The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1907-02-11
Murderer Of Judge Emory is
Declared to be Dangerous
FATHER FIGHTS FOR SONS LIBERTY
EANFORD;S DECISION TO BE
TAKEN AS PRECEDENT By
SEATTLE LAWYER.


torney Kenneth Macintosh. of King
county. at 2 o'clock. this afternoon. filed
ar information charging Chester
Thompson, acquitted Saturday on the
grounds of insanity. of the murder OF
Judge George Meade Emory. of Seat
tie with being dangerous person. The
result of his action will probably be
that Superior Judge Smell will order
a hearing to determine whether or not
the charge is well founded, and if such
proves to be the case, Chester Thomp-
son will be sent to- the penitentiary for
life.
w H. Thompson, father OF Chester
Thompson, argued and pleaded against
the only other course possible under
the law, discharge the young man and
allow the father to keep the promise
made to place his son in the asylum.
Mackintosh objected. however, and the
matter is being discussed at further
length this afternoon.
The decision of Macintosh with re-
gard to filing the information charging
Chester Thompson with being a dang
erous person WAS REACHED after long
consultation held in Judge Smells
chambers this morning. Only the
prosecuting attorney, Will H. Thomp-
the conference.
Perhaps Another Trial.
The procedure as planned by Mack
intosh will establish a precedent, al
least on the Pacific coast. and may
recessitate another trial as long and
exhaustive as the one just finished af
Ter SO days of hard work.
1t has been generally conceded that
the decision of Fedora! Judge Hanford
was in effect that the Washington state
supreme court decision given in the
Brown case that a person found not
guilty of a crime because of insanity
might be sent TO the penitentiary, was
unconstitutional. Judge Smell has
given the Hanford decision exhaustive
consideration in the past two days and
further consideration this morning de-
veloped that Judge Hanford held the
state supreme court ruling to be con-
sttutional but that it declares the
r,ethod of procedure to be unconstitu
tional, inasmuch as the jury which
found the defendant not guilty because
Of insanity was not passing on the
question of whether or not he wa:
dangerous.
The supreme court decision in cues
zion holds that in a similar case tn,
judge has two alternatives in case thu
defendant is believed to be dangerous
He can either send the defendant t,
tie penitentiary OF turn him over t,
his relatives under 4 bond. If Their,
is nothing to indicate that it is danger.
Gus for the defendant to be at larg,
the judge has the power to release him
It is this arbitrary power conferred OF
the judge that the HaufoTd decision af
fectS
Neither Prosecuting Attorney Mack
intosh nor Judge Smell is positive as tt
the extent of the hearing necessary Il
decide whether or not Chester Thonp
son is dangerous and it may be thai
the testimony of medical experts onl,
will be required. Will II. Thompson
argued this morning that it would
mean a repetition OF the trial just com.
pleted.
Macintosh is confident. however, tina
il Judge Smell holds young Thompson
for a hearing ii will result in sendins
former Judge Emory's slayer to tn,
penitentiary.
The medical evidence on which tn,
jury is supposed to have based it
judgment that Chester THOMPSON wa
insane is that he is a paranoiac. suf
fering from a fixed and systematic de