Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-02-16
STATE OF PUBLIC FEELING
Alleged as q Reason why Schneider Should
Not BE Tried at This Time.

HE FINALLY PLEADS NOT GUILTY TO BOTH IN
NEUTRALITY-SUSPICIOUS. MADE BY PRISONERS
COUNSEL IN FAVOR OF PosrPoNISa THE TRIAL
TO SOME DISTANT DAY.
Yesterday afternoon in the Criminal Court,
Justice Bradley, the motion to quash the in
dictment in the case Of Howard ]. Schneider,
charged with the murder of his wife and her
brother on January 81, was further argued and
Justice Bradley overruled the motion, holding
that the indictment was sufficient.
The prisoner then plead not guilty to the
| first Indictment, the killing Of his wife.
| The district attorney asked the arraignment
on the other (Hamlink) indictment.
Judge Wilson objected, and after some dis
cussion it was decided that he should be ar
| raigued today.
District Attorney Cole then asked that the
/ case be put down for trial on the 23d instant.
Judge Wilson objected, urging the state Of
/ public opinion.
Mr.. Cole said that such should not be the
cause for delay.
Justice Bradley doubted the propriety of
postponement on such ground.
Judge Wilson then handed to the clerk what
looked to DO voluminous document, but it
was simply an affidavit having the newspaper
reports and accounts of the homicide, and the
prisoner swore to it.
sCHNEIDEH's AFFIDAVIT.
The affidavit sets out that the date, 23d Of
February, proposed for the trial is only four
teen days from the death of Amanda NJ
Schneider and only eleven days from her
burial, and that he cannot 60 safely to trial be-
cause such is the excitement in the public
mind and SO excited is public feeling against
him that he fears and believes that he cannot
obtain fair and impartial trial, but that if
time be given 80 that the facts may be brought
knOUlCivn n of iynp rfi al m
uninfiuenced by the pressure Of public senti-
ment, the assertion that he is not guilty,
that he has now solemnIy made oath TO- will be
verified and returned by the verdict Of such a
jury, and it was filed.
The case went over
IN THE HAaIINK MURDER.
This morning the prisoner was in the Crimi-
nal Court when it was opened and was called
on to plead to the indictment charging the
murder of Frank Hamlink. Judge Wilson filed
similar motion to quash to that in the first
case and it was overruled and exception noted
The defendant then plead not guilty.
The motion to set the first case for trial on
the 23d instant was taken up and Judge Wilson
said that in addition to the affidavit of defend
ant he would have another affidavit.
Mr.. HOehling for the defendant read his affi-
davit. in which he states that there are many
indictments prior to his; that his case is at the
foot of the docket, &c. and he asserts that if
given fair trial the verdict of the jury will ac-
cord with his plea, and asks that reasonable
time be granted to enable him to have a fair
trial.
AFFIDAvITs TO BE SUBMITTED.
Mr. Hoehling read also the draft Of an affi-
davit as to the general feeling in the public
mind against the prisoner. He also stated that
last week he visited six of the leading citizens
of the District and they all practically agreed
that in the condition of the public mind
speedy trial would be pref judicial to the de-
PENDANTS interest. And he also read draft
of an affidavit to be sworn to by Mr.. 7. f.
Schneider.
Judge Wilson stated that he was requested
to attend the inquest on Frank Hamlink, and
did So and that he had but a few moments
conversation with the prisoner. The following
Sunday he saw him at the Jail for a short time
and it was we'll known that he had been so en-
gagged that it had been impossible for him to
give the attention to the case that he ought to
give it before trial. He urged that the trial
should be postponed to some reasonable time
when the excitement in the public mind should
in some degree be allayed.
Mr.. Hoehling followed urging DELAY first
because if forced to trial it will be over large
number of cases; second, because it will be
without giving him an opportunity to prepare
for his defense, and third, because Of the preju-
dice in the public mind. He read q number of
authorities in opposition to the motion.
THE DISTRICT ATTORNEYS REPLY.
The District attorney followed and claimed
that he was not, in asking an early trial, max
ing an exception Of this case. year ago In
March there were twelve homicide cases pend
ing and there were seven such cases tried dur
ing the year, and now but four were pending.
1t is said that il tried on the 23d it would be
within thirty days Of the date of homicide.
This was not without precedent, for in
May last the verdict was found eleven
days after the date OF homicide. In the
Sam Moore case he was convicted within 80
days of the murder Of Jandorf. He then de-
MED that there was undue haste and suggested
that in many cases the earlier the day the more
accessible would be the witnesses. He repealed
the idea that a fair trial could not be obtained
and read several authorities He denied that
the published accounts were calculated to work
up a sentiment for or against the defendant.
and said they were simply relation of fact for
public Information.
The affidavits did not show. he submitted,
such state Of feeling as should cause post
ponement, and i'll his experience there was no
such feeling as would prevent an impartial
trial There was nothing more he wanted
than a fair and impartial trial, which he
believed could be had tomorrow. He wanted
the prisoner to have reasonable time to prepare
his defense. but not too long time.
Judge Wilson controversial the assertion that
there was nothing to prevent fair and i'm
partial trial and urged that the time be fixed at
some reasonable date when jurors would not be
affected by the condition Of the public mind.
THE COURTS REMARKS.
The court said as to the objections to ad-
vancing the case over others there was no such
thing here as trial calendar or trial according
to the date of docket.
1t was almost impossible with all their appli-
cations. to keep up With the ordinary Jail cases.
and bail cases are practically free. 1t was
crying shame, Tor which Congress is respon-
sible. They had made repeated appeals for
aid and yet are dragging along with the same
number of justices (six), while the business has
more than trebled. and they were almost una
BILE to keep up with the Jail cases. 1t was ut
terly inpracticable to try cases in accordance
with the docket entry, and the assignment Of
cases ia with the prosecuting officer.
NO PUBLIC EXCITEMENT
On the point OF public excitement he said
he made no such remark as was attributed to
him in q morning paper, but did say that
owing to the many people here and the want of
unity among them it would be impossible to
estimate the existence of popular excitement
III the District As to the failure of prominent
citizens to sign the paper presented them he
could see a reason for so doing. They NAV
have seen that they would thereby be inter.
fering with the court, whose duty was to fix the
time, &c.
NO sENsATIoNAL ACCOUNTS PUBLISHED
It was true that the newspapers have pub
lished accounts of the case and hava SoIIouoa