The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-09-24
THE MURDER TRIAL.
A Point of Advantage in Favor
of Friedrich.
IMPORTANT PAPER RULED OUT.
seherbring's Deposition mad INVISIBLE
Owners of Variety Dive Dis
solve Partnership.


a most decided advantage in the ruling out
from evidence of document containing the
murdered mans sworn statement as 70 the facts
of the shooting. paper which might of itself
hang the accused. The exclusion of an i'm
portant conversation between scherbring and ex.
sheriff Cochrane was also point In favor of the
defense The state closed its evidence and
rested, and the defense made beginning of its
case which bids fair to occupy two days in its
presentation.
The hearing of the case opened with ex-
Sheriff William Cochrane, who had not finished
his testimony on the day previous, on the
vitness-stand. He had been asked by the prose-
cutting attorney 10 relate second conversation
be had had with Scherbring at the hospital, and
the defense objected to the admission of the
evidence. Judge Humes withheld his decision
until yesterday morning, when he ruled that
the evidence was inadmissible.
The witness further testified that when he
brought Friedrich baekfrom Slaughter he went
Immediately to the hospital at the prisoners re-
quest At first he did not take Friedrich into
the wounded mans presence for fear OF exciting
bin. Later Friedrich went in and wished to
shake hands with scherbring, who refused to do
80, and rolled over in the bed TO avoid him.
The cross-examtnation of the witness was a
long and thorough one. After Mr.. Tyler's read
ing from the transcript of the former trial his
testimony to the effect that Scherbring had put
out his hand to Friedrich, Cochrane denied that
be had ever made such a statement, and as.
serted that the transcript was incorrect At the
hospital Scherbring said that Friedrich was the
man who shot him. When Friedrich said;
.Julius, how can you say such a thing?' the
wounded man had replied: aYes, you shot me
twice" The witness had searched Friedrich
and taken from him whatever he had on his
person. he did not remember taking q wallet
from friedrich which had on its pages memoir
anda Of orders for boots or shoes. II there was
any money taken from the prisoner it was locked
up and record kept of It
The witness was excused from further testi.
ncny until he could get his entry book and find
treeord OF the things taken from Friedrich.
Mr. Tyler here moved TO strike out all the evil
cence concerning Cochrane's first interview at
the hospital with Scherbring. and made an ar
gunent OF several minutes duration in support
Of his claims Judge Humes denied the motion
pstlike out
The next witness called was ". A. Harrine-
ton. He testified that on the evening of July IA.
ls7 he and his wife had gone out driving on
the Grant street bridge. Coming back they met
friedrich and another man. Afterward he saw
the other man at the hospital The meeting
look place just below where the railroad crosses
the bridge, about shutdown.
James 5. Quilter was called and testified as
follows; In the summer of 1887 was deputy
i
was out driving on the night of July IA, lss7. on
Grant street, and saw Friedrich at a saloon ON
Grant street bridge. / started out that night
In search of the murderer. The next morning
at Slaughter / arrested man on suspicion.
Afterwards went back to Slaughter and while
i was there friedrich came walking mp the
railroad track. / took dinner with Frederick at
the hotel. We talked OF the shooting and Fred
men told OF having been in Scherbring's COM
pany during the day. After satisfying myself
that friedrich was the man / arrested him. He
said II would be all right when he saw his
friend scherbring took Friedrich to the hos
pital where scherbring was. When we went in
Friedrich said, "why, scherbring, my boy.
what's the matterY and wished to shake hands
with him. scherbring rolled over and would
not take his hand. When Prosecuting ATTORNEY
Ronald asked scherbring who shot him he
pointed at friedrich and said, There's the
man"
On cross-examination the witness testified
that at the hospital friedrich said, "Why, julius,
how can you say such a thingi"
T. Z. Neuman testified as follows: In july.
1877, was in the grocery business. On the day
after the killing saw Friedrich out beyond the
big rock on Madison street / was driving
toward town when he crossed the stree. in front
OF me. going south. This was between s and 7
o'clock in the evening. I noticed the man be-
cause was looking out for him. I drove to
town Immediately and notified the sheriff. I
knew Friedrich by sight, because his shop was
Just across the street from where worked.
OBSERVATION-DISCLOSURES man was a hundred
yards away when l first saw him. He wore
sdark suit. drove up till was within twenty
i've or thirty feet OF him / knew it was the
DAY after the killing. because the sheriff had
gwen me the name aud desert ption of the man
ana asked me to look out for him Friedrich
made no attempt to conceal himself
hthe conclusion of Neuman's testimony the
count took q recess until 1:3o O'Clock, when ex-
snefif cochraue took the stand again. He was
SHOWN an entry book aud testified that IL was
not the book of original entrv, but one into
which the record had been transferred.
The entry in the book was dated July Is, 1887.
and gave Friedrichs name aud descriptions but
aid not show that any articles were taken from
him The prisoners attorneys made an effort to
SHOW that a portion OF the entry was erased. hut
oochrane denied that anything of the kind had
been done
testified that he had made the entries In the
book, and the erasure was merely OF u memoFan-
GUN concerning the fees ia the case. Some
times the articles taken from 8 prisoner were
entered on tae book aud sometimes they were
not
Cochrane was recalled again and was asked 10
Identify the book of original entry which WAS
placed in his hands. lie testified further that
he had offered a reward OF 500 for the arrest of
the murderer.
The next witness, Jacob Bruner, evidently did
not desire Friedrich sseq uttsI and took no pains
beoncesl his ieeiings he testified:
In the summer of 1857 had loeksmith shop
next door 10 Friedrich's shoe shop. There was
only thin partition between. saw Friedrich
aud scheroriug ST the shop between and
O'Clock ON the morning of the 18th. They went
away together. Ny partner and kept two re-
soeerS in the shop. On the day after seher-
oflng Was shot missed my pistol and have never
seen II since. Friedrich knew where IL wss
AepS lroomed at the same place with Fried
'sh ne was not there on the night of the i4th.
~ eross-e1aminGtion the witness testified:
Kept the pistol in the shop, sometimes
aansng on wire, sometimes In The drawer in
we workbench. Friedrich came into the shop
frequently. The pistol was an old-fashioned
eae which my brother brought from the old
country
The witness admitted that he was anxious 10
aase Friedrich convicted and hanged
II. ConnoFs gave the following testimony:
live at Slaughter. Was a merchant there
10 the summer OF 1857 / saw the defendant
there about four years ago. Deputv sheriff
e1ilter was there at the station. | saw him
when lie was arrested
Albert Farnum testified rs follows:
live uear the Grant street bridge; lived
there during the month Of July, lSS7 On the
night OF the 18th heard two shots. ran over
&c The bridge and saw seherhrlng. He had bean
shoi IN the head That was about clock in
evening
DISCRIMINATION; went over on the small
s'aee leading from the land 20 the Grant street
@age. There WAS no other way OF getting over
eS'ofe you got clear down as far the saloon.
soOh as heard the shot | ran over quick. l
49, .aa see seherbring till l went down the