The times., 1901-04-26
NoRDsTRom's FotRTH APPEAL
The celebrated Case Again Before
the Supreme Court.


On Monday the Supreme Court of the
United States will again take up the case
! of Charles w. Nordstrom. convicted of
murder in the first degree. and sentenced
! to be hanged. This case is now before the
| Supreme Court for the fourth time and
may come before it again. Nordstrom was
| sentenced to be hanged in 1891 and for
! ten years his counsel has been fighting
the case in all courts, State and Federal,
| in which it was possible to obtain a hear
| ing.
Nerdstrom was convicted of the murder
of one Mason, it being alleged that he
shot him through a window, after a
quarrel over some property The SEN
tence was affirmed by the Supreme Court
OF the State of Washington EX-Repre-
sentative James Hamilton Lewis, who
was retained indirectly by the Swedish
Government. took up the case, and claim
cd the convicted man had been compelled,
against his WILL to try on a pair of boots
which fitted tracks leading to a window,
through which, it was alleged, he shot
Mason, and was thus forced to contri-
butte testimony against himself. which
Mr.. Lewis held to be a violation of the
Constitution. The Supreme Court of
Washington overruled the contention and
the United States Supreme Court affirm
ed this action.
A writ of habeas corpus was then ap-
piled for, on the ground that the return
of the jury was guilty as charged" and
as the presentment was murder in the
first second, third. and fourth degrees,
his client could not be held for more than
the lowest degree. After an adverse de-
cisior by the State Supreme Court, he took
an appeal to the United States Supreme
Court, and that body determined it was
a matter for the State courts to decide
NIr Lewis then moved that the whole
proceedings were illegal on the ground
that Nordstrom was a Swedish citizen
and under the most favored nation"
clause in the treaty with Sweden he was
entitled to an Indictment by grand jury,
having been tried on a presentment by
the District Attorney. On this plea he
obtained a stay of execution, but after
carrying the case to the Supreme Court
again the court held that while it was a
question which the Swedish Government
might well raise it was not within the
province Of subJvrt or his counsel to
raise it. There was nothing to be gained
by having the Government interfere, as
Nordstrom was given all the privileges of
a citizen of the State of Washington so
that plea was abandoned. Mr.. Lewis !
then argued that the man had become in
not be executed. The Judge sent several |
physicians TO see Nordstrom and they re-
ported that he was sane.
Tired with the long DELAY. the Judge di- |
rected that he be hanged in ten days.
Mr. Lewis hurried across the continent |
to NaTraga nsett Pier and obtained from !
Justice McKenna, of the United States |
Supreme Court, another stay of eXecu- !
tion on the ground that under the New |
\ ork code, which had been adopted by |
w aShingtOn, Nordstrom was entitled to /
have his sanity examined by a jury and !
that such examination had not been |
made. The Supreme Court of Washing |
ton decided against him, and this ques- !
ton is now on appeal to the Supreme !
Court of the United states.
While the question of sanity was being |
argued Mr. Lewis went into the United !
defendant be discharged on the ground |
that the whole proceedings had been i'll
cgal as he had been refused a review by
the State Supreme Court. The Circuit /
court deciding adversely. he took another
appeal to the Supreme Court The Gov
.rnment is anxious to have both appeals
heard a one tinie In order to finish the
,ase, but Ar. Lewis hopes TO have them
heard separately. so that if the first is
,verruled he maysfaH Back on the second,
hus prolonging his clients life. 1t is
urther claimed that new evidence shows |
presumably, stood in the corner of the |
Dom and was not shot through q win
low, thus disprovfng the charge of pre-
neditated murder. This may be utilized
or another appeal in case those pending
ire oyerruled.
The nearest approach to this remarka-
lie case is that of Hopt. of Utah. whose
aSe was before the United States SUI
reme Court three times and occupied six
ears. Hopt was finally hanged.