The Wickersham Scandal: A Judge’s Honor on Trial

THE WICKERSHAM CASE. Feeling of the Third Day of the Trial. Of the Complaining Witness Occupying Self All That Day.

At 9 o'clock yesterday morning the Wickersham trial was resumed in the district court. The personnel of those in attendance was the same as the day before. Only one or two new witnesses from Seattle were noticed, and the same large crowd filled the auditorium.

The first witness was George G. Mills, formerly purser of the steamboat Fleetwood, who had been called out of turn in order that he might return at once to his duties. His evidence was only corroborative of the statements made by the prosecutrix that she and the defendant had gone to and returned from Olympia on the Fleetwood together.

MISS BRANTNER CROSS-EXAMINED. Miss Brantner was then placed on the stand and the cross-examination was begun by Mr. John P. Judson, leading attorney for defense.

The witness was first required to explain how it was she could see Mr. Wickersham in Chilcott's restaurant when he was in one of the private boxes and she in the main part of the room, waiting for a box. To this she did in a clear manner and the point was dropped.

Next her testimony in regard to asking advice of Mrs. Saunders before calling at Judge Wickersham's office was brought up, and the witness made the following explanation: "I thought it improper to go to the courthouse and ask Mr. Saunders what she thought about it. She said that Judge Wickersham was an honorable man and held a high position and that it would be all right for me to go. She did not tell me he was married or that he was probate judge."

Then the witness was questioned as to her first and subsequent visits to Judge Wickersham's office and to describe its location. Both answers were the same upon the direct examination. "How long did you remain at Judge Wickersham's office the second day that you called?" "I don't know." "Two hours?" "It may have been that long." "What were you talking about?" "I don't know." "Did he not say you was very beautiful?" "How many times?" "I don't know; it was a great many times." "Did you mention these occurrences at the office to Mr. Saunders, or any other lady?" "No sir, I did not." "Why didn't you?" Here the witness broke down and wept for several moments. When she recovered her composure this line of questions was dropped and the ride she testified to taking with the defendant to his farm was brought up.

BAKEBAUGH'S NAME APPEARS. "How many times have you passed over this road to Mr. Wickersham's place?" "Only twice." "Who was with you?" "Judge Wickersham only." ... [Cross-examination continues regarding B.F. Kadebaugh, a barber named Young, and Jack Stewart] ...

THE TACOMA PHYSICIANS. "Did Dr. Miller attend you when you were ill at Mr. Talbot's in March, 1897?" "Yes, I was sick then, and Dr. Miller treated me for what he called heart trouble." "Is it true, as you stated on direct examination, that Drs. Miller Brown administered cocaine to you at the time they performed this alleged operation?" "It is." "How do you know it was cocaine?" "They said it was."

JUDGE BURKE'S REBUKE. On the rebuttal the witness stated that she had gone to Dr. Misner in May, 1897 with the story that Mr. Wickersham had put into her mouth about her marriage. Prosecuting Attorney Ronald then asked her concerning her relations with Ed Hall. "How did you know Ed Hall?" "I saw him once or twice at the Central schoolhouse in Tacoma. He had been away and on his return he was pointed out by a friend." "Were you on terms of improper intimacy with him?" "I was not."

Just then something happened to cause the large audience to burst out into a loud laugh. Judge Burke, who had been listening attentively to the evidence, sprang to his feet and with a gesture that commanded immediate silence and order, said: "I will allow no such conduct in this court room. If I had felt sure I had a right to clear this court-room I would have done so long ago. I have no patience with such prurient curiosity as has been exhibited during this trial by the crowd that stands open-mouthed to hear the details of a woman's shame. I do not know that I have the right to clear this room of all but witnesses, but I do know that I have power to preserve order. Mr. Bailiff, if you see anyone making a disturbance again come forward and I will make an example of him."

One of the bailiffs stepped over to a man sitting in the body of the house and taking him by the arm led him before his honor and charged him with laughing and making other disturbances. The man protested he was a witness and had been orderly. "Yes, he's a witness for the defense," said the prosecuting attorney. "No, he isn't," said Mr. Judson, "he is your witness."

While the attorneys were wrangling over this question Judge Burke reprimanded the fellow, who proved to be the innocent man Ward, of Tacoma. After this there was no disturbance in court.