Los Angeles herald., 1906-07-07
STACKPOLE MUST
NOW STAND TRIAL
JUDGE TRASK DENIES WRIT OF
HABEAS CORPUS
In Rendering Decision Says Evidence
Points Strongly to Fact That Ac.
eused Man Is Guilty Of
Murder

II have reviewed the evidence in this
case carefully. The details in many in
stances are small and do not amount
to much when taken alone. but step by
step the chain of eveIts preceding the
death Of Joel Scheck point to this ac-
cused man, Ernest c. StaCkpole. as an
accomplice to the murder or possibly
the perpetrator of the deed Therefore
II is the order of this court that the
accused he remanded to the custody of
the sheriff and this writ of habeas
corpus he denied"
Such was the statement made by
Judge Trask of department of the
superior court in refusing to release
Stackpole, who is charged with the
murder of Joel Scheck. and when the
spectators who thronged the court
room finally realized that the proceed
ingS was over there was suppressed
exclamation of approval at the verdict.
But as for StaCkpole, the excitement
died quickly within him as he began to
understand even before the Judge had
spoken a dozen words that his conten-
tion had been lost, His face set hard.
and he looked squarely at the attorneys
who had been prosecuting him.
w ants OICdU OOlldTS
"Will you see that get those clean
collars some time between now ard the
time l appear in court again?" was his
only remark, but the words came even
ly and there was not the slightest trace
OF emotion.
Then StaCkpole was hurried through
the crowd by Bailiff Chick. He was
taken before Judge Smith of depart
ment l of the superior court and was
asked to plead, but his attorneys inter
fered and objected to the hasty pro-
cedure. They were allowed until Mon
day morning to file objections to the in
formation and other complaints. 1t is
now understood that the prosecution
OF Stackpole will be one of the most
stubbornly contested cases in the his
tory of the local courts.
Vest erday morning when the case on
habeas corpus proceedings was called
before Judge Trask. Stackpoe was
again ushered into court.
The room was so crowded with the
spectators that it was with difficulty
that the prisoner could be taken to his
seat inside the railing. Suddenly some
one in the crowd recognized the accused
man and he spent several minutes
pointing out Stackpole to all the other
spectators.
The argument lasted but few mo-
ments and then Judge Trask handed
down his decision. reviewing the case
from start to finish.
Hands Down Decision
The evidence in this case has been
carefully secured said Judge Trask.
Beginning at the time before the
murder when Stackpole and Mrs. Scheck
were seen walking on the street to-
gether. The woman was heard to say
How shall we git rid of him?' to which
Stackpole answered, Leave that to
me-
THAT statement by itself might not
appear so remarkable, but when a few
days later the man was killed the state
ment becomes of import.
"On the night of the killing the
woman was in that room when the
shooting occurred, yet there was q
lapse of five minutes times from the
reports of the revolver before Mrs
Scheck started to call for help.
Then. following up in the evidence,
the friends of the murdered man rushed
to Stackpole's home. Stackpole had
been Schecks friend, and they were
anxious to break the news of the
tragedy to him.
Did he get excited or frustrated or
show any sorrow that his friend had
been murdered? Not a bit of il. He
was very calm and light was burning
in his room. He invited all the people
in. Then he dressed without show of
excitement and smoked a cigarette A
man under those circumstances ordi-
narily would have been so excited he
could not have buttoned his clothing.
The first question would have been for
the details, but Stackpole walked quiet
ly tp NriaN "a of ;e
friend.
Criminal Testimony Existed
From the evidence it appears that
there was a criminal. intimacy existing
between this man and Mrs Scheck be-
fore the murder. That point would
create motive.
when this man was arrested and
taken before a magistrate a, tried on
preliminary hearing he called that
woman to court. She was in the room
of death when her husband was brutal
ly murdered, She alone knew the de-
tails of the tragedy, and yet when they
called her in to testify in this mans
behalf she who could have cleared him
in an instant by her statement did not
say a word in his defense.
Every step in this case gives me
reason to believe that Ernest G. Stack
pole was implicated i'm the taking of the
life Of Joel Scheck. and l will therefore
remand him 10 the custody of the
sheriff to stand trial"
During the morning Stackpole had
shown traces Of nervousness. THE man
of IRON as the alleged murderer has
been called by his roommates in the
county Jail, showed ever so slight agita
ton.
AS long as the officers had called him
hard names and tried to break down his
defense he had been adamant, looking
at them with his great jaw set and his
eyes giving back stare for stare.
Becomes Slightly Nervous
But yesterday morning it was diff
ferent. A slight ray of hope ever so
slight, had begun to dawn on the
prisoner and he began to shake with
this hope. First his eyes twitched and
he put both his hands underneath his
hat TO conceal his agitation. His foot
tapped gently against the floor and time
after time he rubbed his hand over his
shaven chin.
But when the case began to go
against him back TO TO his quiet nerve