Los Angeles herald., 1906-07-26
TOLD To PRESENT
100 AFFIDAvITS
ATTORNEYS FOR STACKP0LE
MUST SHOW COURT
state Knocks Down BuIwarks of the
Defense in Scheck Murder
Case to Prevent Change
of Venue

Step by step. Attorney Ed. Fleming,
representing the district attorneys of
fee, is knocking down the bulwarks
opposeHby attorneys for Eugene Stack
pole, the alleged murderer of joel
Scheck, and yesterday the defense re-
ceived second jolt when it was told
to take time and serve the district at
torneys office with the 100 affidavits
prepared for evidence In petition for
change of venue.
The crime was one of the most re-
voting in the history of the west and
according to the statements of officers
of the county has but one parallel in
the history of the state.
Scheck was a harmless, inoffensve
sort of young benedict, loving his
young wife with all the love he was
capable of offering and holding high
regard for his friend, Eugene Stack
pole.
Finally one night there was COM
motion in the Scheck home, the sound
Of shots and then five minutes elapsed
before Mrs. Scheck dashed from the
house and yelled that burglars had
murdered her husband.
Wanted Five Minutes
Why she waited five minutes after
the killing before she called for help
has been explained by her in a con-
fession in which she admits having
had a mad infatuation for Stackpole
which terminated fatally for her hus-
band.
She stated that Stackpole and she
had agreed to the murder and that she
opened the door to admit the midnight
despoiler of her home, and later waited
until he managed to return to his room
some blocks away before she gave the
alarm.
All the facts were simply her ale
cations in a confession, but the mere
details of such a revolving and hideous
crime have stirred the people of the
county as never before.
Stackpole's attorneys first tried to
have him released on habeas corpus
proceedings. Later they alleged he
had not been examined properly in the
lower courts. They failed in both cases.
demurrer to the information went
down before the arguments of Attor-
ney Fleming and then Stackpoles at
torneys demanded to be allowed to see
Mrs. Scheck and hear her confession
and evidence from her own lips.
Told to File Them
Again they failed and yesterday when
they appeared with petition for
change of venue, they were told to file
the copies of 100 affidavits they have
collected and appear in court on July
81 and then argue out the question.
The attorneys allege that Judge
Smith cannot give Stackpole fair
trial. They further allege that twelve
fair men cannot be found in the county
because of the sentiment created
against Stackpole by the monstrosity of
the murder
They allege they have 100 affidavits
from -countrymen to the effect that
they are prejudced against Stack
pole and could not give him fair
trial were they called to serve on his
Jury. Subpoenas for seventy-five other
countrymen will be issued. and they
will testify of their prejudice toward
the accused man.
All this evidence will be hurled at
the court, July 81, just seven days be-
fore Stackpole is to face jury in his
last mad fight for his life. -
Should He Fail
And should he fail and the court
refuse to allow the case-to be tried
in another county on the ground that
there are at least twelve unprejudiced
men in the county, then Stackpole will
go before a jury and in department one
of the superior court will make his
fight for life, in a room, from the Win
doys of whcih the faint outlines of
the former Scheck home, devastated by
the hand of some demon, can be seen.
And there he will be compelled to
face the wife of the murdered man
and listen to her testimony in which
oI,o OH ,.cac him with the I11IIrdar