kemmler
argued
decided
may
roger
sherman
petitioner
chas
tabor
atty
respondent
fuller
application
writ
error
bring
review
judgment
state
new
york
affirming
order
county
judge
cayuga
county
remanding
relator
custody
warden
auburn
upon
hearing
upon
habeas
corpus
judgment
entered
upon
judgment
appeals
state
new
york
affirming
reprevious
order
application
originally
presented
justice
blatchford
upon
suggestion
permitted
made
open
heard
upon
full
argument
writ
error
highest
state
allowed
right
sent
session
hearing
opinion
apparent
upon
face
record
issue
writ
result
affirmance
judgment
spies
illinois
sup
writ
habeas
corpus
allowed
day
june
made
returnable
county
judge
cayuga
county
petition
filed
one
hatch
stated
lliam
kemmler
otherwise
called
john
hort
imprisoned
restrained
liberty
auburn
prison
city
auburn
county
cayuga
state
new
york
charles
durston
agent
warden
auburn
charge
thereof
committed
detained
virtue
judgment
decree
final
order
process
issued
judge
case
courts
judges
exclusive
jurisdiction
laws
acquired
exclusive
jurisdiction
commencement
legal
proceedings
committed
detained
virtue
final
judgment
decree
competent
tribunal
civil
criminal
jurisdiction
final
order
tribunal
made
special
proceedings
instituted
cause
except
punish
contempt
virtue
execution
process
issued
upon
judgment
decree
final
order
cause
pretense
imprisonment
restraint
said
william
kemmler
otherwise
called
john
hort
according
best
knowledge
belief
petitioner
indicted
grand
jury
erie
county
murder
first
degree
tried
therefor
oyer
terminer
erie
county
found
guilty
thereof
verdict
jury
day
may
thereafter
day
may
arraigned
said
oyer
terminer
sentence
contrary
constitution
state
new
york
contrary
objection
exception
duly
timely
taken
due
form
law
sentenced
undergo
cruel
unusual
punishment
appears
copy
pretended
judgment
warrant
mandate
hereto
annexed
made
part
petition
marked
virtue
imprisonment
restraint
claimed
made
deprived
liberty
threatened
deprivation
life
without
due
process
law
contrary
constitution
state
new
york
contrary
objection
exception
thereto
duly
timely
taken
imprisonment
stated
illegal
contrary
provisions
said
constitutions
warden
auburn
stateprison
made
following
return
duly
appointed
acting
warden
agent
auburn
stateprison
said
day
june
said
writ
habeas
corpus
served
upon
came
said
william
kemmler
otherwise
called
john
hort
custody
detained
stateprison
auburn
state
new
york
virtue
judgment
oyer
terminer
state
new
york
held
county
erie
day
may
duly
convicting
said
william
kemmler
otherwise
called
john
hort
murder
first
degree
true
copy
judgment
roll
aforesaid
conviction
hereto
attached
part
hereof
marked
said
william
kemmler
otherwise
called
john
hort
also
detained
custody
warden
agent
virtue
warrant
signed
hon
henry
childs
justice
said
william
kemmler
otherwise
called
john
hort
aforesaid
duly
tried
convicted
said
warrant
duly
issued
pursuance
aforesaid
conviction
compliance
provisions
code
criminal
procedure
relating
thereto
copy
said
warrant
hereto
annexed
part
hereof
marked
second
said
charles
durston
agent
warden
auburn
make
return
allege
advised
verily
believe
true
said
william
kemmler
otherwise
called
john
hort
sentenced
hereinbefore
set
forth
undr
go
cruel
unusual
punishment
contrary
provisions
constitution
state
new
york
constitution
allege
said
imprisonment
restraint
said
william
kemmler
otherwise
called
john
hort
deprivation
liberty
threatened
deprivation
life
without
due
process
law
contrary
provisions
constitution
state
new
york
constitution
alleged
petition
upon
said
writ
habeas
corpus
granted
allege
advised
said
judgment
conviction
hereinbefore
set
forth
aforesaid
warrant
punishment
deprivation
liberty
threatened
deprivation
life
said
william
kemmler
otherwise
called
john
hort
thereunder
fully
warranted
provisions
chapter
laws
valid
enactment
legislature
state
new
york
conflict
violation
provisions
constitution
state
new
york
constitution
hold
said
william
kemmler
otherwise
called
john
hort
virtue
authority
hereinbefore
set
forth
copies
indictment
kemmler
otherwise
called
hort
murder
matilda
zeigler
otherwise
called
matilda
hort
judgment
sentence
warrant
warden
execute
sentence
attached
petition
return
conclusion
warrant
pursuing
sentence
words
therefore
hereby
ordered
commanded
required
execute
said
sentence
upon
said
william
kemmler
otherwise
called
john
hort
upon
day
within
week
commencing
monday
day
june
year
lord
one
thousand
eight
hundred
within
walls
auburn
within
yard
inclosure
adjoining
thereto
causing
pass
body
said
william
kemmler
otherwise
called
john
hort
current
electricity
sufficient
intensity
cause
death
application
current
electricity
continued
said
william
kemmler
otherwise
called
john
hort
dead
upon
return
writ
county
judge
counsel
petitioner
offered
prove
infliction
death
application
electricity
directed
cruel
unusual
punishment
within
meaning
constitution
therefore
lawfully
inflicted
establish
facts
upon
pass
character
penalty
attorney
general
objected
taking
testimony
constitutionality
law
ground
authority
take
proof
objection
thereupon
overruled
attorney
general
excepted
voluminous
mass
evidence
taken
effect
electricity
agent
death
upon
evidence
argued
punishment
form
cruel
unusual
within
inhibition
constitutions
state
new
york
therefore
act
question
unconstitutional
county
judge
observed
state
new
york
language
almost
identical
provide
cruel
inhuman
punishment
may
remarked
passing
former
present
concern
prohibition
therein
contained
reference
punishments
inflicted
state
courts
crimes
state
addressed
solely
national
government
operates
restriction
power
supp
held
presumption
constitutionality
overcome
prisoner
appear
proofs
otherwise
beyond
doubt
th
statute
regard
infliction
death
penalty
provides
cruel
unusual
therefore
unconstitutional
punishment
force
electricity
sufficient
kill
human
subject
celerity
certainty
scientifically
applied
generated
therefore
made
order
dismissing
writ
habeas
corpus
demanding
relator
custody
respondent
order
appeal
taken
affirmed
judgment
county
judge
opinion
people
durston
id
competent
support
contention
relator
proofs
aliunde
statute
nothing
constitution
government
nature
things
giving
color
proposition
upon
mere
question
fact
involved
legislation
judgment
superior
legislature
authority
proposition
respect
questions
relating
either
manner
matter
legislation
decision
legislature
reviewed
presumption
legislature
ascertained
facts
necessary
determine
death
mode
prescribed
cruel
punishment
conclusive
upon
dwight
delivering
opinion
also
said
read
much
interest
evidence
returned
county
judge
agree
burden
proof
successfully
borne
relator
contrary
think
evidence
clearly
favor
conclusion
within
easy
reach
electrical
science
day
generate
apply
person
convict
current
electricity
known
sufficient
force
certainly
produce
instantaneous
therefore
painless
death
judgment
appeal
prosecuted
appeals
order
appealed
affirmed
said
opinion
question
involved
appeal
whether
enactment
conflict
provision
state
constitution
forbids
infliction
cruel
unusual
punishment
made
appear
law
conflict
constitution
argument
deduced
language
law
matters
take
judicial
notice
act
must
stand
testimony
expert
witnesses
admissible
show
carrying
law
enacted
legislature
provision
constitution
may
possibly
violated
determination
legislature
use
electricity
agency
producing
death
constituted
humane
method
executing
judgment
capital
cases
held
conclusive
opinion
concludes
follows
examined
testimony
find
little
warrant
belief
new
mode
execution
cruel
within
meaning
constitution
though
certainly
unusual
contrary
agree
removes
every
reasonable
doubt
application
electricity
vital
parts
human
body
conditions
manner
contemplated
statute
must
result
instantaneous
consequently
painless
death
term
appeals
appeal
relator
judgment
indictment
heard
judgment
affirmed
id
among
points
made
upon
appeal
sentence
imposed
illegal
unconstitutional
cruel
unusual
punishment
decided
case
appeal
order
consideration
position
untenable
act
unconstitutional
new
mode
adopted
bring
death
find
law
held
constitutional
oyer
terminer
rendern
original
judgment
appeals
affirming
county
judge
proceedings
upon
writ
habeas
corpus
affirming
order
county
judge
appeals
affirming
judgment
appears
first
step
led
enactment
law
statement
contained
annual
message
governor
state
new
york
transmitted
legislature
january
follows
present
mode
executing
criminals
hanging
come
us
dark
ages
may
well
questioned
whether
science
present
day
provide
means
taking
life
condemned
die
less
barbarous
manner
commend
suggestion
consideration
legislature
legislature
accordingly
appointed
commission
investigate
report
humane
practical
method
known
modern
science
carrying
effect
sentence
death
capital
cases
commission
reported
favor
execution
electricity
accompanied
report
bill
enacted
became
chapter
laws
page
among
changes
section
code
criminal
procedure
new
york
amended
read
follows
punishment
death
must
every
case
inflicted
causing
pass
body
convict
current
electricity
sufficient
intensity
cause
death
application
current
must
continued
convict
dead
various
amendments
made
necessary
considered
sections
act
follows
nothing
contained
provision
act
applies
crime
committed
time
day
act
takes
effect
crime
must
punished
according
provisions
law
existing
committed
manner
act
passed
provisions
law
infliction
penalty
death
upon
convicted
criminals
existence
day
prior
passage
act
continued
existence
applicable
crimes
punishable
death
may
committed
time
act
takes
effect
crime
punishable
death
committed
beginning
day
act
takes
effect
must
punished
according
provisions
act
otherwise
sec
acts
parts
acts
inconsistent
provisions
act
hereby
repealed
sec
act
shall
take
effect
first
day
january
one
thousand
eight
hundred
shall
apply
convictions
crimes
punishable
death
committed
date
kemmler
indicted
convicted
murder
committed
day
march
therefore
came
within
statute
inhibition
federal
constitution
upon
passage
ex
post
facto
laws
application
section
art
constitution
state
new
york
provides
bail
shall
required
excessive
fines
imposed
shall
cruel
unusual
punishments
inflicted
shall
witnesses
unreasonably
detained
eighth
amendment
federal
constitution
reads
thus
bail
shall
required
excessive
fines
imposed
cruel
unusual
punishments
inflicted
fourteenth
amendment
provided
persons
born
naturalized
subject
jurisdiction
thereof
citizens
state
wherein
reside
state
shall
make
enforce
law
shall
abridge
privileges
ties
citizens
shall
state
deprive
person
life
liberty
property
without
due
process
law
deny
person
within
jurisdiction
equal
protection
laws
cone
nded
eighth
amendment
intended
apply
urged
provision
fourteenth
amendment
forbids
state
make
enforce
law
shall
abridge
privileges
immunities
citizens
prohibition
state
imposition
cruel
unusual
punishments
punishments
also
prohibited
inclusion
term
process
law
provision
reference
cruel
unusual
punishments
taken
act
parliament
entitled
act
declaring
rights
liberties
subject
settling
succession
crown
rehearsing
various
grounds
grievance
among
others
bail
hath
required
persons
committed
criminal
cases
elude
benefit
laws
made
liberty
subjects
excessive
fines
imposed
illegal
cruel
punishments
inflicted
declared
bail
required
excessive
fines
imposed
cruel
unusual
punishments
inflicted
wm
mary
declaration
rights
reference
acts
executive
judicial
departments
goverment
england
language
question
used
constitution
state
new
york
intended
particularly
operate
upon
legislature
state
whose
control
punishment
crime
almost
wholly
confided
punishment
prescribed
offense
laws
state
manifestly
cruel
unusual
burning
stake
crucifixion
breaking
wheel
like
duty
courts
adjudge
penalties
within
constitutional
prohibition
think
equally
true
eight
amendment
application
congress
wilkerson
utah
justice
clifford
delivering
opinion
referring
blackstone
said
attend
effort
define
exactness
extent
constitutional
provision
provides
cruel
unusual
punishments
shall
inflicted
safe
affirm
punishments
torture
mentioned
commentator
referred
others
line
unnecessary
cruelty
forbidden
amendment
constitution
punishments
cruel
involve
torture
lingering
death
punishment
death
cruel
within
meaning
word
used
constitution
implies
something
inhuman
barbarous
mere
extinguishment
life
courts
new
york
held
mode
adopted
instance
might
said
unusual
new
assumed
cruel
light
common
knowledge
stamped
certain
punishments
legislature
say
manner
sentence
death
executed
act
passed
effort
devise
humane
method
reaching
result
courts
bound
presume
legislature
possessed
facts
upon
took
action
evidence
taken
aliunde
statute
presumption
overthrown
went
expressed
opinion
upon
evidence
legislature
attained
act
object
view
passage
decision
state
courts
sustaining
validity
act
state
constitution
decision
title
right
privilege
immunity
specially
set
claimed
petitioner
constitution
treating
involving
adjudication
statute
repugnant
federal
constitution
conclusion
plainly
right
justified
ing
writ
upon
ground
error
might
supervene
therein
fourteenth
amendment
radically
change
whole
theory
relations
state
federal
governments
governments
people
person
may
time
citizen
citizen
state
protection
life
liberty
property
rests
primarily
amendment
furnishes
additional
guaranty
encroachment
upon
fundamental
rights
belong
citizenship
state
governments
created
secure
privileges
immunities
citizens
distinguished
privileges
immunities
citizens
indeed
protected
privileges
immunities
arising
nature
essential
character
national
government
granted
secured
constitution
cruikshank
cases
wall
hurtado
california
sup
pointed
justice
matthews
speaking
words
process
law
used
fifth
amendment
regarded
superfluous
held
include
matters
specifically
enumerated
article
phrase
employed
fourteenth
amendment
used
sense
greater
extent
due
process
law
fifth
amendment
referred
law
land
derives
authority
legislative
powers
conferred
congress
constitution
exercised
within
limits
therein
prescribed
interpreted
according
principles
common
law
fourteenth
amendment
words
refer
law
land
state
derives
authority
inherent
reserved
powers
state
exerted
within
limits
fundamental
principles
liberty
justice
lie
base
civil
political
institutions
undoubtedly
amendment
forbids
arbitrary
deprivation
life
liberty
property
secures
equal
protection
like
circumstances
enjoyment
rights
administration
criminal
justice
requires
different
higher
punishment
shall
imposed
upon
one
imposed
upon
like
offenses
designed
interfere
power
state
protect
lives
liberties
property
citizens
promote
health
peace
morals
education
good
order
barbier
connolly
sup
enactment
statute
within
legitimate
sphere
legislative
power
state
observance
general
rules
prescribed
systems
jurisprudence
legislature
state
new
york
determined
inflict
cruel
unusual
punishment
courts
sustained
determination
perceive
state
thereby
abridged
privileges
immunities
petitioner
deprived
due
process
law
order
reverse
judgment
highest
state
new
york
compelled
hold
committed
error
gross
amount
law
denial
state
due
process
law
one
accused
crime
right
secured
constitution
hesitation
saying
upon
record
us
application
writ
error
denied
footnotes
body
liberties
massachusetts
colony
new
england
language
used
bodilie
punishments
allow
amongst
us
none
inhumane
barbarous
cruel
laws
mass