The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-11-28
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~ Desisd and the Ex~<u-
hon 10 Dolly Deisyea.
inomas Bianck, the contararee 49,
osrs1. Whos In spite Of his hrav.do. VS.
gao enough 70 Avail hinnssIf Of a. .,,,..a
70 the supreme court In order to k..r. ~.
neck from the hangnanss nao.. : e.
months longer. viii have IN. v.sts,.x a.
ms appeal tested before the snnrsne eou-t
very early date. Prosecuting Astov-
ney John +. Miller YESTERDAY servss !.
motion 20 dismiss the appeal Of RIanrss.
attorneys aud forwarded the orsvsnsl -
the supreme court last evening.
IN his motion De asf- the sua--rn. ~.,,,- :,
to dismiss the appeal on q nnnh.r 80
grouads. principal among which i. tbn.
~hsx entered plea Of guilty on bis
sra shmsnf; that jury subsequently
eohsscsea htn and fixed the death PEN
atty that thereafter no motion for a n.v
aias was ever made, nor motion In arrest
os Jadxmenf ever served or fled; that no
proposed Dill OF exceptions or proposed
STATEMENT OF facts has ever been fled or
ssrssa within the legal thirty days from
october ~. the date on which sentence
was passed: that the time In which Blanck
may he MS proposed statement of fact. or
oii oil exceptions has not been enlarged
oy stipulation or order of court.
Mr.. Miller, when questioned relative 70
biancK's appeal, referred the reporter OF
the PosT-IsTKLLroEscxR to section IL of
the session laws Of iss3. which reads:
"A proposed bill OF exception or state
ment OF facts must be flied aud served
either before or within thirty dsys sfler
ths Time begins 70 run within which an
- D. a "a Ia II e. a
mene IN the case, or tas the case mar bel
from an order with q view 70 an appeal
from which ball or statement is pro-
posed"
Relative to the validity of the death
warrant issued by Judge Humes for the
execution of BIanck December 7, Mr..
Miller said:
That death warrant has been properly
Issued, and in the proper form, and there
~ no defect or imperfection in IL Section
l3oi OF the second volume of The code SETS
forth what shall constitute a death war
rant, and every one of It's provisions has
been embodied In the document prepared
for the execution of Btanek. Blanck.
however, has taken an appeal, which ac-
ton OF itself aBnuis the death warrant. so
that all this talk about fts inyaIidity cuts
no figure, as In case the supreme court
afirfns the decision Of this court, or if any
other date for the hanging should be fixed
by the supreme court, or this court or If
the governor should grant any reprieve,
in either case il would be neces-
sary to Issue another death warrant,
and IL would be the same or
similar 10 the one now being questioned.
] wogld simply say this. that II Vas con-
demned 10 death and the death war; ant in
my case was as good as this in Biancx's
case. and If my only escape was in ending
some technical defects in the death war
rant. Why should begin 20 fl my worldly
affairs aud prepare for the journey frcm
which no traveller returns. However Ii
may be, death warrant or no death war
rant. the appeal has been taken. and that
creates delay that Is made necessary by
the provisions of avr laws"