The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-04-17

Atsgec fabricated ssorfe~ rxts vwra~~t
:, ssa1tioa az witness could have teer
Presume ttae accurzcv ara trTsff sssi--ss -
sAas testimony was tesfed x, fne fs.ff 80
:, II ol the dsfeneart's counssl's sbsivy
1ellssed his testimony II - r1-nys5f.ssS
neIsaFyY as he no doubt di3 II fhe eIIexs
tscns OF the petitioner and the zrgiaavfts ~
Tar ssa-a'ss. ar true, then an indictment
II IT perjury ought 70 have been preferred
so..s ssace. and. while co not believe that
ss la. O1Sht 70 De- hung on PICTURED tes-
r ..tttss' cannot ses nog this court can
GIN IN the manner PRAYED for
80 ne impression made upon the rrlEsa OF
IT'S court " 50 strong, h0wever tat =
sslsso4s wrong Eaay have be.a eone The
$1,000 tilaL the court Is wiling TO make
the strongest Presentation 20 ire snvnrrs0r
1870, Ut Communication OF TIE sentence OF this
The cate Of Gray Va. Barton. and an
other, decided In ne s,IDrerrse e0sa-s ~
Alcnigan. July l. 1855 Il direcffv Ia rosr1t.
-. NSrta = ekkern Reporter. page So In
snat case the Same charge oa fabrication
o. evidence and the support % such faorE-.
c1loh % perjury was MADE The court
- =. on page s.s: But IL docs not seem
- fhe tnat the mere allegation that the
cefendanf committed perjury mon ina
ttlat and the belief Of the complainant
mat ne can establish such perjury upon
retrlaI, s such a fraud as viii zuthorlze
Z court OF equity 20 interfere afte- the
fuakEaent against him IN a court OF law
mas been affirmed ~ the highe-s tribunal
-. At'tS Ssals1 ttia JI8E{ueHt OF tie SEtfe-
TOT court has been affirmed b. the Juag-
ment OF the highest tribunal il this state.
LII Is Judiclaily known 20 this court
thas at the time information was fiasg
upon which this defendant was tried AMI
convicted. another Information was ALL
against the defendant for the murder OF
ihs infant child 81 Mrs. Mueller.
IL has been within the power OF the de-
PENDANT ana his right. II Be saw TT 70 ex-
.Icse IL 70 have forced the state to
trial on this last Information.
p al -
ceecsd, as he now alleges, that the evil
dence about the finding OF the money in
me inter box, and the pistol ia the brush
and the piece OF hammer handle at the
foot of the window, in the alleged clear
space, between the shop and the fence
were all or any Of them fabricationz. sup
ported by perjury, such a trial would no
doubt result In his acquittal and in ths
immediate pardon and vindicafiol. from
the nrst charge This writ, in my tu9g-
ment. would have been appropriate under
such circumstances to have wiped out an
OF the stains Of guilt, IL any remaining,
after a fun pardon.
'ons other thought and conclude this
opinion: The experiences OF mankind as
well as the whole theory and policy OF the
law. Is founded on the fact that more
weight Il due TO the testimony OF a wit
ness or witnesses sworn In open court and
given IN the presence Of a jury. with tho
right or cross-examination, with a xtgor-
Gus exercise OF that right than is given or
ought to be given 10 the affiGavits OF per-
sons unrestrainei by such right and the
surrounding circumstances.
am reluctantly compelled 20 deny this
writ"
Nordstrom Successful.
Nordstrom's application. on the contra
~. was successful II WAS presented three
days ago by j. Henry Denping. who, in
the list Of authorities cited, quoted effec-
lively from one OF Judge Jacobs own
opinions. The court took the matter UNI
der ADJUSTMENT. promising decision yes
terday. lie gave his opinion before that
In the Craemer case. stating briefly that
order would Issue 20 the sheriff. re-
stralning him from taking any further
proceedings against Nordstrom. and par
ticuiariy from proceeding With his execu-
tion, until the remitsitur is received from
the supreme court OF the United States
showing that Nordstrom's appeal from
Judge Hanford's refusal 10 grant his APP
plication for a writ Of habeas corpus on
April 8. has been heard and determined.
Later. Judge Jacobs signed the order. and
IL was duly filed In the clerks office.
In prompt obedience 20 the order Sheriff
Meyer released Nordstrom from the death
watch. which has ueen set on the con-
demned men, and he was removed 10 the
north tank OF the jail.