New-York tribune., 1901-07-29
BORN TO BE DROWNED?
A MURDERER WHOM THE STATE OF WASH
INGTON HAS MADE SEVEN AT
TEMPTS TO HANG.
From The Chicago Record Herald.

TEMPTS TO HANG.
From The Chicago Record Herald
Seven times has the State of Washington tTleu
to hang Charles Nordstrom, convicted In 1871 OF
the murder of William Mason, and seven times
has the State failed of it's purpose. During the
ten wears of this effort Nordstrom has Deen a
prisoner in the Kings County jail, whlle ms at
torney, former Congressman, james hI,1,'o 1nr1ot
Lewis has fought for his life. Last Monday
Seattle and the whole State thought the ola man
was finally cOrnered. and that the hanging Wds
to come off. The United states supreme Our
on that day denied Nordstrom's appeal Tor dis-
charge from custody on the ground that the
state Supreme Court had refused him n review
OF his case But the hanging is now further on
than ever. A defect has been discovered In the
new hanging law passed by the last legislature
which Il is believed invalidates II as 10 all per
sons now under sentence of death or who may
be sentenced TO death before June II Nord-
strom's plucky attorney will test this law In the
courts before any execution can be had
Nordstrom's case Is without parallel In the
United States. He has been seven times tried
for murder. seven times sentenced. seven times
saved. and ten years In prison during all thls
time. That he is guilty there Is uttle doubt' out
he was convicted on circumstantial evidence
and his frequent reprieves are superb illustra-
tions Of how the law be used In these days
for purposes of Jugglery.
During the summer of 1891 Nordstrom
employed as a Iaborer on the William Mason
farm. at the summit OF Cedar Mountain. near
Seattle. dispute arose over wages, and Nord-
strom when IL ended felt that he had got
the worst Of it. He told Mason that he would
get even with him Mason laughed at him.
Nordstrom left his employ. Meeting neighbor
on his way from the farm. he said:
IN XIII old man Mason
The neighbor thought nothing Of II. Several
days later Nordstrom was I'm Seattle, where he
purchased a Winchester rifle and then dsap-
peared. Three nights later william Mason was
shot dead at his supper table The murderer
stood outside a window. resting his weapon on
a log fence. The family dog was sound near the
gate with his head crushed In with an axe. There
were boot tracks near the window. Far away
light could be seen in Nordstroms cabin. but he
not In sight.
The next morning the cabin found empty
and pursuit OF Nurdstrom was started Two
deputy sherns found him near Gilman walking
toward Canada. with his rife over his shoulder
They captured him after n struggle. and he was
brought to Seattle and lodged I'm the county Jail
December 4. 1891. He had no money nor friends
but James Hamilton Lewis took his case and
he has kept him alive ten years
on his first trial NoTdstrom was convicted and
sentenced 10 be hanged His attorney appealed
the case on the ground that during the trial he
had been compelled 10 incrimlnate himself The
court had compelled the prisoner TO III ON a mir
or boots which had been found near the scene u
the murder. The State Supreme Court ala NOT
agree with the attorney that Nordstrom's case
mad been injured by this and ordered the son
tence of the lower court carried out bur nearly
years delay had been secured through the rro
ceedings. The prisoner again sentenced to
be hanged. and then came the second nppcal
This was an application for a writ OF bnneos
corpus. on the ground that the verdict 81 the
jury was Guilty. rs proved" and as the pre-
sentiment was murder in the first. second third
and fourth degrees. Nordstrom could not no befJ
Tor more than the lowest degree Tn. e,tpra,,o
court c"uid not agree with this hut Nordstrorn
Rot another year of life and was feeling very
cheerful As for the county courts tba, 49,.
already furious over the delays secured I,, the
a4t"l' Lewis Again was Nordstron sentenced
and a third appeal came.
Attorney Lewis told the Supreme Court that
,,, o,i vas swedish citizen. and therefore
ehutea 10 a trIal before a grand jury Not bav
] Ead -, q Tfar4f. IL
ceedings The court gave him a stav Of av,.r,,
ton and deiiberated for year over his ,Iaa
only 70 come 10 the conclusion that this anpaaI
might be made by the Swedish Goverrr1e,t ,., -
some hope Of success. but could not be mad. b,,
inc prisoner counsel BY this time Nordstror,
! had become a familiar figure about tho co,,,,...
! jail and felt himself quite at home non. -
! tence of hanging did not disturb him Loca,,es
! ms attorney Immediately made appeal No 4 IN
! the Supreme Court. He said thar Tor5s,,' -
had been made insane by his imprsonrnnt ~, =
! therefore could not be hanged legally. anu
The court sent five DhysicIans y, o,- -
| Nordstrom' and after they had worked over hin,
| for days they pronounced him In the fuu ,, ~
! sion of his senses. The county judge was nov g.
/ angry with the delays that on haarire, - 81
! diet ne Immediately ordered that Nori.
should be hanged in ten days. But Lewis bnli
other resources up his sleeve He had few da
! TO act in. but he jumped the first train Iaor'i1
| Seattle and crossed the continent 10 Narrae,as
! sett Pier. where he found Justice McKeDra -
! the United States Supreme Court To him he
said that the prisoners sanity insanity had
not been determined by jury. as II sbouId baI,
been Justice McKenna at once issued n stf,, 80
| execution.
| This gave Nordstrom a year and half vn.
| of life, during which time his attorney closaI,,
| watched his interests. Then he was apain -
| dered hanged upon which his attorney oratr
appealed to the United States Supreme Co"rt
| claiming that the prisoner should he discbara.Li
because a review of the case had been 49,
him by the state Supreme Court. This point tba
national court decided last Monday and Nj
stTom's death seemed a certainty
| But fate is with him. a remarkable attorra,,
| The discovery OF a supposed defect in the nau1
hanging law apparently gives him wear or
more Of life. The defect is the same as tbat
| discovered In the Colorado hanging law The
| United States Supreme Court in the matter ~
| the Colorado law knocked IL out. The Co1orad do
law. like the Washington law, contained no saw
| Ing clause, and the national court held that a.
was an eX post facto law.
| Attorney Lewis will make the most of this
point. since If he wins. ii means the final saving
OF his client-the most tried and sentenced man
! in the United States. Nordstrom is a model nrIs
oner He is never disturbed about ANYTHING nm
less some one mentions in his presence the sub
Ject of hanging Then he is morose
He is apparently not very anxious To be free
but greatly desirous of not being hanged Seven
years ago he might have had his freedom If he
had wished 1t. Tom Banck confined in the
county jail for murder made an imitation pistol
out of wood, got the keys away from a keeper
| opened all the prison doors and set everybody
free. Nordstrom walked out into the open but
| he did not attempt to escape. hc called at the
| sheriff's house. told him what had happened and
| aSIxe to he n