In Re Kemmler
Supreme Court of the United States
ORIGINAL. On the 5th May, 1890, Mr. Roger M. Sherman filed a petition for an original writ of habeas corpus on behalf of Kemmler, accompanied by a statement in which he said: “ This is a motion for an original writ of habeas corpus.
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ORIGINAL. On the 5th May, 1890, Mr. Roger M. Sherman filed a petition for an original writ of habeas corpus on behalf of Kemmler, accompanied by a statement in which he said: “ This is a motion for an original writ of habeas corpus. “ The petitioner is under sentence of death in the Northern District of New York, under a statute of New York, which imposes the punishment of. death by the passing through his body of a current of electricity sufficient, in the opinion of the warden of the State Prison, to cause his death, which current is to be continued until it kills him ; the statute also…
1Opinion of the CourtChief Justice Fuller
delivered the opinion of the' court:.This is an application for a writ of error to bring up for .review a judgment of the Supreme Court of the State of New York, affirming an order of the county judge of Cayuga County, remanding the relator to the custody of the warden of the .State Prison at Auburn, upon a hearing upon habeas corpus. The judgment of the Supreme Court was entered upon a judgment of the Court of Appeals of the State of New York, affirming a previous order of the Supreme Court. The application was originally presented to Mr. Justice Blatchford, and, upon his suggestion, was…
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