Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1901-07-07
CAN'T HANG HIM
State Of Washington Has Great Diff
Guilty in Killing Man.

strom, convicted in 1891 Of the murder
L of William Mason. and seven times has
the state failed of it's purpose. During
the ten years of this effort iNordstrop
has been prisoner in the Kings county
Jail. while his attorney, former Con-
gresham James Hamilton Lewis, has
fought for his life. Last Monday Sc
attic and the whole state thought the
old man was finally cornered. and that
the hanging was to come off. The
United States supreme court on that
day denied Nordstrom's appeal for n
discharge from custody on the ground
that the state supreme court had re-
fused him a review OF his case. Pint
the hanging Is now further off than
ever. A defect has been discovered in
the new hanging law passed by the last
legislature, which, II IS believed. In
validates 1t as to all persons now under
sentence of death or who may be SEN
fenced to death before June IA. Nord-
strom's plucky attorney will test this
law in the courts before any execution
can be had.
II 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 this
II time. That he IL guilty there Is little
doubt but he was convicted on circum-
stantial evidence. and his frequent re-
prieVes are super RIB illustrations OF how
the law can be used In these days for
purposes of juggierg.
During the summer Of 1891 NOrd
strom WAS employed as laborer on
the William Mason farm at the summit
Of Cedar mountain, near Seattle. A dis
/ pute arose over wages and Nordstrom,
when 1t was ended. felt that he had got
the worst of It. He told Mason that he
would get even with him. Nordstrom
left his employ. Meeting nelghbor
on his way from the farm he said;
"I'll kill old man Mason
The neighbor thought nothing of ii.
/ Several days later Nordstrom was in
! Seattle. where he purchased a Win
chester rife and then disappeared.
/ Three nights later william Mason was
shot dead al his supper table. The
murderer stood outside a window, rest
ing his weapon on log fence. The
! family dog was found near the gate
with his head crushed In with an AK.
There were boot tracks near the win
dow Far away a light could be seen
/ in Nordstrom's cabin, but he was not
in sight.
II The next morning the cabin was
found empty. and pursuit OF Nordstrom
was started. Two deputy sherffs found
him near Gilman. walking toward Can
ada. with his rife over his shoulder.
/ They captured him after a struggle.
and he was brought to Seattle and
lodged in the county jail December
Il Z 1891 He had no money nor friends,
i but James Hamilton Lewis took his
case, and he has kept him alive ten
/ years.
On his first trial, Nordstrom was con-
victed and sentenced to be hanged. His
attorney appealed the case on the
ground that during the trial he had
been compelled to lncrim'nate himself.
The court had compelled the prisoner
to ft on u pair OF boots which had
been found near the scene of the muir
der. The state supreme court did not
agree with the attorney that Nord-
strom's case had been injured by this
and ordered the sentence of the lower
court carried out, but nearly a years
delay had been secured through the
proceedings. The prisoner was sem
fenced to be hanged second time, and
then came the second appeal.
This was an application for writ of
habeas corpus on the ground that the
verdict of the Jury was guilty, as
proved" and. as the presentment was
murder in the first degree Nordstrom
could not be held for more than the
lowest degree The supreme court did
not agree with this. but Nordstrom
got another year of life and was feeling
very cheerful As for the county courts,
they were already furious over the de-
lays secured by the adroit Le wis. Again
was Nordetrom sentenced, and third
time appeal came.
Attorney Lewis told the supreme
court that Nordstrom was a Swedish
Il citizen, and therefore entitled to a trial
before grand jury. Not having had
this, Lewis moved 10 dismiss all the
proceedings. The court gave him
stay OF execution and deiberated for
a year over his plea. only to come to
the conclusion that this appeal must be
made by the Swedish government with
some hope of success, but could not be
made by the prisoners counsel BY
this time Nordstrom had become IA
milar figure about the county jail and
felt himself quite at home A. new
sentence of hanging did not disturb
him. because his attorney Immediately
made appeal No. 4 to the supreme
court. He said that Nordstrom had
been made insane by his imprisonment
and therefore could MT be hanged
legally.
The court sent five physicians to. ex-
anime Nordstrom and after they had
worked over him for days they pro-
nounced him in the full possession of
his senses. The county judge was now
so angry with the delays that on hear
ing this verdict he imme diately ordered