The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-26
NoRDsTRoMsl FohRTH APPEAL
The Celebrated Case Again Before
the Supreme Court.

/ the supreme Court
On Monday the Supreme Court of tn,
United States will7agajn take up the cas-
Of Charles w. Nordstrom. convicted o
murder in the first degree. and sentenced
to be hanged. This case is now before tn,
Supreme Court for the fourth time ant
may come before il again. Nordstrom wa:
sentenced to be hanged in 1891 and fol
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, 1t being alleged that he
shot him through 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, 1t 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.
Mr.. 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 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 subjrct or his counsel to
raise 1t. 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
sane during his Imprisonment and could
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 d-
rected that he be hanged in ten days.
Mr. Levi hurried across the continent
to Narraga 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
York code, which had been adopted by
w Washington, NordStrom was entitled to
have his sanity examined by a jury and
that such an 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 wes being
argued. Mr. Lewis went into the United
States Circuit Court and moved that the
defendant be discharged on the ground
that the whole proceedings had been il
legal as he had been refused review by
Court deciding adversely. he took another
appeal to the Supreme Court. The Gov
ernment is anxious to have both appeals
heard at one tinfe In order to finish the
case, but Mr.. Lewis hbpes TO have them
heard Separatelys so that if the first is
overruled he mayafaff- back on the second.
thus prolonging his clients life. II is |
further claimed that new evidence shows |
Mason WAS killed by his own gun, which. !
stood in the corner of the |
room and was not shot through a Win !
dow, thus disproving the charge of pre- !
meditated murder. This may be utilized |
for another appeal in case those pending |
are oyerruled.
The nearest approach to this remarka- |
ole case is that of Hopt. of Utah. whose |
case was before the United States Su- |
preme Court three times and occupied six |
years. Hopt was finally hanged