The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-06-18
FATE OF FRIEDRICH.
The Murderer Given Twenty
Years at Hard Labor.
HIS ATTORNEY STILL FIGHTING.
He Claims That His Client Should Ra
Tried for Murder In the Second
Degree-The Blotter.

Albert Friedrich, the convicted murderer Of
julius scheFbering. after passing nearly Eve
Years in the county Jail, was yesterday afternoon
sentenced 10 twenty years In the state peniteu.
tisry and tn pay the coats of the action. This IN
the maximum term OF Imprisonment for muir.
der ia he second degree.
Ati:S0 p m. friedrich was brought out OF
his cell By Jailer Monroe. He was dressed In =
neat black suit, with clean linen aud his hair
and beard carefully brushed He walked with
iaurlty air. Meeting Sheriff woolery he said
cheerfully: "Helloa, sheriff. In company with
the sheriff, the prisoner marched up two fiiyhts
OF stairs to the courtroom Half dozen depu.
ties had been stationed at the various exits
along the way, bus there was not the slightest
apparent attempt on the part of Friedrich to
even sum up the chances of escape On enter
ing the courtroom he took seat at the table
Just IN the rear OF his attorney, G. w. TYLER.
There were bnt few persons present except the
lawyers and parties in civil suit in progress
and several OF the more curious courthouse EN-.
ployes.
After an interval of two or three minutes Judga
Humes called the case of the state OF Washington
vs. Albert Friedrich, and Friedrich stood IN.
The judge, after fully reviewing the proceed.
ings In the case, asked the prisoner If there was
any legal cause why judgment should not be
pronounced. In answer to the question, Attor-
pey Tyler rose from his seat and addressing the
court, said:
The action of the supreme court in reversing
the Judgment of the superior court i'm effect
sets aside also the verdict of the jury. This
cours therefore has no jurisdiction to convict
and sentence a man without the verdict of a
Jury. The action OF the supreme court can on;y
be based on one theory, that a verdict of muir
der In the first degree Is also a verdict of mur.
der In the second degree and a verdict of man.
slaughter. Now, if this theory is right, this
court has the power to do whatever the supreme
court can tell 1t to do and could enter u verdict
OF manslaughter IN this case. ! contend that
the supreme court has no power to compel this
court to violate the constitution of the United
States, which provides that no person shall bo
convicted OF crime or deprived OF lie or lib
erfy without due process of law. therefore
demand at the hands of this court that 1t pro-
coed TO try the defendant for murder in the
. second degree.
Here the attorney was INTERRUPTED by Judge
Humes, who remarked:
This court has but one duty, and that IL to
obey the mandate of the supreme court
"You would. then, hack off this mans head II
the supreme court ordered you to do so?" said
Judge Tyler, with a show of indignation.
ard direct the sheriff to do So" was the firm
response
understand, then, that you deny the motionf
Yes, sir.
The lawyer then directed the attention OF the
court 10 section l ,447 of the code, which pro.
. vides that the period of Imprisonment of a man
prior to his sentence shall be deducted from
} the time OF his sentence.
Al soon as the reading of the section was fin
ished the judge ordered the prisoner to stand
up Then, as Friedrich arose to his feet, the
court said:
The judgment OF this court is that for the
odenss OF which you were convicted you be sen.
fenced to the state penitentiary, at hard labor,
iortwenty years, and to pay the costs Of this ac-
ton.
While his attorney was addressing the court
Friedrich sat quietly and showed no signs Of
emotion, further than the nervous movements
OF his fingers in handling a roll OF papers. Be-
fore leaving the courtroom he held a short
whispered consultation with Attorney Tyler,
and when ready to leave gave him cordial
shake of the hand. He was then marched back
to the jail and locked up.zs
Attorney Tyler says that he will apply for q
writ OF hsbeas corpus to secure Friedrich's re-
lease, and that the case will be carried to the
United States upreme court on constitutional
point OF law. Ii nothing happens to prevent,
sheriff Woolery expects to take Friedrich to
Walla Walla next week