The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1920-12-18
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your honor is probably advised
somewhat on the following state OF
facts. l filed AN affidavit practically
setting forth these facts In conneo-
tion with the case:
Investigation which tho prose
cutting attorneys office has been
able TO make has never developed
anything which showed 20 our minds
conclusivciy that there was any prc'
meditation upon the part Of either OF
these people in tho taking Of the
baby. nor could We show that Miss
Braincrd know the child was 60 be
taken other than the fact that she
saw MIR. stage running TO the ear
with the baby and telling her 10
drive.
NOf ccur,w. sfrnt oonciusivefy 60
tahlishcs her guilt as an accoutplice
In tho case. whether II was prcmedt
lated or not. I win say also that
the witnesses We have In Seattle all
she did not know the court had made
a final decree dispensing OF the baby.
but that Mr.. Staxg had told her that
the court had not made any DISPOSE
tion OF the child
MUST HAVE KNOWN
SHE DID WRONG
we did not know whether these
facts wvre true or not. but assumed
that II shc helped him In tho way
that she dbl she must have realised
II was wrong. and that was sufficient
to combat ~ In court befor, jury.
Mr.. Stage has never been arrest
ed and both cities were unable TO
ind him. The case was set for triad
ON Tuesday OF this week. on last
Thursday l was In consultation with
Mr.. Henderson. I told Mr.. Hender-
son ! believed Mr.. Stage was the
real party In interest and claimed
he was the only one to profit In any
way by the kidnapping: in other
words. II was his child and not her
child. that N she did anything IL was
To assist him In committing the
crime. but since he was the guilty
party he was tho ono who should re-
ceive punishment
AFTER consultation I agreed with
Mr.. Henderson that II II would DO
possible to get Miss Brainerd To
cause Mr.. Stage TO deliver himself
understood at that time he was be
yond the Jurisdiction of the court
and beyond tho extradition laws of
tho United States. althc I had no
knowledge and l do not know now
what country he was tn--I told Mr..
Henderson n Miss Braincrd would
get Mr.. Stage 20 return. not for the
purpose OF standing trial. but for
tn. purpose OF pleading guilty and
saving the county tho expense Of n
trial. and take the sentence imposed
by tho court. that I would not press
the charge against Miss Brainerd-
SURRENDERED HIMSELF ON
THAT UNDERSTANDING
Mr.. Henderson notified me later
that nc had b-en able 10 secur. this
promise and Mr.. Stage has volunsar-
lily delivered himself In court this
morning. not IN the custody Of an
officer. but Of his own accord and
appeared with that understanding.
-of course this agreement Ia not
binding upon the court am Pre-
senting n To the court thinking II
In IN the interest q Justice and for
the beat interest," Of all concerned
Saving she county not only The az
pen-e Of q tedious trial. and tho CON
fewsion OF guilt of the raj party In
interest. convfnccs mn that II wouid
BE- proper and Just b Dismiss tho
charge against Mis- Brainerd
Il mako this motion at this time
Judge Fletcher said I think. Mr..
Askrcn. that you have acted wiseiy
In the matter. and I win grant your
motion
With ne granting Of she motion.
Stage and Attorney Henderson ross
Immediately and started for the door.
Tho Deputy Sheriff Tom Desmond
sat across thu table from Stage thru
out the hearing. he simply followed
Stage and his attorney thru the cor.
ridor and down to the Jail
BOOKED. LOCKED UP
BABY NOT IN COURT
stagy was promptly booked and
locked up. lie said he did not want
To sec any one
Little Bobby Stxg was not In
court II he had been. II In doubtful
II Stage would have seen him. for he
did not look around or recognize any
one.
There was nothing OF she debo-
naiY. carefrce man Of the world
about him. II was evident he rrai.
he'd the situation and had gone into
Il with full knowledge Of what he
faced
He appeared resolved 10 70 thru
Sorry 10 have kept you waiting. =
was Stages greeting 10 Scott z.
Henderson. his attorney, and the
three Newspaper men who met him
on his return.
RIDES UP MAIN STREET
UNDER GLARE or LIGHTS
Stage was not molested on his ar.
rival In Tacoma. tho he rode up Pa
cific ave. In Henderson's auto under
the glare Of the street lights, without
an attempt to avoid being seen
He spent the night at Henderson's
home at Lake Steilacoom-
The train bringing STACY back TO
Tacoma TO face punishment for his
crime was DELAYED about two hours