The morning call., 1894-05-08

further postpone Fredericks' sentence,
save the success of Mr.. COlwelPs motion
for a new trial.
An immense crowd filed the courtroom
and galleries yesterday morning. High
and low, far and near. they gathered to-
gether and hustled for standng-room
merely for the morbid satisfaction of see
ing fellow-creature sentenced to death.
As for Fredericks himself, he sat in the
midst Of his numerous armed attendants,
considerably improved in appearance sin ee
the removal of the unsightly eye-bandage,
ana unmista akably proud of himself as the
hero Of the occasion. The solemnity Of the
proceedings did not appear TO affect him
in The least
Mr.. Colwell sat by the murderer, a
volumInous roll of freshly prepared papers
in his hand. prepared to fight out the battle
to the end. District Attorney Barnes was
not present, and in his most unaccnuntable
absence his place was taken by Assistant
District Attorney HosmeT, who was LETT to
do the best he could without any previous
instruction upon the law and evidence as
we'll as facts of ihe case. 1t devolved upon
Detective Seymour to keep him posted
from time to time. as Eugene i. Bert, who
figured as assistant TO the District Atlor-
ney in the trial, also failed TO show up.
As soon as the case was called Mr.. Col
well rose 10 make lis motion for new
trial. His motion was based Oh errors of
the court, in admitting and excluding
pieces of evidence; on the undue haste
with which Fredericks had been rushed to
trial; Oh the absence of just and impartial
9z1f eh1 ] bas ~, H.
to a hasty decision, and upon certain new
evidence which had come to light since
the trial. Mir. Colwell proceeded TO read
several affidaYits in support of his conten-
tions.
The affidavit OF Fredericks himself was
to the effect that since the tragedy on
March %. when Bank Cashier William A..
Herrick met his death, he had been
allowed no time to breathe. lie had been
examined, arraigDed and tried before he
had had time to collect evidence in his own
defense. Certain evidence bad been pro-
cured which, he thought, should entitle
him TO a new trial.
Mr Colwelfs affidavit set forth that in
the atlantis opinion Fredericks had not
had fair trial The conduct of the Dis
trlct Attorney. who characterized his Col
welPs) defense as showing up the moral
depravity of The human race and the deg
radiation of the legal profession" was
most reprehensible and calculated to
greatly prejudice the defendants case;
and the jury had. in considering the case.
0Deyed public sentiment and condemned
Fredericks without hearing.
Hugh Henderson, W no did not show ND,
but whose affidaVlu.was admitted on the
understanding that it was to be afterward
sworn to by the affiant, had to say that he
examined the bullethole i'll the partition
of the bank. through which the fatal bull
let is said to have crashed on its errand of
death. The afiaDt noticed that the broken
glass fell outward" thus showing that
the bullet which made the hole must have
come from INSIDE" the bank counter.
Policeman George w. Russell. in his
affidavit, merely identified The diagram of
the bank premises. with the various
measurements of height and distance.
William Tomsky deposed that he was
employed to examine things generally
after the shooting. He paid particular at
tention to the clothing of the dead cashier,
and from his observations he was con-
Vinced that the muzzle Of the pistol from