The San Francisco call., 1895-05-21
IS FE|CN|NG,
Judge Murphy Holds Him
Sane and Sentences Him
to Death.
Attorney Colwell Will Take an APP
peal Upon Techni-
cality.
Murderer Fredericks was yesterday SEN

fenced to be hanged on Friday, July 26.
There was some interesting testimony
regarding the murderer's condition of
mind before this stage of the proceedings
was reached. Before Judge Murphy's
court opened the slayer of Cashier Her
rick was subjected to a rigid medical ex-
animation by three expert physicians in
the Judges chambers.
An immense crowd gathered round the
County Jail, at the approaches to the City
Hall and round the courtroom itself to
witness the murderer in transit. By 10:15
O'Clock the courtroom was filled with peo-
pie and the doors were guarded by offi-
GERS.
Fredericks' attorney, George E. Colwell
was present, looking very sick, and after
Judge Murphy took his seat there was a
little preliminary brush between court and
counsel as to the prisoners rights. Fred
ericks had been brought in strapped, and
Judge Murphy read the information to
him in that condition. He told how he
had killed Cashier Herrick on March %,
1894, had been convicted of murder on
April 20, 1894, and on May 10 of that year
had been sentenced to be hanged. Now,
since the time of execution had expired,
he appeared to have another day set for
the execution of his sentence.
Just then Attorney Colwell rose and
waived any rights the prisoner might have
in appearing strapped, in view of any
danger there might be.
However, Judge Murphy ordered the
straps removed, Fredericks making little
objection except to struggle slightly and
to below his customary "Take it off," On
being assured that the straps were re-
moved the court re-read the information
and asked Colwell whether he had any
thing to say why sentence should not be
passed upon his client.
Colwel1 quoted the section of the Penal
Code whereby an insane person is pro-
tected from trial or punishment for a
public offense and asked to be allowed to
give testimony as to Fredericks' state OF
mind.
DR.. John W. Robertson, the insanity
expert, testified that he had examined
Fredericks in the County Jail and in the
court. Beyond all question his violence
was simulated, and he realized that he was
being tried for his life. He thoroughly
understood his position and could not keep
up the stimulation for long.
DR.. w. H. Mays thought Fredericks was
sane and was at that moment taking men,
tai notes of the testimony. His violence
was an endeavor to make an impression
where it would do the most good. He
might keep up the stimulation for months
or even years.
DIR. A. M. Gardner, Superintendent OF
the Napa Insane Asylum, said Fredericks
showed no evidence of being afflicted with
any known form of insanity, including
furor, melancholia, dementia or acute
mania. His remarks were not incoherent.
Captain Sadler, chief janitor of the
County Jail, testified that he had been in
Fredericks' cell alone and had not seen
any violence. Fredericks would not look
at or converse with them, but nodded in
answer to questions.
After recess court was again crowded,
among the spectators being Captain Lees.
Fredericks was rather more difficult to
manage than before.
His Honor had observed the defendant
and thought his course was not that of a
maniac. There was no evidence creating
any doubt in the courts mind. Fredericks
had overplayed his part. If later he ex-
hibited insanity the man would be pro-
tected. But in the meantime this feigned
insanity should not impose on the court.
He ordered that Fredericks be executed on
June 81, 1895.
The District Attorney called to the
code by the last Legislature whereby the
date of execution must be at least
sixty days after the day of setting. The
court was not certain that the change
affected resetting of the day, but ordered
| the date changed to Friday, July rs, 1895
Frederick's attorney (ColwelD at once
excepted to the change, the first order not
having been vacated in form. Judge Muir.
ply ordered the first order vacated on his
should have been done on the motion o.
the District Attorney, and will appeal te
| the Supreme Court from the order.
| Fredericks, who had been unfastened te
hear the new order, was restrapped anC
carried resisting to the prison van below.