The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-07-26

The scaffold il IN readiness. the moose Is
prepared and Sheriff r. D. Speck has sent
our invitations for the execution Of George
Webster in the jail yard al Spokane FRI
day between the hours of and 10 o'clock
In the morning.
But the execution viii not take place for
many days 10 come. IL. at ALI A most
novel point in the case has been raised *
the eleventh hour and until the supreme
court OF the United States passes upon u
the condemned man may eat and steep,
tree from the visions OF a hemp necktfe
Webster claims that he was convicted by
eleven men Notwithstanding there were
twelve men on the jury. The explanation
of this seeming paradoxical statement y
found In the contention that one OF the
jurors was British subject. and that un-
der the constitution Of the United states
and the state of Washington he had no
right TO be there. HIS presence tnvaiidated
the verdict and IL the hanging took place
Ii would be crime against the constitution
and rights OF the prisoner.
Judge Hanford denied the application OF
Webster for a writ of habeas corpus last
evening, but allowed an appeal to the Unit
ed States supreme court and pending the
decision by the higher tribunal suspended
the execution.
George Webster was convicted at Spo-
kane for the murder Of woman the de-
Tense claimed that the woman made such
an assault upon Webster with deadly
weapon that ne was forced TO defend him
self and that the killing was unintentional.
From the conviction In the superior court
an appeal was taken. The state supreme
court affirmed the decision Of The lower
court. Recently Attorney James E. Fen
ton. of counsel for Webster. went before
Gov Rogers with a long petition. asking
for executive ciemency. The governor re-
fused 10 interfere and the date OF the
proposed execution was set.
Yesterday afternoon Den Carey Smith.
one OF Websters attorneys, arrived in Sc
attle and secured the cooperation OF ex-
Congressman James Hamilton Lewis to
save the condemned mans life. The two
went carefully through the papers. and
last evening the matter came to a climax
when a petition for haheaS corpus was
presented to Judge Hanford-
The petition had been prepared on the
ground that one OF the jurors was a Brit
ism subject, but that such a condition OF
affairs was not known at the time OF the
trial. 1t was set forth that the juror on
examination al the trial swore that ne was
an American citizen. and the fact that ha
was not what he represented himself was
not disclosed until after the death sem
/ tenee had been pronounced.
Webster contends that under the laws OF
OF thu United States and Of the state Of
Washington can sit as legal jurors, and
TINT discovery at any time Of a juror
being an alien inyalidates a verdict in
capital case.
From this statement the petition re-
solved iself down TO the contention that
an alien was not juror. and that Web
ster was tried for his life and convicted
by eleven jurors, Such a verdict is
claimed to be unconstitutional, as twelve
jurors, and twelve alone, constitute legal
jury and can return q verdict upon which
sentence of death can be sustained.
Judge Hanford refused to grant writ Of
habeas corpus. but allowed an appeal to
the supreme court OF the United States,
where the question will be argued and de-
cided. In the meantime, execution of the
death sentence VIII be suspended
IL viii take some time to prepare the
papers and bring them before the highest
tribunal. There will be another long de-
lay. probably. before decision is rendered
there, all of which tends TO increase Web
ster's lease On life indefinitely.
A telegram was received late last
night from Attorney Fenton In Spokane
1t. which he said that the sheriff had
threatened To ignore Judge Hanford's
stay Of execution. and expressed an In
tention To proceed with the hanging Mr.
fenton advised immediate steps in the
state supreme court or before the gov
ernor TO check the sheriff before Ii was
too late. James Hamilton Lewis was
handed the message at the Rainier Club
In the absence of Dell Carey Smith He
read 1t carefully. I'VE viii See ne said.
about the sheriff ignoring an order
from the Federal COURT
! When asked what course he would pur-
sumo. Mr.. Lewis smiled and said he did
not care TO say at present