The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-11-16
HAMILTON WILL APPEAL.
Col. Lindsay Discusses Recent MUIR
der Trial mt Mt. Vernon.

Col Robert Lindsay. who defended AL.
Hamilton. the Anacortes murderer. re-
turned to Seattle yesterday, worn out by
one OF the hardest legal battles In hts ex-
perieuce. lie has no complaint TO make
Of the treatment he received at Mt. Ver-
non. although he says that the popular
sentiment against his client was so over
whelming that It was somewhat discour-
aging.
Nevertheless. Col. Lindsay says that
Hamiten's fight for life Is not yet over.
murder In the first degree viii surely bee
taken 10 the supreme court. On this APP
peal. Col. Lindsay says, the defense Will
claim an error of law was committed by
Judge Houser sufficient TO egtitle HaTnit-
ton to another trial.
The alleged error. as stated by Col. Lind
say. Is the action Of Judge Houser in re-
fusing TO grant Hamilton a change OF
venue.
''our notion" said Col. Lindsay was
for Il change OK venue on the ground OF
the prejudice of the community, and also
of the trial Judge against Hamilton. The
statute says that when n motion for
change OF venue u asked on the ground of
the prejudice Of the Judge. the Judge may.
In his discretion. grant the change or may
continue the case until another judge can
be called TO try II.
we o.asrn that Ii IL the duty of the
court 10 do one or the other OF these two
things-eiiher grant the change or call in
another Judge Where the motion is based
upon the alleged prejudice Of the conmun-
ity the court no doubt has full discretion.
But we hold that where his own prejudice
IL alleged he has only the discretion TO
grant the motion to call In another
judge We hold that the law cannot re-
quire him TO pass upon his own ability TO
try taa case fairly and impaftaiiy. And
this IL virtually what Judge Hoeser did.
Judge Houser. I'm spite OF the fact that
he was strong friend Of the murdered
man. u. NJ. Woodbury.. a member 81 the
Skagtt county bar. gave US little reason 10
complain In his rulings ami treated Ns
with utmost fairness but we think that.
under the circumstances, he should not
have tried the case.
i was rather amused In reading the
telegraphic reports OF the trial 70 see thai
| was quoted as attacking the lays OF the
H,ate and belittling Prosecuting Attorney
Heri New, I submit that these reports
Ia rsilv 30 me Justice, I did not attack the
state laws, On the contrary. | pleaded for
their better enforcement What | dia at
tack was she lax public sentiment that al
lowed gambling hslls such sx sse enc in
which Hamilton spent the night before re
murder. 20 ran wide open IN defiance Of the
state law
sNer a.. belit,fe Mr. Hurs ] merely
deprecated the fact that he. IN common
with every ether county prosecutor IN she
state allowed such places 20 run and dla
SO in obedience 20 the dictates OF his HAS
teFs. the people. have every reason 10
respect and admire MIR Hurd and ana glad
70 claim him personal friend
The EQrfrSfE cnGeafs say ] 1satse eDa af
the hs@g temperance lectures ever made in
"a county. acrnit that I believe ] did
u wax "A seyr3bia crime. ard Uay aufy hope
WAS make Il appear 50 terrible thai the
i@ry could n0t believe Sc the deed e a sane
maa
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