The Strange Leniency of a Supreme Court Murder Verdict
After two trials and two death sentences, the Washington State Supreme Court abruptly commuted Albert Friedrich’s murder conviction to second-degree, sparking legal confusion and outrage from the defendant himself.
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The supreme court of the state of Washington yesterday handed down a most important decision, setting aside the judgment of the superior court in the case of Albert Friedrich, convicted of murder in the first degree for the killing of Julius Scherbring, and ordering that a judgment of guilty of murder in the second degree be entered. The crime occurred in July on the Grant street bridge. Friedrich was twice convicted under Judge Humes, but the supreme court ruled that while the evidence proved Friedrich fired the fatal shot, there was insufficient evidence of premeditation or 'extrinsic circumstances' to warrant a death sentence.
When informed of the decision in his county jail cell, Friedrich reacted with fury rather than relief. 'It’s a mistake; they can’t render a decision like that,' he protested. 'If I’m guilty of the charge preferred against me there is no half-way business about it. If the supreme court has rendered such a decision it shows that it does not believe me guilty, but was either afraid to render a proper verdict... I would rather end my life than spend the remainder of my life in the penitentiary.' Friedrich’s attorney, W. U. Tyler, expressed surprise, arguing that the court exceeded its authority by modifying the judgment, and vowed to appeal to the U.S. Supreme Court.
“If the supreme court has rendered such a decision it shows that it does not believe me guilty, but was either afraid to render a proper verdict or, merely because of prejudice, declined to do me justice.”
This case highlights the historical volatility of the Washington judicial system in the 1890s, where 'first-degree' murder often relied on murky definitions of intent. Friedrich’s preference for execution over life imprisonment remains a chilling, if rare, window into the desperation of the Victorian-era carceral experience.
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