The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-04-03
FREDERICKS CRY.
Fears That He Cannot Obtain Fair
Trial

IrIal.
1.-THE people are prejudiced against me.
1t isn't fair play" This is now the cry of
the man who on the morning of March %
ruthlessly shot and killed Bank Cashier
William A. Herrick because the latter
would not comply with Fredericks' modest
request for $4,000.
A large throng Of curiously interested
persons gathered in Judge LEWIS court
room yesterday morning to see the fair
haired, blue-eyed German boy" arraigned
for murder. There he sat, with an I'M
slightly bandage over his damaged eye, a
watchful policeman by his side. prey to
emotion of some kind. whether of grief or
venom could not we'll be determined.
The case excited mt ore than usual inter-
est yesterday from the rumor that Fred
ericks intended to move the court for a
change of venue, and had signed an affi-
davit stating his reasons for so desiring.
Such proved to be the case.
First of all 1t was necessary to take
Fredericks' formal plea to the charge,
continued from Friday last. But. on the
Judge directing Clerk Burke to put the
question. FredAricks resoIutely closed his
lips and refused to speak.
DO you plead guilty or not guilty to the
charger"
No answer Then Judge Levy ordered
a formal plea of not guilty to be entered
and set the case for trial on Thursday
next, April 8. A large number Of jurors
will be summoned for that day.
District Attorney Barnes being present
in court to represent the prosecution, in
which Eugene F. Bert will assist as asso-
ciate counsel. Attorney George Colwell
rose to move for change of venue on be-
half of the prisoner.
L. support of his motion he produced
two aff1davits, one sworn to by Fredsricks
and the other by himself. in which various
reasons were act forth to show why fair
and impartial trial could not be awarded
to FTedericks in this city and county.
Fredericks' affidavit contained all manner
OF accusations against the authorities. as
we'll as the people, as can be gathered from
the folio wing extract:
That since my arrest have been visited by
several OF the police officers OF this city and
county, and have been informed by them that
would be rushed" TO trial and that / would be
convicted and sentenced TO be hanged 10 just as
short time as 1t was possible 10 accomplish
that end.
l am accused OF an ofreuse, the enormity of
which has aroused the Indignation OF the entire
community of this city and county 10 such de-
gree as TO make 1t apparent that a dispassion-
ate investigation of this case cannot be had.
Great crowds of people have assembled In
and about the City Prison wherein / have been
c0nnned aud nave made threats against my
life. The newspapers of this city and county.
which have large combined circulation among
The residents OF this city and county, and are
almost universally read. have, by their editorials
and leading articles. from time to time since
The alleged homicide was committed, excited
the people of this city aud county 10 such de-
gree that the condition of the public mind is so
bilter that at this time l could not have a fair
trial. Threats have openly been made In this
city and county 10 resort to lynch law and hang
me without trial by jury.
My case has been unduly hurried to trial.
have asked for further time from the court
several times with which to prepare for my de-
tense, all OF which motions and requests have
bean denied. have been uniformly informed
by all OF the officers with whom l have talked
that l would be rushed toward the gallows,
that every effort will be made to have me con-
Ylcted and sentenced within two weeks from
the time of The death OF William A. Herrck.
| am informed and believe and therefore
allege that the police authorities of this CITY
ana county, in connection with the District
Attorneys Office, are using such unseemly aud
undue haste In prosecuting this case for the ad-
vantage they may have from the indignation
and the bitter public feeling that now exists
against me.
] have heard threats made against my life
and threats TO hang me without trial by jury
by lynch law. made by the crowds assembled
about the City Prison and corridors OF the city
Hall aud the courts, and fair and impartial
trial cannot be had by me in this city and
county, and fair and impartial jury to try my
case cannot be obtained In this city and county.
Attorney ColwelPs affidavit was more
lengthy. but contained substantially the
same accusations. Extracts from news
paper reports were read. and Mr.. Colwell
seemed to vigorously object to his client
being described as murderer"
District Attorney Barnes opposed the
application. He said that all that had been
done in the case by the authorities lad
been done for the purpose Of reason bly,
expediting the trial. The case had been
consigned to Judge Levy because he,
although civil Judge, had promised to
relieve the overcrowded calendars of the
regular criminal Judges. A speedy trIal
was all that was desired in the interests of
justice. and no deprivation to the prisoner
of his rights.
Judge Levy said that under recent Su-
preme Court decisions the mere affidavit
of a prisoner was held not to be sufficien t
ground on which to grant change of
venue. There seemed to be no adequate
reason for so doing, and the application
was denied.
Attorney Colwell EXPRESSED regret after
ward that his application had been unsuc-
cessful. and said he would like to have
had his client sent back to Germany for
trial. He may appeal to the Supreme
Court. but everything is in readiness for
the trial on Thursday next.