The morning call., 1894-03-30

day, that was March %. The information
will. we say, be filed to-day. The prisoner
is, under the law, entitled to not less than
one day TO prepare TO plead. Before
pleading comes the motion to set aside the
information or demurrer, or both. The
court can decide on these Immediately.
Presuming IL does. the prisoner is called
to plead. and doing so the case is Sc. for
trial. This brings it to March so.
"Aftrr the plea the defense is, under sec
tion l049 Penal Code. allowed two days to
prepare. The case is, therefore. called on
April l, unless motion for a change of
venue obtains or continuance for
shown. The jury, of course, could be got
in one day, but it is not pro liable. In the
ONeill case II took two weeks to get
jury. in The West case nearly three. Pre-
suming that the jury is got in one day the
case could be tried ia three days, includ-
ing arguments. The verdict of guilty.
would therefore be brought in April 4.
Unless the prisoner valves time he cannot
be sentenced for two days, SC that Freder-
icks is not sentenced until April 6, mo-
tion for a new trial and motion for arrest
of judgment being denied. Under the new
law after the sentence the date for hang
Ing cannot be fixed at less than sixty days
nor more than ninety days. Under the old
law 1t was not less than thirty and not
more than sixty days. This brings the
date of hanging TO June Z. But an appeal
TO the Supreme Court can be taken within
not more than sixty days after sentence.
The prisoners attorney waits until the
ffty-niDth day, that is June 6, and takes
his appeal. The transcript must be
filed within thirty days. but we will
say 1t is fled in four days, or June:l0. Then
ten days after the appellant files his brief,
In ten days more the State answers, In
five days more the a. pellant files his re-
ply, bringing 1t to July before the case is
ready for argument. Now IL would be
necessary TO file transcript June 10 order
to get the case on the July calendar of the
Supreme Court. As it was not filed until
June it would not come up in the Su-
preme Court until The second Monday in
October. Then the court, which could of
course decide the case the day il hears the
argument, has ninety days to do jt in. The
remittltur issues say thirty days later, and
comes down the day following. Then the
date for hanging is set for sixty days later,
bringing IL to January 6, but as hangman's
day is Friday FIedericks would not be exc
cuted until January IL. 1896"
Now, this calculation Is based on the
assumption that there are no errors made
by which the Supreme Curt could reverse
the Judgment of the lower court. In such
case the trial goes all over again. Now
to recapitulate:
March %. Herrick murdered; March %,
preliminary examination; March 90. in
formation filed; March 80, pleads: ApriI
/. trial begins; Apr 4, verdict of guilty
April 6. sentence passed; June Z, date
set for hanging; July 6. takes an appeal; |;
October 8. argument In Supreme COurt:
Novem ber Z. remittitur issues; January
IL. Fredercks executed. Total, 294 days
OF course all this supposes that every-
thing goes smoothly, but with an astute
lawyer the case could be continued for
sixty days without a trial at all-tbat is.
the trial could be STAYED off thai time.
For instance, if the defendant wants the
testimony OF some ole in Peru or Europp.
it don't matter which, and he makes affi-
dayit that such testimony is necessary ana
cannot be got from another witness. A con-
tinuance must he granted. In the case of
LuDdQuist, convicted of murder, the Su
preme Court reversed the judgment be-
cause continuance was not granted for
such purpose.
what limit would you place to such a
case as Fredericks', supposIng the counsel
took advantage OF everything possible ?"
was asked.
''It might be strung out for two or three
years. The McNulty case was strung out
six years, but of course that was an ex-
cPptional case, acts of the Legislature crop
ping up in the course of events to help the
defendant out. But it is legally impossible
TO execute Fredericks before January.
have given you is simply possible; it is
very improbable"
What do you think the defense will
be?"
my dear sir, there is but one defense
which gives the shadow of show and so
far there is no evidence to induce me to be-
lieve that that can obtain. That defense
is that il was bullet from Mr.. Melvin's
pistol that killed Herrick aud not one from
Fredericks' pistol. In such an event tha