The Wig and the Wire: How a Tacoma Newspaper Owner Tried to Destroy a Judge

THE WICKERSHAM CASE. Proceedings of the Sixth Day of the Trial.

The first witness put upon the stand by the defense in the Wickersham trial yesterday morning was Probate Judge Rochester, of King county, to testify to some affidavits made by witnesses for the defense, and which defense had asked the prosecuting attorney to show to the grand jury before it returned an indictment against Judge Wickersham. These affidavits were to the effect that there was not bias in the case against Judge Wickersham, but a political conspiracy.

Henry Berliner was the next witness. He testified that he had seen Miss Brantner wearing a gold watch and chain and other jewelry, and that she had told him that Steve Baker was the cause of her downfall. On cross-examination his testimony was somewhat shaken.

Miss Emma Mannas of Tacoma testified that she had seen a marriage certificate in Miss Brantner's trunk. Mrs. Garretson was recalled and corrected some evidence concerning dates later than former testimony.

WICKERSHAM'S WITNESS. R. F. Murray, who was law partner of Judge Wickersham at the time of the occurrences upon which the action is based, testified that the writing upon the Eureka hotel register was not Judge Wickersham's. Prosecuting Attorney Ronald admitted this.

On cross-examination the witness recognized the inscription in the marked copy of "Don Juan" given Miss Brantner as being in Judge Wickersham's writing.

George Gunn, a Tacoma grocery clerk, testified that he considered Miss Brantner's character to be bad as she had nodded her head at him when he was driving a delivery wagon on the street and had said Ah! there it is. "Do you consider that unchaste?" asked Mr. Ronald. The answer, "Yes, sir," brought laughter from the audience.

The defense then rested its case.

JUDGES IN REBUTTAL. Miss Brantner was the first witness called in rebuttal by the prosecution. She testified: I never told Henry Berliner that I had been ruined by Steve Baker. I quit wearing short dresses during the year prior to October, 1887. I never saw Sadie and May Smith before they came here as witnesses. I do not know John Budlong nor Jack Stewart. In September, 1886, I shingled my hair and kept it as short as a gentleman usually wears his hair until about a year ago.

HER HAIR WAS FALSE. "Is the hair you are wearing now natural or false?" asked Mr. Ronald. "False," was the laconic reply, somewhat startling to those who had noticed the luxuriant braid that reached down to the witness's waist. "Then take off your false hair," was the instruction of the prosecuting attorney. The witness did so, and revealed the fact that a false switch had been adroitly coiled into her natural hair, which was not over six inches long. How did you happen to wear false hair?" was the next question. "Why, Mrs. Handsaker told me that there were going to be some girls here to swear that they saw me at McGuire's halfway house, that my hair was long and that they dressed it for me." This created quite a sensation in court, as it threw a shadow of discredit upon the testimony of the Smith girls, who had positively stated that Miss Brantner's hair was long when they saw her at McGuire's in 1886, and in Butte, Montana, who had sworn that he recognized her by her long hair at the time he saw her in Jack Stewart's room.

Two photographs were then produced, and Miss Brantner identified them as being likenesses of herself taken in July and in September, 1887. These photographs showed her hair to have been cropped short at that time. Mr. Wagner, who took one of the pictures, testified that it was taken in July, 1887.

DENIALS AND ADMISSONS. The witness continued: I never met R. P. Radebaugh until I returned from the East. I never talked at the gate with Steve Baker. I never went out with gentlemen from 8 to 12. I never visited Mr. Asber Sargeant, and I do not know Capt. Humphrey. I never borrowed a cent from Prof. Paul. I had my hair shingled in D. P. Lewis' barber shop. The witness then made a general denial of all the specific acts of immorality alleged against her.

MISS BRANTNER'S NARRATIVE. A number of witnesses for the defense had sworn that Miss Brantner wore long dresses in 1886 and 1887, when, they alleged, she had been seen unchaste. Miss Saunders, of Tacoma, was called to rebut this, and swore positively that she had made Miss Brantner's first long dress in September, 1887.

MEDICAL TESTIMONY. Dr. W. W. Misner was called, and testified that Miss Brantner's illness at Mrs. Freeman's, on November 17, 1887, might indicate improper conduct previous to October 23, 1887, or it might not. He further testifies that he had told her, when she came to him afterwards, that her symptoms were only such as a married woman should have, and that she had then told him she had been married. Dr. McCoy of Tacoma gave some expert testimony concerning heart disease, for which Drs Miller & Brown claim to have treated Miss Brantner. He also testified to the bad character of Alex McGuire, as did also County Commissioner A. M. Tultis of Pierce county.

Court then adjourned to 1:30 p. m.

RADEBAUGH'S ADIEU. The first important witness at the afternoon session was Wm Arkley, cashier of the Tacoma Ledger, who testified that Mr. R. P. Radebaugh was in the East from January to about March 12, 1887. He substantiated his evidence by producing business letters, extraneous to this case, written him while Mr. Radebaugh was East.

Mr. Radebaugh himself was then called. He was cool and collected, and during the time he was on the stand, gave his testimony in well-chosen words, never crossing himself, and although he once or twice responded with sarcastic rejoinders to leading questions of counsel for defense, never lost his head or allowed himself to be trapped.

He first gave a circumstantial account of his trip East, and gave dates that he spent in various Eastern cities, showing that he had not been in Washington Territory between January 1 and March 10 or 12, 1887. This evidence he supported by letters written by him to George Francis Train and his wife from Philadelphia and St. Paul.

RADEBAUGH'S PRESENT. The witness then continued: I shaved my beard when I started East, in January, 1887; I never saw Sadie or May Smith until they were brought into court by John Stone; I never went to McGuire's halfway house in company with Sadie Brantner. I was never at any house kept by McGuire with any girl, or on that ground with prosecutrix; I never met Miss Brantner before her return from the East in 1888, and I do not remember to have heard the name of Brantner before that time. I never saw C. W. Young before I saw him in this court, and he never saw me put Sadie Brantner into a hack or carriage or help her out, because I never put her in or helped her out of one; I never drank wine with this girl nor with the Smith girls.

The cross-examination was then taken up by John P. Judson, between whom and the witness there is known to be personal enmity. The witness testified in answer to interrogatories: I first saw the prosecuting witness getting into a hack at the depot on her arrival from Iowa in 1888. I was present when she made her affidavit in this case. I wanted the affidavit to ascertain if charges against defendant were true or not. I don't believe that my relations to defendant were any different than to a majority of people of Tacoma. Wickersham's come in reference to his land matters had been inquired into by my paid agents. "Had you not, prior to publication of the facts in this case, been hunting up evidence for the purpose of blackening his character?" "I have not, at any time, hunted up evidence merely for the purpose of blackening his character. I investigated charges against him as I would those against any public officer, who was criticised." "Defendant and you had differences over Chinese troubles, had you not?" "No, sir." The witness continued: "My newspaper advocated the same cause that Wickersham did. I manifested no ill will towards the defendant of thirteen. I have been sued for $50,000 damages by defendant for publishing articles about this case. I used facts to defeat his renomination and election, and would do so again." "Then you started this investigation deliberately for the purpose of defeating his renomination?" "I brought this investigation because it was brought to my attention by Mr. Van Ogle, and my sympathies were aroused by the girl's wrongs." "You have retained attorneys in this action, have you not?" "Messrs. Doolittle & Pritchard are my attorneys in the civil action." "You know that if this defendant is acquitted you will be in a tight box, don't you?" "I don't think so." "You have taken a great interest in this case, furnishing money and bringing witnesses?" "I have paid nothing beyond my own witnesses. I brought one witness—my cashier. I have talked with the prosecuting attorneys about my case. I know John B. Bingham, but don't remember to have called him to my house to ask him what he knew of Judge Wickersham. I may have done so, and would do so again."

WOMAN AGITATOR?. "Did you not say to him in the month of September that you would fill the air with brimstone against Wickersham?" "I deny that statement." "Did you not threaten to burn defendant if he did not give you the county printing?" "I never spoke to defendant in my life about the printing of the probate court, which is worth about $100 per year I am told." "Did you not say to J. H. Wilt, sheriff of Pierce county, about a week before the convention met, that Wickersham would be renominated?" "I may have said so." "Did you not at this time have your agents out looking up facts about Wickersham?" "I may."

ROMANIC PERSONAL. "You know, Mr. Radebaugh, that you met Mr. Stone and John Boatman at McGuire's, in the month of July or March, 1887?" "You know, Mr. Judson, that you lie." "Did you know that you would be connected with this case?" "It has been a matter of common talk in the slums of Tacoma that my name would be connected with this case." "Then all of the witnesses who connected your name with Miss Brantner's at McGuire's were falsely?" "They did." The witness then testified: "As not Mr. attorneys, I did not pay Miss Brantner's fare from Iowa. I did not send W. B. Coiner back to Iowa to investigate the case." A bank check for $100 was then produced and the witness acknowledged it to have been given by himself. "What was that given for?" "It was for a buggy to bring the prosecuting witness from Sumner to Puget Sound. I was with her at that time." "Then you have been in a hack with her?" "No, sir; but I have been in a buggy with her." The check was offered in evidence and Mr. Judson cautioned the clerk to be careful about it, as "it might possibly be worth something." Radebaugh retorted with "That $100 check is worth more than your honor, Mr. Judson." "Your feelings are not pleasant toward counsel?" asked Mr. Judson. "They are not." "You are strongly interested in this cause?" "I am strongly interested in the defense of honor." "You have detectives employed?" "I have had detectives employed to secure evidence and I have one now to watch witnesses." "What are these detectives employed for?" "Isn't there a suit for $150,000 against me?" "Did you not urge an investigation of Wickersham's land business?" "I requested Mr. Carson, as a land officer, to investigate this matter, because it was a matter in his jurisdiction." "Why did you wish this investigation?" "To see that a man occupying a position of trust and honor was punished as his crimes deserved." "Then you are guardian of public morals; are you?" "No, sir, only I wish to see criminals brought to justice, and in my capacity as a newspaper man I have worked to that end." "Did you not refer to the attorneys in this case as your attorneys when talking to Land Agent Carson?" "I did not refer to Carson my attorneys. I told him that Doolittle & Pritchard could give him all information. I went to the land office and took copies of the papers, and I then published what I had learned upon investigation." The cross-examination was then dropped.

THE MORALITY QUESTION. "Who are the people in Tacoma that do not like you?" asked the district attorney. "People who sympathise with Morgan." "Who is Morgan?" "Morgan is the keeper of a low dive in Tacoma." "Have you tried to bring Morgan to justice, or have you not?" "I have." "Your relations to defendant were not bad over the Chinese trial were they?" "No, sir. The evening before defendant went to Vancouver for trial in Chinese riots, he called on me for aid in raising the prosecution. It was my paper that commenced the Chinese agitation, and we were on that side." "When did you talk with Carson about the land matter?" "It was after the libel suit was commenced."

CERTAIN TESTIMONY. Mrs. McGuire, wife of the proprietor of the half-way house, was called by the defense and testified that Radebaugh was at the house in company with John Stone. By Mr. Ronald: "Have you ever been convicted of an infamous crime?" "I was convicted of selling liquor to an Indian." A certified record of the indictment and record of the conviction was placed in evidence.

J. K. CARSON, U.S. land agent, testified: Mr. Radebaugh came to me on September 18, 1887, and called my attention to the matter of the homestead filing of Miss Brantner and therein falsification thereof, and informed me that Mr. Wickersham had been connected with it. I had been in the woods and knew nothing of the case before that. He asked me to see the affidavit concerning the matter and it was in the hands of his attorneys—Doolittle & Pritchard. He did not say they were his attorneys in this case. I then expressed a doubt to Mr. Radebaugh about the propriety of going into the matter if he was on bad terms with Wickersham. He replied that he had no great interest in the matter, only that Wickersham had brought a libel suit against him for $150,000 damages and he wanted the matter investigated. I promised to look into the matter at the land office. Cross-examination: Mr. Radebaugh appeared to be pretty persistent, and said it was my duty to look into the matter. "Are you not laying the matter before the United States grand jury?" "I am not." "Is it not being investigated?" The question was ruled as inadmissible.

THE LAST WITNESS. J. B. Bingham testified: Mr. Radebaugh invited me to his house in June or July, 1887, and while there he asked me what I knew about Wickersham's land at Gig Harbor. He did not say to me in the month of September that he would fill the air with brimstone about Wickersham, but he did say so late in July or August; he did not say it was because Wickersham had taken the probate printing away from him. Here the prosecution and defense rested at 3:15 p. m.

THE CLOSING ARGUMENTS. At a quarter to 4 o'clock the public prosecutor commenced summing up the evidence. The evidence of the trial was carefully gone through and the wrongs suffered by Miss Brantner depicted in eloquent words in a speech of an hour and a quarter duration. At its conclusion Attorney Lewis commenced an impassioned plea for the defense. All his energy was thrown into the argument and each of the finer threads of the evidence, the inconsistencies and contradictions on the part of the prosecution were dealt with. At 6 o'clock his argument was interrupted by a recess. At 7:30 he resumed and it was 8:45 when he yielded the floor to his colleague, John T. Judson. Mr. Judson commenced the closing argument for the defense immediately upon the close of the argument of Mr. Lewis. He reviewed the evidence in a very careful manner presenting the strong points and ignoring the weak with consummate skill. He laid special stress upon the alleged Radebaugh conspiracy, or "the hidden hand instigating and directing every move." A short recess was allowed the jury, and Prosecuting Attorney Ronald concluded the case.