The evening times., 1901-05-06
EXECUTION LONG DELAYED
A Decision In the NOrdsfr0m Case
Expected Next Week.

Brought Before the Supreme Court
Four Times-The GaIIoyvs for the
Condemned Man Erected in seat-
tie More Than a Decade Ago.
TIE United States Supreme Court will
/ probably render a decison on May 13
which viii affect one OF the most peculiar
cases ever brought before that tribunal
This is the fourth time that the matter
has been brought before the Supreme
Court and it is not positive now that the
decision made next Monday viii dispose
of the case finally
The case IS that of Charles W. NoFd-
strom. who was convicted Of murder in
the first degree nearly. eleven years ago
and whose counsel, Representative
James Hamilton Lewis. has ever since
prevented the officials of the State of
Washington from hanging his client
More than a decade ago the gaIIows
were erected for Nordstrora In Seattle
Four times the Supreme Court has been
asked 10 render decisions in the case and
on three occasions the verdict has been
against NOrdstrOm-
The prisoner is accused Of firing a shot
through a window and killing a man nam
ed Mason, with whom he had quarreIed
about some property. At the original trial
the State produced a pair Of shoes which
fitted the tracks under the window from
whica the shot was fired Nordstrom
was compelled to try the shoes on, thus
furnishing testimony against himself Or
the plea that this was in violation of the
prisoners constitutional rights, Mr. Lewis
got the case into the Supreme Court for
the first time and a decision vas rendered
against him
He then applied for q writ of habeas
corpus on the ground that the prisoner
was charged by the jury as being guilty
as charged" This was said to be frregI-
lar as his client was indicted for four diff
ftrenI Kinds Of murder in the first second
and third degrees and for mansIaughter
aISo As the prisoner could hardly De
SutIty or all four degrees. Mr. Lewis ask
ed the Supreme Court to rule that NorJ
Stron Was guilty of n9aaslauEhteF only
The Supreme Court held that this was a
question for the State courts 90 decide
Inc third appeal was taken on still
more ingenious grounds NcrdstrOrn is a
subject OF sweden, and Ar- Lewis repre-
Sehted that IN our treaty with that na-
ton the prisoner was entitled to an in
EestIgation by his own Government The
supreme Court decided that as Nordstrora
was HEing under the protection of the
IaWS OF W aShlnEt0n at the time of the
0nenCe- II was perfectly legal to try MIN
under them. -----
Mr.. Lewis then appealed for a stav of
1SN~--A--o9 Va tltt- IEtEdLlOu IEl4E MS eli
ent had become insane during his irnDrfs-
onment and therefore should not be
hanged The court before which he was
convicted ordered an examination nv
medical experts and after their report il
was ordered that the execution proceed
MI Lewis then made a fourth appeal to
the supreme Court on the ground that
NordstrOm wa sentftIsd to an esy,srniTsfiov5
OF his mental condition by jury proper
y impaueled rather than by a private
BODY or partisan physicians This is the
TFsNTV HfrTrr
decision will be rendered
As the case stands now. matters prom
lse TO drag along until the prisoner and
his counsel die of old age
Only one other case Of delay Of t1is
kind IS on record IN the annals OF the
supreme Court This was an instance in
which man named HoDt had three aU-
Peais and had his execution deiayed for six
years, but was eventually hanged.