The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-04-13


.-z.rsnts on the writ Of eoran notas,
- alsnx Of which last week created
.~rvstlor IN the Craemer case, were
- ysstarday before Judge Jacobs and
- :. rantinued this morning. The aues-
- ax Involved ara quite knotty and
.saxly Interesting from a legal
ns-osr. but are ike 50 mach Greek
- condemned murderer who Is sitting
-. ne shadow Of moose The argu-
-. AZ both sides were exhaustive, taxi
-. ne entire day. Judge Jacobs, how
al through them patiently. giving
ssss me utmost attention Cracmer
= ar~sent In the court room during the
- : charge o. deputy sheriff. and but
-. AID he show any signs OF being any
-. interested than the spectators who
ss~su.ed seats In the rear OF the room.
- "a, vas when Attorney A q. Mo
-. vas arguing for the prosecution and
~x.tag the evidence. He Was relating
ae-,,os OF Craemers testimony al the
- when the murderer jumped 10 his
= srd numbled out something that was
..sAssbae 20 those IN the room During the
s.s.acs OF ne day he sat sailensy ia his
"a.
". Arguments In favor OF the granting
"a xrst = ere made by Attorneys c. A.
s1sse Of this city. and Juage StaiIcup
= I. ]. Dennis, % Tacoma. while those
.rs.sse the writ were made by A. q. Mo
-, counsel for Mrs. Miller and as
.xss, prosecuting attorney at the time
tas trial. and Deputy Prosecuting At
arssy Hart. for the state. Mr.. Riddle
sassr satirely on the law governing the
- and Ms issuance. while the Tacoma
int hA it, .f
sr.1ss and trial. alleging that the newly
asefere6 evidence VAS Of such nature
sss demand some recognition from the
- specially as Q human life was at
.ska Whe. they consider the most
ssgsi:ag evidence ~ . sheet OF a .ctoria
sie rrxis ter bearing the name Of the
rss,sriS Is siihl witness, Jack Quincy,
ere days after the murder. and proof
-. here was no money IN the fnFre box
81 szy after the murder. cx-Chlef OF
psice Rogers putting w the moa9y with
- hops OF earning the 81 GOO reward.
rse4s are other points besides these on
shsek they base their hopes OF clearing
casner should they succeed In securing
aex trial.
Mr.. Riddle. in his argument. said In
part.
in A confederation of this application
a ne nature Of writ OF error eoram
ssass the first point upon which the court
desires 10 be informed or satisfied is that
as proceeding Is sanctioned by the laws
a sas state and is not repugnant there
b Thas Ii IL a purely common law pro-
eess.ag must be conceded. since IL exists
isdsg IN every colnnon-law country, both
L asf and criminal cases, and the hiatus
Il To written law which II Is Intended 10
FL b caused BY the absence OF statutory
sasrtnent In this state
s'Nhile the common Law IL subordinate
al subject 20 All written expressions OF
~ governing viii. as well as 10 all rules
q Waperty and conduct In which the SUI
rsEme power exhibits. and according TO
whch II e1erts is governmental force.
- Il likewise Families our entire tanric OF
S8ss ard national Jurisprudence ana sup
pk1snfs for the most part all statutory
saaciments Were IL not SO this section
e cur statute just quoted would better os
sssnIaassd from our statute books. as IL
xs1d ~ rendered nugatoFy aud wholly
slih0at force and effect. In many OF the
Ests OF the Union-~in fact. I'm most OF
fsen, the common law OF England forms
tart Of The law Of the land and this Is
trsa whether there is a special statute 50
seelafing or not. The common law is de-
elareH 20 be a part Of the judicial proceed
us Of the United States. In our own sfats
fsFs u no provision In the written law OF
-aeh defendant can avail himself after
tsixmsnt and seek. by writ OF error or
Otherwise. 70 Institute a proceeding 70 va
eats or annul the Judgment so rendered.
aF{ffef u tnsrf any fffOft>inn III out thNs
witch In express terms or by Implication
si,AsF ahoiishe< or abridges the righi OF
eFfen6ani 20 avail himself Of the remedy
sfoyied him Nv this writ coram nobis-
Tire granting OF the writ coram n0his
As<s not work 4 reversal Of the courts
ewn Judgment because the error IN TACT
saxgred and complained Of is not the err
fns OF the court ana had the new feet
witch II pat forward "a a basis Tor the
issuing 81 the writ heen known TO the
satt ,i'e Judgment would not have been
fenfered
The ordinary WRIT ef error aud the
81 Q, error coran nohis very materially
fsTrr from each other. The former Is an
sssgnment OF error in law only, ana les
= court % review. The writ coram no.is
proceeding 20 snaul Judgment nv
sAirA shs Judgment was rendered BY pre-
sn,inE sn error IN fact and not In law.
81 WHERE ~ course. no fault " imputed
e As court IN pronourcina It's futgment.
The onls purpose of the writ. then. -
? enable a party against whom Judgment
80 been taken 20 - relieved IN the sam.
eesrf ny showing error ~ fact y does nov
g % reverse the Judgment or anctfier
spsrt Tie error assigned IL not Tor any
iest II the court IL II an snclent wtit
- was AZ cne time used In fnFlanc IN
~ cases any' bat more enlarged use
- lonr since been recognized. and " iloN
sRRies 20 criminal eases rs yell n Ne~
fa1k the courts have held that although
writ In the nature or a writ of error
tafn'n nchis exists On the United states as
20 n England u has Inst fts narne, IN
- state the writ tSSuirE Tn the name 81
- People directed 70 the supreme court.
-sf.h*s he RECORD and proceeding AZ re-
1a1nins Before YOU so that. " either
assae ear n. considered as appropriate.
: that ~ q writ ~ error corarn Fobiss
eewever unlike ne latter writ 20
sssSe The record - ~ be reviewed ny the
ere court 20 which ,he writ Is directed.
s-eee Y = sometimes and perhaps more
s.efcpTi7trfy. Callsss q writ IN the nature
vrft ~ error c6vsrn vnbis. Accord
- the style ~ writ I'm this case Is
- Nv which ~ - known tr the New
s,fE casesa writ tn tho nature ~ writ
tTreF coTsm nohi< In many % the
= s'Ns ~ smrh writ Rae ever been IN use,
selects 20 be attained nv ~ being pro
kssef fer by other means IN others. aota-
Tennessee. a procedure under THIS
-. 80 provided for by statute. while sev-
- statrs ~ 80 Tar RE 90 hold hat this
- nav p resorted 20 AS common law
- although an additional remedy
- aANe been provided Nv statute. u e
Nftf 81 right, before II T. allowed
= - must De an affidavit or assign --sert
- Ne error IN fact uN which. In case
= tset - b assigned for error "a srue.
- ,sinu1s risht ~ action VIII ee de-
- f~c- / parry seeking 30 avail himself
80 rcs1cdy far writ % error rorann
sieSf show that u was by no fault
- ger = - his that the error 81 fact
49, - rnf made - appear 81 the
= trial A. TIE showing neces-sry
- Msse a. condition ps-sceaent tn
- a'aotthE - such writ has been Shown
- setendnnt in fhsS case. and tire
s.41 Iscs shown and relied upe-s ~
- -. -rassnt "a not 81. error az tire court
- ~sx~ and snAulHnx II - not snnnsling
Nafts ava Judgment
- ae oaly provision tn cur s;stuts which
\ 49, - aDrroaehes the rslief sought
TAI 'aFslTaeSi ~ a molten for rev
Sc 10. q " rnNy Inadequate foE
ksssss.ssoH that tAe rnorsor must be made
s.,ssA I've aays after judgment, ard At
r~s q Tor - sEiEnfuent or an -
60, So ~hich may @~gsear long sGflee~
80 - TIE renf.ltls1 81 Judgment. re
49,, H.ss refrrtF MAS never sntcnoe9 -
- &c reiipt ought D. this Wit ~