The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-02-19
THE NIckERsHlm CASE.
4 Change Of Venue Is Denied by
Judge Burke.
Pour Aaaasvfts Piled Miss r.ns
1*r and Her Friends-Ihe jury
-other Court Frsesedisrs.

district court yesterday afternoon. by ia,
deputy prosecuting attorney in hisoyeuin,
argument in the trial OF Probate Judx.
hiekeEshxIas of Tacoma for TIE seduction
OF Miss sadie ~ Erxnfner. Ar the sxtur
day session Of c8s1rs this celebrated cas-
NEs Emt down on the d0ekss fog Aouas,
HaorslIbg- when courf was convened at
o,eiosk Yesterday the large crow6 that i.
alwaix attracted BIZ prar1ens sensation
allied the courtroom bat the case va nc,
csisezl, the attorneys for the desendan,
AaTing beea granted delay until AFTER
noon 70 prepare asfia&vits upon which sc
base q motion for q change Of venue &c
Pierce county.
TIE CASE sgocsHr Up.
II was not until nearly 8 O'Clock In The
afternoon that the case was reached. after
other matters OF lesser magnitude had
been disposed OF. Then Judge WICKER
sl1am drew up his chair 20 the table on one
side oil which were seated his attsrneys,
Aessni Judsou and sullivan. OF Tacofna
arc larnes III. Lewis, while On the other
sice were arrsyed District Attorney Ronald
and his assistant, aRd Messrs. Dooaiftle
and PrscnaFd, Of Tacoma, and District Al
.ofney ". u. Golner, of the Second judicial
District, who are associated In the prosecu-
non. Judge wickershan sat nervoasly in
nlH CHAIR during o conference between his
attorneys, and once leaned over 10 an a.
forney not connected with the case 20
Tnnke The remark.
When this thing IL over Ina going 60
ample,
Finally all preiiminaries were arranged
aud Mr. John r. Judson, tfse leading conn
sci Tor she defendant. arose 10 argue the
lcfion Tor change Of venue
REASONS Fog cHAxcg.
Aftidayits In support of the motion set
ting forth the facts substantially as follows
were first read:
Tbs affidavit OF John r. Judson sets fortl,
thst be was one OF the attorneys for the
defendant, and the leading counsel; that
all the defendants witnesses were then
present excepting tne. Mrs Belle Freeman,
who was seriously III at her home In Taco
ma; that Mrs Freeman was material and
very important witness for the defense
and that the affiant could not proceed with
the trial without her presence: that Mrs.
FrreEnan's physician had said her life
would be In danger II she were removed
20 Seattle before next Saturday, by which
time II was probable she would be well
enough TO attend court; that more than
fifty witnesses would be examined UPON
the trial. thst able counsel had been re-
taiEed 20 assist tie prosecuting attorney
and that the caHse would be closely con.
tested and that the trial would consume
many days. Also, that Monday next Is the
FIRST day Of the regular term OF district
court et Tacoma; that In the trial OF VIII
lian II, White for murder, there pending,
ono John Stone, brother.in-law of the man
killed. was necessary witness In this
trial; that IL was necessary that said John
Stone should DO in Tacoma next Tuesday
morning 20 asslst the prosecuting officer In
the trial OF White. Also that afiiant had
many eases pending in the district court
at Tacoma which required his personal at
tention; that all of the witnesses in this
cause. except five, live af Tacoma, or near
there that afiiant coaid not 70 10 trial be-
fore saturday next, and that time, costs
and expenses could be saved ii the case
could be tried at Tacoma.
aEwsPAfgE ACCOUNTS REFERRED TO.
The affidavit OF James II. Lewis set forth
that in The months OF last October and No
vember long and elaborate articles pnr-
porting to be carrecf accounts of the acts
and ofienses charged against the defendant
appeared In the Northumberland and
other papers OF seattle: that these papers
have large eifepiations and exert great In
fucuce upon their readers: that the I'm
pressiors and convictions expressed In
6fht4hN vi t4AE oHlhUt uAf OEND DU~EQ
wholly upon these newspaper accounts
which pnFported TO give the statement of
tho prosecutrix; that no Seattle newspaper
published any account purporfing 10 be
the statement Of the defendant. his eonn-
sci or friends; that only the side OF the
prosecution bad been made public through
The - 5. and that the opinions formed In
tile community had been based wholly
upon the same.
fhe affidavit Of r. G. Sullivan was in
referense TO the illness of Mrs. Freeman
and ccrtoborated the statements made in
the affidavit of hts associate, Mr. Judson.
The fourth aisieavit was that OF Judge
@fckersham himself, in which be deposed
that he believed the affidavits OF his coun.
sci t0 DO true that from the contents of
These asildayits and from his general In.
quiry and other Information obtained by
him. he believed he could not receive a fair
and impartial trial in tae county of King
or In the Third Judicial district
CHANGE OF yENuE DENIED.
Attorney Jnslson followed the reading OF
the afIidayits with vigorous argument for
the granting OF change Of vcaue on the
grounds set forth above. District Attorney
Ronald In reply held that the sffidavits did
not set forth cause for 3 change OF venue
aud Judge Barke agreed with him In this
point BY everything the motion. As IL was
-.
Freeman. named ia the affidavit, was q
material and important witness. ii was de-
csded by stipulation between the ATTORNEYS
for the prosecution and defense TO proceed
with the case up 10 the point that her ties
iRony became necessary and to then lay
the matter aside until Saturday, when she
could be brought into court In person. OF
her deposition could he taken aud offered
In evidence
THE rgosgceTRIx APPEaRs.
AT this ianctefe Miss Brantner came into
the court Feom accompanied by thres
ladies wearing the white badges of ths
woman'H Christian Temperance Union
They we're given seats inside of the railins
attorneys were seated. Miss Brautuer wa,
plainly and nodessly dressed IN black, 4
white feather in her hat being the only
ornament about her apparel. She Ia !
comsly young woman about is years al
ase, rather slight and of medium height
with blue eyes and fair hair She showed
signs OF recent Illness or suffering; bat hel
face evineed Intelligence and some refine
meat. Throughout the time sac SAT In
court she nestled up against one of the
ladies " DO accompanied her as Il she de
pended on her for peotectien aud supper;
ia her trying position. Two other ladies
VINO we're said To be witnesses on the pari
44 tEt pftfstGQfs0A 4khtf4t IHNOlIE. &AE near
by, together with a clergyman IRON Ia
coma, who il also said 10 be Interested In
the prosecution
SELECTION OF JURORS.
The arawing OF the jury consumed near
~ two hours Each juror was ssked bis
name aud occupation. II he had read the
accounts OF fhe defendants alleged crime
ia the Seattle papers, If he had formed an
s..1f f~xSrs 3see- al S@ h..
had heare the case discussed, Il he was
acquainted with Judge Wickershsm, Miss
Rraniner or With Editor Radebaagh of the
Tacoma Lssieer stae last named ~ whom
appears, according to the movements Of
the defense. 20 be sniie factor ia the
easel. aud numerous other aDessiess. Two
of the first II Jurors called were challenged
for csase, by the prosecution. and the
other by the defense, and were excused
fra1a acFsIce On the iary by the eonrt
The prosecution issued one rrc-emp.ory
challenge and the defense five. When the
PLACES made vacant By these challenges
had hsea Tiled the jaEy stood ss follows:
A. ThuElow, mechanic. seattle !. Tick
nor, cavpe'ater. Seattle; J. q. Allen. steam
beat captain. seattle; q. e. Elliott. farmer.
Newcastle; NJ. Y. stewart, farmer: ]. +.
Bennett. mechanic, seattle. J. McRed-
mend. nteaanir, Seattle: j. LannigaH.
mechanic, seattle; Emil Holm. farmer. Il,
Guilty. bartender, seattle; J. Campbell,
seattle: Isaac Cade, Seattle.
After the jury had been sworn the prose
cutting attorney opened TIE case with q
statement af facts which the territory ex.
pScts - rsrnve and which have already
been fully set forth in the PosT ISrET.Ll.
GKScsR ia she story told hy Miss Rrsniner.
The presentation consumed az hour and .
hail ard the eoart adjourned a. its conclu-
sion
The opening for the defense VIII be
nRce hy Attorney .ladson fo-merTow a. 2
O'Clock and the hearing Of evidence on the
part III the prosecution viii then o<sin-