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

..~fing HIS Appear rflday
.-s.~s the usuaI surfeis of Di-
,sr~e c..es-other News of the
| Cssrfs.
-. Jacobs yesterday granted a stay
/ s-s~eeasrrs tn the Sorcstr0m case and
- N. application for writ Of
- ,..sas In the Craarner case. This
: certain that Nordstrors win not
,sx, Friday. II leaves CraeFner's
.-s~ss<sy where IL was before the ap-
- was made. that II. be IL SEN
- e b. hanged next Friday. What.
- cher proceedings will % attempt
= "a defense the future must disclose.
~. Jacobs opinion. which IL here given
~ xsll speak Tor Itself. The court
~as we'll flied when the Judge
...s4t the bench, and the keenest inter-
=. manifested as ne read In his slow
= .~ars,ssye manner as follows:
~. a an application for writ OF
-, e5rs.n nohls, ard TIE FIRST question
.~ss~rts itself IL whether such 4 writ
- - 81 the jurisprudence OF this state.
r. 80. esFne to the conclusion. from the
sraasinatfon that / have given the
- go from the full and able dis
s N.sr AZ counsel. that the writ does lie
sSou.r case. This writ In rs origin
zzxrfv history was a civil writ ard
1. ~ the correction Of errors OF fact
ss-s -rhere these errors OF fact occur.
=. Err time after it's origin the writ
-~.~eea 10 be used for the correction
80 a fac. IN criminal cases. The
s.s-s eases upon the subject of the ex-
- 81 the writ I'm the Jurisprudence OF
y sesntry and a part OF me common
e fhls country are the cases OF San
"a The State, decided by the su-
- court OF Indiana mt its January
= tsfz fth Criminal Law Magazine,
= "a and the State VS.. Calhoun. In
mare,ne court OF Kansas, decided
xe,ry /. 1899 ed Pacific Reporter. page
srEs question Of the existence OF the
:. q 4 part OF the judicial system Of
= rzss was argued in the case Of w. II.
-. vs. the superior court OF Pierce
~~r,r but the question was not decided.
= Washington, page 35e.
r. he ease OF Sanders va. the State,
.ass refsrred 10. Elliott. Judge. delivered
4. aslrgor OF the court. In that opinion
: sssxr hy quotation OF cases that the
- las been recognized IN Alabama. Ar
sssaax Iowa Kentucky, Maryland. Mich
- Mississippi Missouri. New York.
y-.s Carolina, Ohio, Pennsylvania, Ten
sxss, Texas. Virginia, and We add In
stan1 Ard hADshSs
sxseriy all the text writers recognize
~ absence OF this writ as a part OF the
ss~eoa law OF this country. While 7 am
$3.50 that the writ exists. and IN a
s,so@- case ought 10 be issued. whether
~; rsss be civil or criminal vet I am
ssar osisAed that IL has very limited
sggGf<fion-
sAt common law no appeal was allowed
: rs<es where there was conviction OF
siers. ard the office OF motion for a
~ val n II existed at all. Was very linz
"a A Judgment. whether civil or GRIM
kat sud not be changed. modified or
rsrsssa after the term at which I. was
vsssrrd In no case. In my Judgment.
ssnls this writ be issued where the grfey-
as-s eenplnined OF could be renedied by
nsfsan for q new trial. or a motion In
s-ss Of Judgment. or by an appeal. a
r-~ 4 error, or by a motion under our
ssszz Or the vacation Of the Judgment
zAss sshin the statutory time.
gftm correct In what I have Just
Es'sk = would seem that the writ has a
wr Emitted operation. 7 might 20 rur-
~ By way Of exclusion. and say that
- xrls could not be used 10 correct or
NffsF anything In issue. or which ought
= k1se been put IN issue. in the original
"a The writ was founded az general
- a least. on the allegation OF n new
- which fart was not brought into
so. bat which II e had been brought
- szus would have led 20 different
s<nsnt but this new fact must be one
s-v'ias the validity and regularity OF the
"a poceedirg itself This rule must be
swiftly guarded and considered in de-
sfsinsrg what new fact viii furnish a
sss fof the writ. If a defendant. for In
FaEfs, enalts 20 plead a release. such
ssgect does not affect the validity or reg
ssg''r n TIE proceeding, but II defendant
size under age appeared In the action
WI art fsye srf1t ahss
efsadani was married man when suit
- commenced, or defendant was a. ad
Fasn the suit was commenced. these
l4fs subsequently shown 20 the court.
sssd affect the validity and regularity
ne proceeding. and n there were no
esef statutory or com mon law modes %
ea'rsc' The error IN fact the writ OF corsn
has probably would lie. II r. not neees-
~ Ipf r- 70 so further into the history
foehds o. this writ
re nsxt important question that ire
'ssss Rss'f IN this rsse is, Are the facts
! ssFei sufficient % warrant this court
gaming the extraordinary remedy
Re settlement OF this question fs at
szssa With good deal OF aifreultv. and
~ - TIE court - concerned, with So
seaes as IN what 10 ought 20 10. II
asrd n the petition and attempted
sassaintd. IL rot fully sustained ny
s'.o,is sffdavits that the evidence ere
80 Y TIE bury which convicted the
vas fabricated and the fahrfcs-
esiasnsH by gross perjury First. 70
ss.sed that TIE fndirs OF 500 in gold
NJ MITE box IN the Workshop near
saasnts house was q fabrication nv
Feyvr~. ard sustained nv hfs cath
80. w'tns~S stand IN TIA trial 90 the
i1ss mercy, Rccn-cirs ~ Rogers
&fs. vac found n that raitr~ .cx
s.sss nser t.s essenesrt's arrest and
ssniaes'- Two reputahl witnesses
shAi her examined that rnitre box
eky before srd that ,h-re was no
tssfe. sri 30 small tin box witch
Aaea = And the intimatfon Is that
sets put Il there for the purno~e %
.ss,Ss re reward OF 81 aee for himself
sesssrs whish had heen Offered for the
- 1ss.ass'a and conviction % the muir
Tits testimony was fasterfai ard
ss.ssahi. and without IL nronahfy toe
ssssht conh rot have hacn ceay.ctse.
s.s.zsasly. z "a alleged that PISTOL be
go e The defendant. either at the
- ths murder or nrevto1s 20 trst
=. "a seurd. = ftrr tho prisoners ar
rs.es ~ h-rss 4 short s.xtarce
90 ho'ass ~ yNe prisoner TWO wit
.a*s sNeSr hat tAe tay before Tits
- VS. fccNd Trey went over that
- 49, on shsir AsDfs x~e knecs parting
Az brush and removing the few
= ~ az sefv there Ard docking Cor arv
A.
- -. Pistol vas not there. IRE next
- tteif search This nistal LAYING
- .sht vas picked 10 n ire ground
ss,sA wy had made sach = minute
49, tfe dofinr OF thsx PISTOL. fe-
- 10 ihe rrutf OF it, prior owner
tee arfenErnt. Was IN important
as.ss..shs vase. tut as view Il. rot q
sss, 9.s-e - the ha~Als cs a
- 4. 49, which 10 murder Is suS-
aks eNNe becu committed VS. found
-. ~ tttey the arrest ia a siea
- AsN 90 the werE ahon ans a ptckes
- as q thar work saop. This spaca
ss.,. = - = inches IN width This
ee,ss iie waF found 90 tAe Sroara
"a Below tie window Ia tasat
q -ais Eroe ar opzn clear srzce
49, easfainr a. dav N>EeTe. INf
~s~~s sse@ tht no sgeA nlecs o.
A.st e8aaie Vas Tiers. TIE Inference
NAs drpaE'5 out - sae wtasaS
AAasitte BE- petitioner.
- - tne fraH8uieut.s fsbricstea
"a .etf .ere essFru 80. Atiss-ad per
anon atsh the court i askgs3
&c. @Faat tae Urtt praveS fer.
Nassg...s @,a2frs aas a witness for fhe