The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-05-15
i CELEBRATED CASE.
How Friederichs Escaped the
Hangman's Halter.
MURDER YELLED IN MYSTERY.
me Supreme Court Says the Charge to
the Jury Was Unjust and Gives
Him New Trial.

AIber. Friederichs, who for nearly four years
has been incarcerated in the King county Jail
nnder conviction of murder, is to have a new
trial. owing to an erroneous charge to the Jury
friederichs neck has been very near the halter
for all of this time, and only by the tireless eff
gorts OF his counsel has he escaped, while on
one occasion ii took the militia TO keep his head
an. of a moose a mob had prepared for him. The
case has peculiar history, and singular fatal
ity seems to have lowered over many OF those
Who were active in the trial of this celebrated
case.
Albert Friederichs and Julius scherbring were
friends aud companions in Germany together
wears ago, and leaving home and country they
zane TO America and enlisted in the United
states army, from which, it ia rumored, they de-
serted.
Various other mysterious rumors have been
afoat about the case, but the story as CLEANED
from the evidence shows that on the evening of
July IA, 1887, soon after sunset, these two COM
panions went out for n stroll together in the
south part OF town. They walked along on the
Grant street bridge, when persons in the neigh
borhood heard two shots fired in rapid success
sion and the cry OF "Murder." Friederichs was
seen coming over the bridge, but Scherbring was
not with him.
Two men who CHANGED to be near ran TO whero
the shots were fired aud found scherbring cling
ing to the railing of the bridge with blood gush-
ing from wound in the back of bis head. He
stated that he had been shot and robbed by foot
pads but subsequently said that his friend
Friederichs had done the shooting; that the rea-
son be would not tell the truth before was be-
cause Friederichs had been his friend and he did
not ike to give him away.
Friederchs was not seen that day, but as
Sheriff Cochrane had offered $500 reward for his
capture, a large number of persons were search
n - a4aAv
Slaughter while on bis way to Tacoma. He was
taken before Scherbring and identified as the
man who die the shooting. Friederichs, at the
bedside of his dying comrade, spoke very gently,
calling ScherbriDg by his given name and ask
ing him several questions about the shooting,
but scherbring insisted that Fricderichs had
done the shooting, saying: albert, you know
you shot me-"
"Juliut, how can you say such thing? You
know was your friend" said Friederichs.
The feeling against Friederichs ran very high,
and when Scherhring died threats OF lynching
were freely INDUCED in. The case was taken
before Chief Justice Jones and on November 16
OF the same year the jury returned verdict of
murder in the first degree, after being out only
four minutes. The charge of Judge Jones APP
pears TO have been too severe, however, for on
that point the supreme court saw fit to remand
the back to the court below and grant a
new trial. In doing so the supreme court said
The evidence on the part of the prosecution
was entirely circumstantial, but ii was clearly
stated, nninvolyed and straight to the point on
the other hand, the defendant rested entirely
upon his own denial, the testimony of witnesses
- to good character, and the absence OF proof of
motive.
The charge in such a case ought to have been
confined closely to the law applicable, with only
such allusion to the testimony as was necessary
this case long oral charge was largely devoted
TO an argument OF the very facts OF the case, in
which every material constituent of the terri
torys case but one was taken up, the facts dove
tailed together and conclusion oeduced and
announced to the jury; and the bounds OF a
legal charge were overstepped, greatly to the
prejudice of the defendant.
The opinion was delivered by Judge Stiles and
was concurred in by ali the justices.
Friederichs was sentenced on December 81, 1887,
TO be hanged on March %, 1883. A motion for a
new trial was subsequently argued before Judge
Jones and denied, and the case was then ap-
pealed to the supreme court, but before a bill of
exceptions could be prepared Judge Jones died.
Judge Boyle, who succeeded him, refused to
permit an appeal, on the ground that no bill of
exceptions had been preserved. Before any
thing further was done Judge Boyle died and
Judge Burke succeeded him, but before doing
anything with the case Judge Burke resigned
and Judge Hanford was appointed to I'LL the va
cancy.
About that time Prosecuting Attorney Newlin,
who had succeeded Mr.. Ronald and was looking
after the case, died, and Hon. J. A Stratton sue
ceeded him. The state then moved to dismiss
the appeal on the ground that no statement of
facts or bill OF exceptions had been preserved.
The matter was held in allegiance by the supreme
court for some time. Meanwhile Judge Hanford
was succeeded by Judge Lichtenberg. and J. A.
6tratton being made one of the judges of the
superior court +. M. Carr became prosecu ting
attorney and had the appeal dismissed on the
ground that no bill OF exceptions had been filed.
James Hamilton Lewis then made a motion
before Judge Humes, IN whose department the
criminal business came, asking the court TO
sign the bill of exceptions as made by the court
stenographer. Prosecuting Attorney Carr OPP
posed IL, and Judge Humes denied the mo-
ton on the ground that only the judge who
tried the case could settle the statement of
facts.
The case was taken before the supreme court
on the ground that the death of the judges
could not be urged against man charged
with a crime involving bis life. This was based
on the old English law, which provided that all
proceedings in lower courts could be taken up
in appellate courts without the certificate of
the judge who tried the case, and the evidence
OF the case, as certified to by the clerk of the
court would be sufficient.
Mr.. Lewis petitioned the supreme court for a
mandamus 10 compel Judge Humes 10 sign and
certify to the evidence as a bin of exceptions 10
the supreme court, the evidence having been
preserved. The supreme court sustained this
view OF the case, and upon the intimaton that
the mandamus would be granted, Mr.. Carr con-
sented 10 waive the formality of mandamus
and let the case proceed on the evidence as GER
titled and the twenty-six errors claimed by the
defendant.
John f. Miller next became prosecuting sttor-
ney, and employed J. I. Ronald to assist him In
the case, and they and Attorney General Jones
presented the case for the state, with James
Hamilton Lewis for Fr!ederichs. Able and ex-
haustiye briefs were presented by both sides
and the case was submitted.
The supreme court withheld its opinion since
March Is and only rendered it yesterday This
opinion reverses the verdict, sets aside the judg
ment of death and orders new trial to the de-
PENDANT
There has been from the first q shadow of
mystery around the scherbring murder, and
while the evidence against Friederichs has been
strong, there are two sides 10 the case
Eriederiehs, when informed of the action of the
supreme court, was riveted to the spot and
seemed paralyzed with mingled feeling of sur
prise and Joy.
THE HEN EnRECInSEn