Los Angeles herald., 1906-07-12
.STACKPOLE IS
AGAIN REMANDEO
PETITION OF ATTORNEYS IS
DENIED
Man Accused Of Numbering Joel
Scheck Must Stand Trial on
charee-Police Defend
Themselves

Following an entire day of heated
argument before Judge Smith of de-
partment one of the superior court yes
terday Ernest @. Stackpole, charged
with the murder Of Joel Scheck, was
remanded to the custody of Sheriff
White and a re-examination i'm the pre-
liminary courts, as petitioned by at
torneys for the defendant, was denied.
Yesterday morning when the case was
called the court room was crowded with
men and women eager TO catch sight
of the prisoner. Stackpole was ushered
into the court and took a seat inside
the railing.
For a second time the affidavits made
by Stackpole and others We're read in
court. In them Stackpole had made
sensational charges against the police
and detectives, alleging that he had
been thrown into a dungeon and COM
PEELED to live there in filth until such
time as the police saw fit, when he was
hustled to a darkened room and there
surrounded by members of the detec-
tive force and compelled to go through
a brow-beating process in the hope that
he might make some admissions re-
garding the case.
Contradict Mans Story
Then the district attorneys office,
through Deputy Fleming, presented
arguments and affidavits, and the al
legations made by Stackpole regarding
the police department were very soon
contradicted. Captain Flammer and
many others testified that Stackpole
had been confined in one of the ordinary
cells of the Jail and that if it did not
suit his fancy it was simply a matter of
taste. because prisoners were housed in
the same cell every day.
The sweating process, which is a
form ot the detective departments in all
cities of the country, was not denied,
but the detectives stated that the only
dark room to which Stackpole was
taken was the chief of detectives room
and that there he was not mistreated.
The preliminary examination was the
only hitch where the defense managed
to state a positive grievance, and that
was on the question of Stackpole's
rights there. AT that time, according
to the evidence, Stackpole was sur
rounded by newspaper men, one OF
whom suggested that. he call Mrs.
Scheck as a witness The consterna-
tion of the prosecution when they might
have submitted with grace and still
gained their end was so apparent that
Stackpole took exception to the preju-
dice against him.
Another point seemed to grieve
Stackpole, and that was the fact that
at the trial there We're about half
score of Hawkshaws who crowded
about him, even those who had moth
ing to do with the case being present,
and who prevented him from talking
by looking fiercely at him as though
they were going to eat him.
yellow compIcates Case
Later when the newspaper man had
suggested that Stackpole call Mrs.
Scheck a a witness, the bailiff was re-
quired to eject a newspaper man from
behind the railing, which also was
breach of court etiquette and which
may resul in the defense securing a
new trial on error in case Stackpole
is convicted. for at that time the re-
porter was acting as the mans adviser.
Then the subpOenas were filed, but
Judge Smith refused to listen to any
witnesses. The case was a motion for
a new examination because of error,
and the attorneys were allowed to fight
it out only with affidavits and argu-
ment.
When the entire question was
summed up the defense had stated that
Katy did" While the prosecution had
also proven that Katy didn't" and
Judge Smith refused TO allow new
trial and remanded the prisoner back
to the custody of the sheriff.
This morning, however, undaunted
by their past defeat, attorneys for
Stackpole will again appear in court
and enter a demurrer TO the Informal
tion again Stackpole on the ground that
that document is incompetent.
If the demurrer is overruled then
Staclpole will plead Not guilty" to
the charge of murder after which his
attorneys will enter a petition for
change of venue, to take the trial clear
out of the county and have the case
tried probably at San Bernardino or
San Diego.