The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-01-15
A NARROW ESCAPE.
Stay of Execution for Fried
rich at Eleventh Hour.
SHERIFF READY TO HANG HIM.
Failing Notice OF Appeal, Sentence Was
About to BE Executed-Lawyer
Hurries TO Rescue.

Albert Friedrich, twice convicted and SEN
fenced 10 death for the murder of Julius SC her
bring, came nearer 10 the gallows yesterday
than hs win ever be again without actually tax
ing the fatal drop. Sheriff J. H Woolery had
announced his intention OF going ahead with
the hanging, which was set for yesterday, not
withstanding the fact that the case is before the
supreme court on an appeal, and nothing but an
order from Judge Hunes prevented him from
Carrying out ME intention.
On November s, a few days after the close of
Fri edrichs second trial and conviction, Judge
Humes pronounced the sentence OF death, tx
ing the date OF execution as January Il The
warrant for the execution was placed in Sheriff
Woolery's hands. Tyler & Tyler, Friedrichs at
torneys. at once took appeal, and thought
nothing further was necessary in order TO stay
the execution. The sheriff. however, decided
that, as he had received the death warrant, il
was his duty 10 carry il out unless he received
express orders to the contrary. Expecting 10 re-
ceive formal notice of stay of execution, he
had not built q scaaold, but yesterday morning,
having received no such order, he announced
his intention TO hang Friedrich in the after
noon. report 70 this effect soon spread about
town, and was posted on two or three bulletin
boards by noon. Excitement began TO grow on
the streets, and squads of men could be seen
climbing the hill 10 the courthouse TO investi-
gate the report
q. W. Tyler, senior member of the firm OF
Tyler & Tyler, was out OF the city. and his son,
W. B. Tyler, was sick in bed with attack of
the grip. As soon. however, as the news was
carried TO the latter he dressed and hurried 70
the courthouse shortly after noon. Finding
that Sheriff Noolery really intended to go on
with the hanging, the attorney went TO the
clerk of the court and had an order drawn up
recalling the warrant of execution, pending the
hearing OF the appeal before the supreme court
Ind ht..S @k.ok aar
ing of the Evans murder trial, but was inter
rupted long enough to sign the order 1t was
then given to the sheriff and he announced that
he was satisfied and would not proceed with
the hanging. The order issued was as follows:
Now on this f4th day Of January, A. d. 1872.
II being the day set for the execution of the
above named defendant, and il appearing 10 the
court that the appeal 10 the supreme court OF
the stats OF Washington, heretofore taken
herein, is still pending before said supreme
court
Now, therefore, II is ordered By the court that
the warrant commanding - You, the said sheriff
OF King county, state OF Washington, that you
take the said Albert Friedrich to the Jail of
King county. and tina. he there be kept in close
confinement until Thursday. the 14th day OF
January, 1892, upon which said day, between
the hours OF O'Clock q. N. and O'Clock =. N.
the said Albert Friedrich shall be by you, sheriff
OF King county. taken from said jail TO the
place OF execution and upon the gallows to be
provided by you, the said Albert Friedrich shall
be then and there hung by the neck until he is
dead heretofore issued on the 9th day of No
yember, 1891. TO the sheriff of King county, be
ana the same is hereby recalled, and il IS further
ordered by the court that said warrant be re-
turned to the clerk OF the superior court by the
said sheriff
Friedrich, who, of course, knew through his
attorneys of the effect of an appeal to the SUI
preme court, had no idea that his execution
was not put of, and he was not notified yester-
day morning by Sheriff Woolery of his insen-
ton to carry out the sentence. In the afternoon
he was told of the sheriff 5 threat by friend
of Mr.. Tyler who called for that purpose. The
condemned man refused, however, TO believe
the report and did not seem at all alarmed by
the aspect matters had taken. shortly alter
ward his attorney arrived and explained the
true condition of affairs, and began at once the
steps which resulted in the issuance of the
order recalling the death warrant
Friedriehs lawyers, when they were resting
confident in the belief that execution had been
stayed, were guided by a law passed by the
legislature last March, which reads rs follows:
An appeal by defendant in a criminal action
shall stay the execution of the judgment of con-
yietion.
Further than this section there is nothing re.
lating to the point in question
Prosecuting Attorney Miller was also of the
same opinion that the appeal acts as a superse-
IDEAS and acts of itself stay OF execution.
Sheriff Woolery did not look at the matter in
structed by the death warrant TO hang Fried
rich, and that he should do SO unless be re-
ceived official notice OF stay of execution.
w. b. Tyler. in speaking OF the disputed
point, said to a Observation-Disclosures reporter:
The code OF 1881 provided that in an appeal in
criminal case the supreme court must notify
the clerk OF the lower court of stay OF exeeu-
ton, and he notify the sheriff But BY law
passed last March the appeal itself acts as a stay
OF execution. There is no provision for notify
ing the sheriff, and the presumption must be
that a. officer of the court, he takes cogniz-
ance of the stay of execution
Sheriff Woolery yesterday received the follow
ing letter from Friedrieh's wife:
NEW YORK. Jan. 6, 1892
Worthy Sir W0olery:-You will excuse the lib
erty take OF oubling you again. IL is long
time since heard any news from my husband,
so pray you TO, 1t 1t is possible. TO write me a
few lines and advise me how the matter stands
with my husband, or is he long ago free? Twas
in Germany this summer and brought my child
My son is II years old and often asks me- as
my father hvIng2' | do not know how to an
swer him-and If only knew how the matter
stands.
Wen, worthy sir be so friendly and let me
Know. aud write ME a few lines.
With the greatest longing / await your answer
and speak my heartiest thanks. Respectfully
Mrs. DORA FRIEDRICH
$50 East Ninetieth street, New York city.
This is the second letter received from Mrs.
Friedrich asking for information about her
husband He denies that he has a wife.
FIFTH WARD REPUBLICANS.