The Gallows Reprieve: Nordstrom's Federal Appeal
Convicted of murder and only days from execution, Charles W. Nordstrom wins another stay—this time on a constitutional technicality that could reach the U.S. Supreme Court.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
Charles W. Nordstrom, convicted of the murder of William Mason on November 21, 1896, and sentenced to be hanged a week from next Friday, has again succeeded in evading the law on a legal technicality. His attorney, James Hamilton Lewis, succeeded yesterday in securing a stay of execution from Chief Justice K. O. Dunbar of the supreme court, in order to permit a hearing before the United States Supreme Court on a new federal question.
The case is also up on a writ of error filed by Chief Justice Fuller through Judge Hanford's court and ordered up to the Supreme Court justices at Washington, D.C.
The following special telegram is self-explanatory:
Special telegram, Aug. 22.—Chief Justice K. O. Dunbar of the supreme court made a decision here today which may give Charles W. Nordstrom, under sentence to be hanged next Friday, a new lease of life. By appointment Judge Dunbar arrived here, after traveling thirty-seven miles, where he was met by James Hamilton Lewis, Nordstrom's counsel. Mr. Lewis presented argument for the setting aside of the death sentence, and petitioned for the appeal of the whole case to the supreme court of the United States. Judge Dunbar asked upon what new federal question this appeal was demanded. The counsel urged that the act of Congress admitting this state into the Union exacted that it make a constitution not inconsistent with the Constitution of the United States, but that instead we adopted a constitution permitting a man to be tried for his life upon the affidavit of the prosecuting attorney, when the federal Constitution required that in all capital cases the defendant should be prosecuted on an indictment. The counsel said in this conflict the constitution of the state must fail, and all laws under it and prosecutions under such laws were illegal and the prisoner entitled to be exempt from this prosecution and death sentence. Judge Dunbar so decided and granted the appeal on the point presented, and ordered the execution of Nordstrom to be stayed.
Nordstrom's Swedish friends have been actively at work in the last week since the true condition of affairs was set forth in the Post-Intelligencer last Friday, and it is known that George McGraw has been applied to for a thirty days' stay of execution in the event of all other measures failing pending the perfection of the appeal to the Supreme Court of the United States. This message came too late last evening to notify Nordstrom of his good luck, but as he has stood within the shadow of the gallows for nearly three years, he is said to have grown indifferent as to results. He, however, stoutly maintains that he is innocent of the murder, and many of his countrymen believe him.
“He has stood within the shadow of the gallows for nearly three years, and is said to have grown indifferent as to results.”
Capital appeals can still stretch for years, and immigrant communities often rally around defendants they believe are wrongly convicted. Nordstrom's case shows how legal technicalities and federal review can delay—or ultimately overturn—a death sentence.
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