The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-10-24
fgIER'SHABEAS CORPUS.
.~rosxEYs FILE BRIEF ~
.uE SUPREME COURT.
,.rer L,pschnetH Was Cna1si-
.,A Pretudiced-Ais" Thae
~. Not Had In Accordance
~uh the Federal '"n"''"''"n'

- me post-
ssec'as..r,~IT0S Oct 25.-The principal
900 for A writ Of error In the
.sasess r.o~ge Webster -. the state OK
~ :. for murder. as appears In the
Ezsaiss ~ Webeter's attorneys IN the
WI -, go .uoreme court, are that up
Efissa s.,.lnation o, Isator Lapscnustz,
@ tss sc qualifications 70 sit as a
isae@.~ ,.e case, he deposed mat ne ndd
srH .s~aeut OF the state OF Washing
sG ~ the city OF Spokane Tor eight
80 her Il Is alleged TIE TACT was thae
sens 40. been q reSfdsnt or either the
the c.ty FOR one year next oeioFe
- he WAS being examined ds q juror.
" - voted at Wallace. Idaho. In pre-
Dva . al the general elections ned
60 fses. and had resided in the
80 idaho until January !. lsN. This
$-s,,an was gained by Mr.. Del Cary
80 are of Webstcr's attorneys. In a
80 an, hin. from Wallace, Idaho. IN
-, hin. OF the fact. The second as
go, fer writ OF error was made on
.a~wsrs of this same juror wherein
s.,.d that he had formed no opinion
- .hs guilt or innocence OF the accused,
/, Is alleged that, IN fact. previous
= .ss commencement Of the trial he had
r.. discussed the facts and formed and
.-r,..ssd An opinion that Webster nas
- M the ofYense charged against him.
y.ror Was Prejudiced.
~As third assignment OF error WAS made
.,sr III. fact tina; the same juror Zip
..s-.,,. mad stated to one Of the other
sgsrs t.s. j. Frazier). That ne was In pos
.....oc 81 facts not testified to by any Of
,r-fs. nj fh
1920 hin THAI Webster was guilty Of the
,-ns charged and that he should be hang
= Ger H. Mr.. Frazier Also stated under
,.,s ,hz, Llpschuetx had said to him that
|. ha6 made up MS mind that George
T.,s,sr was guilty OF the killing of Mrs.
,a,asud before ally testimony had been Of
ss-s. and repeatedly said to him that II
.suN lie 10 see Webster taken out OF the
I'll rxa. now and hanged without any fur
aar trial or delay OF any kind
Itrschnetz alzo registered as a voter In
- s4sy OF Spokane on April ). 1897. when
tss aw expressly stated that he should he
/. resident OF the state six months before
hs could be qualified ~ a resident OF tho
s.a:a And. al he had voted In Idaho on
ysysuber 5. 1926. he had not been In tho
safe Of Washington the elk months re-
sxs,e that he had been resident of the
ssis eleven months and ten days prior TO
,aa tine he made this oath, when in fact
n lad voted In Idaho "a a resident Of that
sate less than Ave months and a half previ-
80
his application when presented TO the
rate vas refused IA being Insufficient.
No Crime stated.
further application was made upon
- ground that the Information upon
rkh Webster was tried and convicted
Il nas state facts constituting a crime
nas. the laws OF the state OF Washing
= 1nat he was imprisoned and held 20
Rsss for an snfamosis crime without hav-
4 aeen first indicted or presented by the
90 Jury. as provided by article Of the
isssrenis 10 the constitution u the
Esss States That the information did
~ INFORM Webster OF the nature and
snse Of The accusation against him ~
AeaEss by law. as II was fled against
Aif without any probable cause first hav-
sg aees established aud shown He did not
nys speedy trial by an impartial jury.
Ncsies . Of article |. az the constitution
ne state 81 Washington. provides that
es-rss heretofore required 70 be pre-
Tihsi by Indictment may he prosecuted
y Information or by Indictment "a shall
r pseseribsi by law
Fms little paragraph is declared 10 be
T'rary 10 articles 3 and Is Of the amend
nsnss to the constitution Of the United
sxes IS II does not provide that probable
aAse shall he frs. Established before the
eng a The information agains. the ac-
essd rs u ienrIves him ~ The right ~ a