The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-05-02
zHE NoRDsrRoM APPEAL.
~ 1br the state Tho TslI.Tale Rub.
Der Boots.

Der Roots.
b the Nordstrom murder case now pend
- before the United States supreme
eeeFt Prosecuting Attorney HASTE has
spared brief for the state Of washing
N defendant IN error. The statement OF
- eape shows that an information was
- AGAINST Norts,rom December 9. 1871.
eaargnE him with murder IN the first de-
~ He was tried. convicted and SEN
sncsd to death. From the Judgment an
eppel was taken TO the state supreme
eesrt and the decision OF the lower cosrt
- IN all things affirmed. Thereafter,
s9pa application OF Nordstror,'s counsel.
- chief Justice granted writ OF error,
e1uoa and order staying all proceedings
IA case was then sent 70 the United
enses supreme court. the contention being
nat the conviction under information ard
- nnder Indictment could not stand. ana
snsr nine months delay Il was docketsd
~ the -ecord flied. Last January. on
psion OF Mr.. Haste, the cause was adj
soh>r.
he case win be heard on the states mo-
non TO dismiss for want Of Jurisdiction,
sairs motion. I; is contenisd. ought to BE-
1sanssd primarily because ne Federal CUES
yea v presented for the consideration Of
ne court. and also for other good and sur-
nesent reasons appearing on the face OF the
WORD TIE brief contends that the pro-
cec'se by Information instead OF indict-
nsaf v constitutional having already been
nssst on by the siprems court IN the case
Hnrfasc vs. People OF California
V'her co1tentions OF counsel for Nerd
Sfcm are successfully taken up. among
nen being the poln, mentioned In the Pc
uren Tor the writ OF error that the account
49, ast the boots OF the accused were
..sn nom him wher searched at the tine
~ 81 arrest and afterward put IN evidence:
- mat On crcss-cxsrinaticn hts feet were
sess1red ana that thereby hts ccnstfsu-
uocsi rights were Invaded. 1T Is q well
~sanshet rule the state contends. that
fsenh effects OF every Kind can Re taken
nsn TIE person ef the accused and used IN
aenee. " they tend 20 prove or fi~rrove
- - s1e tn the ease. f these hss ob'sc-
~ 49, IN any Of their phases. ence con-
ses . Fetersi question. n has been re-
see ~ TIRE accused making himself n
saess J, his own behalf Certain rubber
-" we're produced in evidence on the
" the state. watch corresrcEted IN
80 rrcssiSsities 90 the tracks dsscov-
f-rsfis'ely after and near tire scene
NE mnrter. Ths accused, when On the
aess stand in his cwa behalf. at the re-
49, % his counsel made apparently ex-
ss..hsry eferts 70 place his feet n the
49, eat fsaed to nst them en- In re-
~se~usSer was called. who meas
tas eecss snS the feet o. the accused.
ssh~t TIA, the hooss we're suacfcnt-
arr 10 - wo-a on a feet Il TIA, ssse
49, statement " this evidence Il saf-
70 fseif - tern0aztrste - the court
49, ny eFr1r has been COMMITTEES. art
se Federal ouesfioa Is fnvefvea
- ~ ss'~f Justices - the supreme eaGrt
40 ssx;oa have aapsrc-tiy ccns:tered
-. SsAte1 Wi, Of error as q writ 90
N.siss from the number sud sa;
ssx.-A ne isks shF~r wars Tnss tify-cor-
49,. sne anfcrtaaate view has not been.
a. 81 e1iertssaea by the supreme ccert
" Ne cais~e States.
=" must be eu.eycsa without un-