KHiouiON, March 22 sad case of shooting has just occurred here, which reeu ted m the almost instant death of Misg Gertie Hiskey, a handsome girl, aged 16 JSars Webster Campbell, of Weissport, Pa., was paying his attentions to Miss His key. He says that after the other members of the family had retired, he removed a re- volver from his pocket and placed it on a bureau Toe weapon fell to the floor and was accidentally discharged The ball en- tered Misa Hiskey's brain and sue fell to the floor and soon afterwards expired The coroner's jury rendered a verdict that Miss Hiskey came to her death by a pistol wound at the hands of Webstar G'xmp- beil Two chambers of the revolver were found empfy, and it is alleged that, instead ot accident, Mioi ftlskey was shot by her lover Campbell was arrested and lodged In, Msuch CBunfc Jail When the family retired there was nothing in Campbell's conilnct to imll'-ato that he Intended to shoot the girl Tbe Sherman Case Goes to the Jury. BUFFALO, March 22. -At the Sherman trial Assistant Manager Loveridgc testified to several "mistakes'" as to wheat taken from the elevator aud not credited to car- goes. In one Instance the cargo of tho mill, went into the elevator as bushels of wheat, while the books showed quantities credited to tbe same cargoes ing out were more than bushels, wit- ncn was also made to acknowledge that a written statement made In tbe summer of 1888 as to the grain in store at the Dakota falsa to the extent of bushels. Stephen F. Sherman, the defendant, tben took the stand. He was of the as- sociated i levators. He visited the elevators dully Witness denied most emphatically that he had ever appropriated a cent that belonged to the elevator or taken any of the grain. He knew nothing of the bushels in question until after he was indicted He was not in any separate business of hfa own in the fall of 1888, and when of wheat were token from the Dakota there was no idea of diverting tbe proceeds of the sale from the owners of tbe associated ele- vators. The raw has gone to the jury. An Interesting Hanking Report. .AiTUnir, N. MBrcb 22 report of Oarlet M, freitvn, state superintendent of bunking, submitted yesterday, 127 Iviugi banks in of which are in active operation Their aggregate re- are total amount due deposit oig, showing an increase nttrjng the rear of The in- civf this year of ten millions above the avemge, notwithstanding the many loan building associations, shows a gratify- ing state of prosperity. Tbe state mperin- teMuenVof hanklug sent to all foreign building and Joan associations doing business In this state, notifying them to make a deposit advised by the attorney general's decision in the Chicago company. A Mall Agent's Clo.e Call. BnuiiNOHAK, Ala., March At HcCool, Miss., F G Blevins, a colored mall agent on tho Illinois Central railroad, narrowly 39 caped being killed. After be bad taken in the local mail sack and 'but the dooV of car sumo one rapped for adf iwion, He no attention to it and when tbe pulled out some unknown person fired two iomls of bmlmhot into tbe Window of the y to ascertain the origin of The Times' forgeries. Tn thi event of a refusal on tho part ot tbe gov eminent, the Parnellitcs will raisa tbe ques- tion in the debate on the estimates A Frencti Novel PAms, March 22 M Naquet has ros'gued his seat in the senate, stating as reason that he only entered the senate in order to secure a divorce from his wife. He regarded a seat m the senate as conferring him no particular honor and much preferirf) membership iu the chamber of deputing U he was recently elected by ol popular suffrage M. Naquet was jeered by his colleagues while he was speaking and ai he withdrew He is the last Boulnnglsl member of the senate Emperor Banquets Prince. BKKLIN, March 22 emperor t banquet 8t the schloss last night In bO'-or ol the Prince of Wales The emperor aworted Princess Frederick Charles into the banquet hall, and the Prince of Wales gave bis arm to the empress Among those pres'ut wer nr pati fnttsui haij Jtyjt b t i All in i Inlhipr fW fwof film's OnreprHlI' rR! Bolonoe IIRS achieved another triumph. Ask neighbor what lie or .he tMnks of It and en go and buy a bofie. REFEREE MEEKS SWORN Be Explain. III. Peculiar Lttgitl Method. In the Hack Dlvorio tine. NEW YOUK March 23 Weeks, tht referee m the Flack divorce suit was the principal witmsiin the coiisptiiu-) trml be- fore Julge Barrett yesterda) Judge Ful lerton inuilo au opening arKUriiLiit for the defense It was in the mum au appeal the sympathy 'he jury for the domestic suffering mid sonow of the indicted sheriff, as relatej m his statement before the grand jury read the previous day lie lauded Flack anil insisted that It woull bt proven that Mrs. Flack desired and assented to a divorte, and that she was amply ided for It would be shown, he added, that no de- pendence liattvcr could bu plut il on Mrs. Flack's testimony, as she hail contradicted herself and committed perjury ou tho stand Snwin M Gibbs testified that there never was a bettor man than Sheriff Flack t-he had sei.n Mrs Flack lik.9 a fish r Tredwell Cleveland a of the firm of Evarts, Choate Bean an and counsel for Mrs. Flack in hei pnsont suit against the sheriff fordivoico, testified that Benji mm Wright had informed him that he bad Mgned the complaint nml affidavit of regu larity on the euine day As thcirdatts were wldo apart and this sort of prof-ceding legally improper the statement was com.ul erediuipoi tant. He identi lied the signatuics to the pipoisj in Lho new nclion for divorce of Mr! Flack, which nere put in evidonci for comparison with signatures she denitd Morris a notary, testified to swearing lire Flack to the complaint in the original suit drawn up by Judge Monell Joseph Meelcs, the deAndaut, was thin called and admitted wi itmg the referee's oath of oiflco and the depositions of Mrs Flack on June 14 and hail afterwards sworn Mrs. Smith and Mrs. Cannon Subsequently he drew up in hie. own handwriting referee's report dat Hanged, tint Innoient FBAVKIIN U ManliJ F.I mind Nich olas (colored) agul IU, wan handed lieie for the murderous shooting of a young girl several months ago He met death coolly denied his guilt He asserted that the crime wua committed by his brother, who disappeared Boon tliu shooting Many believe this stmy, but a jury f mud Edmund guilty anil fiTed the punishment at death A Fatnl Wreck. Minni KTtm N, N Y March 2.1 sec- ond section of a freight train on the Ontario aud Western railroad bioke iu two at Hook- land Station, wrecking four cars. One ran into the depot, injuring the telegraph oper- ator Augustus Chase, a brakeman, of Walton, was thrown off a oar and died in three hours from his injuries. The fcutlre Town Threatened. HIGHLAND, Ills March 22 Herman Milliug company s mill is buruiug and will be a total loss Tlx entire town is threat- ened. Against InLreaMtng Laity Representation. CARLISIE, Pa, Maich ii, The cenliol Pennsylvania Methodist Episcopal confer ence considered the question of increasing the laity representation at the general con ference, and after a lengthy discussion of the subject voted agaiust tho proposed change The vote stood 41 for the change and 144 against. Mikes the lives at mnpy people causing distress alter eating, lick heartacSe, heartburn, loss of appetite, a gime" feeling, bad eotted _, tongue, and Irregulnrlty of Distress thaburtels Dyspajuladoes After not Ket well of Itself. It requires careful attention, and a remedy like Hood's which acts gently, yet efficiently. It tones the stomach, regulates the diges- tion, creates a good ap- petite, headache, refreshes the mind I hire been troubled with I bad but little appetite, and what I did I Ian I. distressed me, ot did m> iioai i mtle good_ After i Dtirn wauid have a faint or tired, all-guiie feeling, as though I had not anything. My trouble Was aggiavntod by my business, painting. Last Aniir spring I took Hood's 8ar- saparilla, which did wtOniOOn immense amount of good It gave me appetite, and my food relished nnd satisfied the craving I had previously experienced." GSOWHS A PAOB, 'Watertown, Mtvus. Hood's Sarsapariila SnMhy hjr I IOO Doses One Dollar Presents m the most clcfant form THE LAXATIVE AND NUTRITIOUS JUICE OF THE FIGS OF CALIFORNIA, Combined with the medicinal virtues of plants known to be most beneficial to the human system, foiwing an agreeable and effective laxative to peuna- nently cure Habitual Consti- pation, and the many ills de- pending on weak or inactive condition of the v KIOTO LltflR MD BOWELS. It tstt.winost excellent remedy known to TEM EftECTUALLY When Bilious or Constipated PURE BLOOD, REFRESHING 8HEP. HEALTH and STRENGTH NATURAI I V FOLLOW. Every one is using it and all nre delighted with it. A3K YOUR DRUQQ1ST FOR 1 MANUFAb I URBO ONLY Bt CALIFORNIA FIG SYRUP CO. BAH FRANCISCO, CAl. vv> vflor i t. ARK iRRIVISO AT un.brella IN THE Vllf, Youn.fvna' Celebrated Spring Styloa now on Sale HATTIM, State StrOOt. A RKMINDKR That we are ready to supply your for Spring Clothing. The reputation of our Clothing for neatness and durability will be steadily maintained, and our large business will keep the prices very low. CIiOTHING FOB MEN, YOU BOYS AND CHILISRKtf. A C. YATliS CO., IQ. _ SIXTH CHESTNUT STREETS, IIAiJ 'Jills MAN Bought hii panto of AMKKTOAN AND would not will how monk wlad whittled thiouth '-i't Wi clothing Bo.l md OB-M.O b. I BE8I lAILOR-MADE CIO I HIM At ranch 1 pA j Qar g, Itad.oi to-fey MPI.R o v f.ROOAlfl worth 913, 113 our HAhHl.R HUliM, 913, MM! for 99.60. for OKllditut to Snito OrucMti. uurraiNS MAHE 10 ORDRR. .on it b Ji h. jc til l wlik, right to I c i A 8 Eait Cor. wirran Bt, HAMMOND Equips LATMKfl in OOUM'JLNQ BOOM. Alttf NO OP TRAINING. NO -fnl T HO HOW8K1BB The Shoithand Offers iheveij (Mlitiw for acqnlring jq RAPID WAI.MS FANCY STORK- among which are new styles of Fine Hwleij and light TJader- WUT. Oar Hosiery tnt of poigonoii" dye stuffs, which is very geronn to the wearer of inferior grades of We wniiant onr goodR to give positive tisfeeliOD, both in quality and price. We have rectlted a complete line of Goods, fine Oloaka, Eobes and Everything for infants' wonr. Kid onr specialty, in the very best grades made. Bring yonr fine Pareeole and Silk Um- now for ooTeringK before the rush begins, to have them all rend; In time. Goto I'ANCY STOKK. CWY J. B. IIOBFN8ACK, J. urmwAitr, Box RO, N. J. 10 ia South O.oeaa LOOK OUT FUR BARGAINS We have purchased the store North of us and intend to build on the two lots I he lincsl '-'lore in fronton I git rid of our to do iht PHU.ADICI.PHIA, PA. The la Book- 01: BDWIN PI80HRR, I 11-lisJ'X-IlJ-J.'. -tlj "l.ato IHkf at Fauna. College ot DM1 I Fhlladelphla. Ecsl eanlpjM Dental Office In the State Bridge Work Irtlllclal Tooth on ALUMINUM and ooiilln---- l-m, Btldfte work on Aluralnnm rodnced pricw. Tsoth Bxtjftotod Suooooalully, Without pain, and without the use of .x ,elo. Bwnoteflto UliADY-MADIi CLOTIHNfil i i KJO MKHCIIANr lAH w ,j. to prnctloe, oipoala 10 NOiUH GFKHNH ;