The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-07-16
OUTLINED HIS JUDGES.
Twice Sentenced to Death and Once
Nearly Hanged.
From the San Francisco Chronicle.


From the San Francisco Chronicle.
The press dispatches TO the Chronicle
from Seattle announce that Albert Fred
ericks, the murderer of Julius Scherbring,
has at last been sentenced to the peniten-
tiary for twenty years by Judge Humes.
This announcement recalls an interesting
story. the circumstances surrounding which
are quite dramatic.
July, 1897, and Fredericks was tried in
October following, before R. A. Jones,
chief justice OF Washington Territory, then
presiding In the Seattle district. He was
found guilty by the jury on evidence which,
while purely circumstantial, was yet clear.
A number Of motions for new trial and
for all the technical stays kno wn to the law
we're made and the last motion was denied
Dec. 81, 1887, much 70 the chsgrin of James
Hamilton Lewis, his attorney, who had de-
clared that Fredereks should not be SEN
fenced that year.
1t was at o'clock In the evening Of the
last day of the year when the last motion
was denied, and Mr.. Lewis, who is pOpu-
lArly known Dude Lewis. and is the lead
ing candidate for gubernatorial honors on
the democratic ticket of Washington this
fall, turned round to a reporter and said;
Il told you So have twenty-four hours
in which TO file further objections"
AS the words passed his lips Chief Justice
Jones turned and said: "Fredericks, stand
up, and Immediately sentenced the prisoner
to be hanged in early spring. Fredericks
muttered loud enough to be heard by all in
the judges chambers: II will outhve you
yet"
A few months later Chief Justice Jones
died very suddenly, and some time elapsed
before Charles E. Boyle Of Pennsylvania
was appointed as his successor. He re-
manned In office but few months when the
hand of death struck him, too, and again
Washington was left without chief justice
and Fredericks was still unhanged.
Thomas Burke was appointed chief JUS
tice. In the meantime an appeal had been
taken to the supreme court. The supreme
court had become 80 congested by reason of
the deaths OF the two predecessors of Chief
Justice Burke that the case could not be
brought to his attention before he was sue
ceeded by Cornelius H. Hsnford, now
United States district judge of Washing
ton.
Before the case could come up before the
supreme court OF the territory Washington
became a state, and again the case was put
back. Finally it came up in 1891, before
the supreme court Of the state, and new
trial was granted.
Fredericks Jared no better before the
second jury. He was again sentenced to be
hanged. Another appeal was taken to the
supreme court, which this time reversed
the Judgment of the superior court in
sentencing him to death, but allowed the
verdict Of the jury finding him guilty to
stand, and the lower court was ordered 10
enter judgment of guilty in the second de-
gree. The sentence Of twenty years in the
penitentiarY was the result.
"The crime for which the man was sem
fenced was a peculiarly brutal one" said
Attorney T. NJ. Mcnamara, now Of this
city. but formerly of Seattle. "Scner-
bring was an old friend of Fredericks and
had main tanned him for some time while
out of work On the night OF the murder
they had gone together over the Grant
street bridge aud his victim had treated
Fredericks several times at a saloon and
had given him some money, but had con-
siderable sum left. The possession of this
money WAS the sole motive of the murder.
A few minutes after they had left the sa-
loon pistol shots were heard AMI shortly
after Scherbrlng was fou nd shot through
the head and his money missing.
"Fredericks was finally found concealed
in low house in Slaughter, fifteen miles
away. The money was never found. Fred
ertcks was seen running away from the
scene. Evidence came to light efterward
to show that he had cruelty deserted wife
and family In Germany, where he had been
a lieutenant in the army. On his trial
Chief Justice Jones made a somewhat re-
Tnarkaole charge, which the supreme court
OF the state three years later considered
usurped the powers Of the jury. ald 1t was
on this account that the second trial was
granted.
"By some oversight theS attorneys for
Fredericks had neglected to serve the sheriff
with the necessary notice or stay of pro-
ceedings which had been granted pending
an appeal after the second conviction. The
scatfold was erected and every preparation
ha1 ,o1a foH no No. -
the counsel was in Port Townsend and the
other was sick in bed. AT the last moment
the sick attorney was carried to the court
room and the necessary certificate was
obtained from the clerk and served upon
the sheriff Just as he was about to carry the
sentence Of the law into execution"
Thus Fredericks escaped the gallows, only
to spend the rest of his life, in all proba-
bility, in prison.