A Judge Refuses to Wait: William Holmes Sentenced to Hang

William Holmes, colored, convicted of murdering William B. Russell, another colored miner, at Newcastle last January, was yesterday denied his motion in arrest of judgment, after a lengthy but unsuccessful argument by his attorney for a writ of prohibition to restrain Judge Moore from passing sentence.

The courtroom was almost empty, with only the prosecuting attorney, the prisoner's attorney, and two or three others present besides the officers. All showed in their faces a keen appreciation of the solemn words that doomed a human being to death—all but the prisoner. He stood in front of the clerk's desk facing the judge, balanced on one foot, his short, chubby figure drawn up by a stooping posture, and looking straight at the judge never moved a muscle before the slow, steady working of his jaws on a quid of tobacco. He appeared the perfect picture of indifference, and was hastily returned to the county jail, giving no sign by word or look of appreciating the extremity of his position.

Last Monday Judge James T. Moore denied a motion for a new trial and was immediately confronted with a motion in arrest of judgment on the novel ground that he had been improperly summoned from Spokane to King county to try the case, and hence had no jurisdiction. Judge Moore took the question under advisement and for two days had been busy looking up the authorities bearing on this new feature in criminal actions. The grounds on which the motion was based had created considerable discussion among the lawyers generally, the bar being about evenly divided on the question.

Reading from notes the judge held that the act of the legislature providing for calling judges into counties not their own to hold court was directory and not mandatory; that the defendant's objection came too late; and that the trial and all orders therein were the acts of a de facto judge and valid as such. 'Therefore,' he concluded, 'the motion in arrest of judgment is denied.'

Holmes's attorney, Melvin G. Winstock, next moved for a writ of prohibition to the supreme court on the same grounds. Judge Moore questioned the motive of the attorney in making a motion which he termed 'experimenting with the courts.' He said he did not propose that the case should drag for another five months, and refused to entertain the writ.

He then called Holmes to the bar. The prisoner, first emptying his mouth of tobacco juice, walked from the rear of the attorneys' part of the courtroom and stood nonchalantly looking at the judge. Said the judge: 'William Holmes, you have been charged with the commission of a crime, that of murder in the first degree. You have had a trial on that charge upon a plea of not guilty. Your trial has been fairly conducted; you have been zealously defended by your attorney and a jury has found you guilty as charged. Have you anything to say why the sentence of death should not be passed on you?' Holmes remained silent, blankly staring at the judge.

Holmes's attorney urged a suspension of the sentence on the grounds already stated, but the judge, paying no attention to the plea, addressed himself to the prisoner: 'The judgment of the court is that you be returned to the county jail and there kept by the sheriff of the county until such time and place as shall be designated by warrant, and that you be then taken hence and hanged by the neck until you shall be dead.'

Holmes returned to his seat, his eyes wandering about the courtroom, without a sign to indicate that he understood the sentence. His attorney gave notice of an appeal to the supreme court.