The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-27
THE DEATH PENALTY.
Supreme Court Says 1t Must Be
Suffered by Holmes.
ERROR DISCOVERED TOO LATE.
Appeal of the Negro Murderer Fails
story of His Crime->ome Points
Raised In Krug Case.

Willie Holmes must hang for the mur-
der Of william Russell. Such is the ae-
n.sion Of the supreme court on the issues
raised by the appeal from the judgment
OF the superior court for this county lie
opiraon was handed down II olympia
yesterday afternoon. affirming the jndg-
y,.enr of the court below and cutting OH
the coIored prisoners last hope.
The Holmes case was argued IN the sa-
prene court June 10, and the decision Is
one Of the quickest ever made ~ tnat
tribunal in a. capital case. The argument
was made for the state M prosecuting
Attorney HASTE upon brief draftsd %
himself while the condemned man was
represented by Melvin g. Winstock- In
passing upon the points raised IN the ny
peal the court said:
This Is a hard case, and had the ST.
preme court sat az jurors under the teS-
finouy shown. IL is questionable II tifs
had felt justified In returning Fernf7e
OF murder in the first degree. But re-
veraai is asked for on technicai errors
which the court is not able TO support
erie arst error assigned is want Of jur-
fsdlctfon in the trial Judge, j. II. Moore,
Of Spokane county, and the contention il
made that az ne is not one OF the JUDGES
elected from King county, the error Is
fatal, but as the defendant, knowing the
inellgibility Of the judge who tried ms
case and get submitted himself 10 the Jtaf-
t<d,ctlon and VAS ready 10 avail himself
OF the action OF the court If the verdict
should be in his favor. he should not De
permitted 10 object when eventually the
verdict is against him.
The next assignment of error IS that
the law was not observed ia enpaneillng
the jury. The supreme court thinks, now
ever. the law In this case was compiled
with. also that while the jury was de-
~ a. led
verdict Of murder in the first degree until
told b. another juror that it was in the
power of tho trial judge to sentence the
defendant upon conviction Of murder IN
the first degree to life Imprisonment ia
stead Of death Consequently the doubt
fal Jurors consented 10 the verdict. the
court holds that the jurors we're not IN
terested in the penalty which could DE
imposed by the court.
Several other minor errors are also
urged bat they arc not of sufficient
weight 10 justify reversal OF judgment.
In Affirming the Judgment, the court
stated that the question OF whether
Holmes should have been found guilty Of
murder in the first degree has given more
trouble than ali the technical errors as
signed I'm the case. The killing occurred
at Franklin. January p 1894. which was
pay day at the mines. The men, who were
been drinking at the company's saloon.
Russell, larger man than Holmes, and IL
was brought out at the trial. disposed to
DO bully, claimed that the latter had his
revolver and insisted on a search. Holmes
went out of the room. gave the weapon TO
a friend. and coming back consented 10
the search. The men then stepped out of
the saloon and the quarrel was continued.
Russell assauIting the boy. Shaping him
zfst.. uf.4 f.F al nj
i've language. lie gloried I'm being bully.
saying he did not care for death and that
he calculated TO have a niger before
tho day was over. Holmes picked up
large stone, but was prevented from using
II by friends who intcrfered Holmes
finally left. and In ten or fifteen minutes
returned. threatening on his way back To
kill Russell. As he approached the saloon
no came upon his victim standing out
side, his face turned away. Holmes fired.
but the bullet went wild and lodged in the
roof. Russell thereupon turned around.
and. according TO one account. sprang al
Holmes but he was not quick enough.
for the second bullet struck him in the
forehead and produced instant death.
To support the contention that the court
had no jurisdiction of the case. counsel
for Holmes urged that Judge Moore had
not been requested by a majority Of the
lNIkt& OF THIS county 10 ST. anu tNItheFs
that there was no record showing that
anyone had 80 requested him. The second
point was based upon the fact that the
clerk of the court. through an oversight.
had failed 10 enter the order made by
Judge Humes covering the request TO
Judge Moore.
Holmes who was in the north tank in
the county jail. Joined with Tom Blanck
in the great rush for liberty at the time
Jerry Nerherry was held up az the point
OF the deSperados wooden revolver. In
stead of joining fortunes with his liberia
tor. who went south. Holmes took the
railroad track for Snohomish. He reached
that place, Ia company with several lesser
criminals, almost famished. and was cas-
ily captured. his identity being established
by lame fnot. lie made no resistance
Directly connected with the Holmes de-
cis'on by the supreme court - the case
% the state ". Krug. which has been
taken under advisemeut for the considcra-
ton Of substantially the same iurlsdic-
tionai grounds. The krug case was ar
eued or the same day. June 10 and il Is
thought decision soon will be reached
The case Of the state vs.. lcury Craze
mer. convicted 81 murder in the first de-
gree In having most hrutaily slain Mrs
fhtlirina Mueller with 4 hammer last
August. was argued before the supreme
court June 8.