The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-10-31
NEW TRIAL FOR FORD.
Brs ATTORNEYS FILE THE NOTION
WITH MANY AFFIDAyITs.
rn~r Br.e Their Action on accident
and Surprise NEWLY Discovered
Evidence. Misconduct and frregu-
Isrffy aud Illegally of the Jury.

Accident AMI surprise IN this. That tbs
prosecuting wiiness. Jessie Morford- n :
testified on two former occasions that her
seduction took place On February p. 1881
and vas positive % sad date. and On iris
trial she changed shs date and claimed her
seduction 70 have taken place en- January
- 1877. which was surprise 20 the de-
feu6ant and misleading
Newly discovered evidence material Coz
The defendant, which he could not haye.
discovered with reasonable diligence ard
produced ~ the trial
The misconduct ara irrevsiaritv Of the
Jury In this 20 Wit: One. Walter kinnear.
who was o Juror n said cause. upon his
examination. answered that be was an
eiectov % the state az Washington. ard
had not formed or expressed an opinion n
said cause which statement was false.
ard TIE said Juror was not an eiertor Of
the state of Washington. ard had formed
and expressed ar oufnior rs TO the guilt or
Innocence ~ the defendant
THE ss1ror p w Aiexarrer stated that
he had not formed or EXPRESSED an opinion
IN regard 20 the merits Of said cause. while
IN truth ard n fact be had formed ard
expressed an onfnion and was tncomperent.
For misconduct Of the prosecuting at
forfsy ard his DEPUTY IN calling the wit
nesses y Harrington, Rsy Abr, ;.
field. and others. and when their tesfi-
nnouy was incompetent, making m offer 70
prove by them that the defendant was
present in the CITY Of Seattle az the time
ne claimed ~ was absent from said city.
and calling different witnesses and asking
the same question. and rendering ~ the
court the names Of different witnesses.
among which were J T. Ronald John r.
Cole and numbers % others which was
all Some IN the presence % the jury for the
purpose ard with tne intent 20 influence
the fury. and % ret the evidence before
the Jury. as shown hv the record IN said
canse also error Of law IN suffering and
permitting the prosecutor and his DEPUTY
70 make offers Of what they could prove
ard intended 20 prove IN various cases
whfuevsr the evidence was excluded
witch offere gere made in the presence OF
the jury with Intent 70 set said evidence
before fhe furv ami influence the jury;
afsn misconduct Of the prosecuting attnr-
news IN the cro~s-examiBation OF the wit
ness Elizabeth Storer In Insisting on ask
ing her various questions az to whether or
not defendant had not confessed 30 her.
md whether or not she had not told J. T.
Ronald ard Thomas II. Cam that he had
confessed 20 her all OF which was ex-
ciuded which questions were irrelevant.
Incompetent net cross-exarnination, and
not impeaching. and was done for the pur-
pose and with the intent Of Influencing the
bgrv and making them believe that the
defendant had 50 confessed 10 the said
Elizabeth stnrer: and the misconduct OF
the prosecuting attorney and his DEPUTY I'm
zach and every case where 3 question was
objected 70 and objection sustained In Of
fering 20 prove IN the presence Of the fury
and 70 get into the record facts thar they
eypected witnesses 70 testify 10. all OF
which was done 70 prejudice the jury In
said cause.
ttt"EDFNy~F DFNA@frHfInE
and his denutv in their arguments 10 the
jury IN vilifving and abusing the defend
ant and arousing the prejudice and pas
sion OF the fury against the defendant.
friends and with the friends OF the prese-
cGtion. ard having said audience clap
their hands and STAMP their feet at the
close OF the speech Of the deputy prose-
cutting attorney IN approval 81 the same.
Misconduct Of the bvstsnders and per-
sons In attendance At said trial IN over.
sse. bet artA
Charming their hands when the deputy
prosecuting attorney made An Illegal and
prsiudicial anpeai ~ the Jury and took
the head 81 The prosecuting witness IN his
hands and called the attention OF the fury
70 tho same and had the prosecuting wit
ness and her supporters CRYING and wall
irr before the furv all Of which was done
for the Illegal nurposes Of prejudiclng the
iurv against the defendant
Misconduct OF A. G. Lane and Richard
Wtnson. r.. denutv sherifTs, who were
taking an active part in manufacturing
sentiment AGAINST the defendant and
threatening that the defendant would be
ivnchad II the motion 20 dismiss was sus-
teined and further making remarks that
tho defendant would be convicted and
nAtrR their influence on the outside TO
mold sentiment arainst the defendant
picharf wtnsor r. DEPUTY sheriff as
sisted IN summonins the panel on snecial
venire he being interested IN the result OF
the cause and \ bitter enemy 81 The de-
PENDANT and attempting ne the time 20 SCI
cure the conviction Of the defendant.
Misconduct Of the sheriff's DEPUTY,
Richard winsnr ir who was taking an
active part against the interest ~ defend
ant m summoninr and putting unon the
furv Walter Klnnear. n subject OF Great
Britain. who was no. IN elector of THIS
state and who had formed and EXPRESSED
m onlnfon as 10 the guilt ar Innocence ~
che defendant. and also I'm selecting Jurors
who were interested IN the cause and
we're standing in the halls % the court
house ~ the tire the fury was selected
ana had con1e there for the purpose ~
hearing about the said trial which said
denutv then ard there had reason 70 wei
tnow, ard which facts were concealed
from tbs defendant md HE attorneys"
The smaaVss~-
John r Hunphrlss VIII F. Humphrey
ard = J Humes. - counsel fer W. 7
Ford have been ~ work preparing am
davits OF witch - Base this motion for
new trial and Mr.. Ford himself has not
been tdie Tie has paid a visit 10 Portland
and other points IN oregon 20 secure affi-
d4vits ~ 70 his presence there during the
time ne was alleged bv :he prosecution -
have been in Seattle. Tomorrow viii be
the last dsv allowed By law for the filing
81 these sfidavits.
Among ,be afidavits fled Is one from
y 4 Graham. George Sconcld. Fred
ScharnNer. Carrie Ford. =. 5. Ford VII
lle g Ford Noiiie Ford. Nancy Ford. r
= Henry +. g Blake \. Ruth. @. r.
1teffA ard p p HAfAt1sfif. an nfTf4Nfi1TiE-
setting forth that Ford was In Olympia
on January IS The same persons. with
hair foE,n others declare that ne was
in Olympia January IS An equal num-
Ear swear thst - was ~ that city Janu-
ary Is Hts presence there IN January Q
30 ard II IS sworn 20 ~ erty-tive wit
nesses Most 81 these atlantis are promi-
mcut and well-known people. The Est In
c}udss @ A Sparks. postal clerk: r A.
Graham. county auditor George Scoaeia
city councilman At large, Fred Schsruber
tor schonberl. clerk 20 Olympia school
board: 4. 8 Ruth. ex-county surveyor.
] OBJ. Scobsy. receiver - ere land office.
George :. Hopkins. eN-couotv aud tor:
Prank Tavlor. chief - police: r. y Hen
~. ex-couniy superintendent % schools.
r G. Blake. city treasurer. q S. Prince
tK-sheriu % Thurstou county and others
Nrs l. NJ Presnau swesrs thar she ana
her husband. who wss sg0eri,- secretary
~ the A =. A ard Mr.. Ford sptat the
whole or the afternoon OF January q in
For3's oe'cs. leaving there az $50 O'Clock
sn3 that Jessie MoTferd was not present
AG'asvit< are also submitted a. t. jas
sc Marford's testimony during the church
grial. when SIRE fixed the date ~ sv,iuc-
tion ~ February -.
Another set q PAPERS show sworn copies
cf various letters and tsteErarns sent ID
End troyn Ford White he VAS in OroEou.
Mr ard Mrs. &. A. Ayssworth. % Pert
lSnt. swear positively that Ford spent ths
~iEhts 90 January - ~ ard q az rhetr
house, Five ether Portland peoule swear
"a hss presence tAere e. those days Five
fuEauc peeNae make atGaavGt thar ha VAS
in that city on January N Nine well
known people ct NaseeUTr swear 20 h{s
presence IN that city duri1S Tire revival
services.
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