Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-03-07

TILL TOMORROW.
Long before Judge Bradley ascended the
bench Of the Criminal Court this morning the
court room hsd become crowded with an eager
and expectant throng, attracted by the an
nouncement that Howard ]. Schneider would
be called to answer the Indictment charging
him with the killing of his wife, Armada N.
Schneider. on the Slst OF January last Among
the audience were several ladies. who watched
the proceedings with more than ordinary in
terest
The prisoner arrived early from the Jail and
was locked up in . cell below until the arrival
Of his counsel, Judge Jere Wilson and Mr. A.
A. Hoehlng, when he was brought up and
taken to private ROOM where he was closeted
with his counsel until after the opening of the
court Schneider wore a short sack coat of
dark material. closely buttoned. and trousers
OF dark blue cloth. A high standing collar rose
above black scarf. He wore a mustache of
week growth, while the rest of his face was
covered by beard Of not SO old growth. He
was very pale and kept his eyes fixed upon the
door. His two brothers sat just back Of him.
THE PRISONERS AFFIDAVIT.
Immediately after the court was opened
Judge Wilson asked that Schneider be sworn
by the clerk as to the correctness Of an afi-
davit which he handed up. This done Judge
Wilson read the affidavit, which recited that
the Indictment was returned February IL; that
the defendant was arraigned and plead not
guilty four days later; that on the motion of
the government the trial was set for March z;
that such assignment took the case from the
foot of the criminal docket. over q large num-
Der of other cases; that owing to the shortness
of the time between the finding Of the indict-
ment and said date an insufficient opportunity
had been given the defendant to prepare
n y RIO. haf nuusv % %
public mind there exists such a prejudice
against the defendant TO preclude fair and
impartial trial at this time: that the defendant
has been confined in Jail constantly since the
occurrence, and has been personally unable to
give any aid to the preparation OF his case, and
has had to rely upon such aid as could be
rendered by his two brothers and counsel could
give; that he has had no means of his own TO aid
his case; that he believes that because of the
public excitement and prejudice it has BEEN
impossible to obtain from persons cognizant OF
the facts in the case any information whatever;
that he is not guilty of the offense charged
against him. but that because of the prejudice
mentioned such a postponement should be
granted as would allow this prejudice to sub
side.
APPEAL OF COUNSEL FOR PosrPoSEMESr.
Judge Wilson also submitted a written state
ment which recited q state Of affairs similar to
that set forth in the defendants affidavit, and
| the further fact that. although counsel for the
defendant had used due diligence in the prepa-
ration OF the case they had not in their opin-
Ion. had sufficient time to SO prepare il as to
enable them to 60 to trial at the present time
Judge Wilson stated that for the reasons
named in the defendants affidavit and for
| those mentioned in the statement Of counsel
he respectfully asked for q continuance until
time to prepare the case and allow Of the pre-
JUDGE dying out
DISTRICT ATTORNEY COLES REPLY
District Attorney Cole stated in reply that
| neither in the prisoners affidavit nor in the
written statement of counsel was there any
thing which, in the opinion Of the government
formed good and sufficient reason for the grant,
ing of such postponement As for the refusal
of people to inform the prisoners counsel Of
facts, there was but one way to compel those
people to speak, and that could be done by
bringing them into court and putting them on
the witness stand. 1t was true that the
government had brought people into the
Office of the District attorney and Questioned
| Them but those people had never been directed
| to refuse to give information to the prisoners
| counsel. and the government was quite willing
that the prisoner should be fully informed Of
all that such people had said to tue represen-
tatives Of the government Therefore the gov
! eminent thought that nothing whatever had
been advanced to warrant postponement of
the case.
Judge Wilson said that it wac the practice Of
the District attorneys Office to subpoena wit
nesses to appear before the District attorney
and make affidavit as to their knowledge of the
facts in the case. He knew of no law authoriz-
ing such practice and he did not know of any
one who knew of such law. He would state
that people who had been SO subpened had
stated to prisoners counsel that they had been
| Instructed to not divulge what they had stated
| to the District attorney or what they knew.
Only this morning, since he had reached the
court house, q witness had made the same state
ment to counsel.
District Attorney Cole said that no one had
been so instructed by him or by his assistants.
JUDGE BRADLEYs DECISION.
Judge Bradley, in passing on the motion,
| said that there was nothing new advanced in
the motion. 1t had been fully argued in the
previous motion for postponement and had
at that time been fully considered by the court.
The fact that the prisoner had been closely
confined was the experience OF all people
charged with such O crime, and that was no
ground for postponement 1t was well
known that be had the benefit Of learned
counsel and also of influential friends. There
was. he thought, no undue haste on the part OF
the government. He was inclined TO think the
governments course commendable. 1t was the
practice in England and he thought it a wise
one. As there had been an error in the list Of
jurors served the defendant Thursday
last, he would grant, il desired by the defend
ant. postponement until tomorrow, but the
motion for longer postponement he over
ruled.
Judge Wilson noted an exception, and asked
that the case 60 over until tomorrow morning.
There being no objection on the part of the
government to this request, it was granted.
The prisoner was then carried TO the cells
below, and the witnesses in the case directed TO
be on hand at 10 CLOCK tomorrow morning.
@