Same Streets
← All stories

The $5,000 Price of Freedom: Tacoma's Wilcox Trial and the Taxpayers' Burden

A detailed accounting of the Wilcox murder trial reveals the staggering cost of criminal prosecutions in 1899, from $137 for a witness from Los Angeles to the fees for 76 witnesses and a jury.

AN EXPENSIVE TRIAL. Wilcox Imposed a Heavy Load on Taxpayers. THE PRICE OF FREEDOM $5,000. Burglar Williams Will Not Escape—A Homesteader Demands Possession of His Claim.

The great cost necessarily imposed upon taxpayers by a criminal prosecution is well illustrated by the Wilcox case. The number of witnesses was unusually large, even for a murder trial, and the fact that most of them lived out of the city materially increased the expense. One of the state's best witnesses was brought from Los Angeles, another from Spokane and a third from Olympia. A drug clerk, who is now in Portland, could not be secured by the state, or his bill would have been added. All of the other witnesses reside in Tacoma, except one from Snohomish in behalf of the defense and those in this city.

Milton Massena, the Los Angeles witness, according to the record in the clerk's office, was allowed $137, his certificate being no greater because Prosecuting Attorney Hastie and Deputy Wilshire refused to grant him fees for the jail he had to travel in coming and returning. Massena's bill substantially covered his attendance, mileage from the Columbia river and reasonable expenses outside the state. The next largest bill was that of J. H. Johnson, of Spokane county, who was given 73½ miles and two days' attendance. Most of the Tacoma witnesses were each in attendance three days, and their average bill was $11.80, that is, $6 attendance and $5.80 for the round trip of fifty-six miles. Thirty-five witnesses were subpoenaed for the state and forty-one for the defense, a total of seventy-six.

Little difficulty was met with in securing the jury. Seven of the regular panel were retained and out of the nineteen men brought in on open venires the remaining five were chosen. The expense in this respect was not so great as at the former trial, when it was most difficult to obtain jurymen.

Tabulated, the expense is as follows: Witnesses for state $748.50 Witnesses for defense $76.40 Total for witnesses $824.90 Jurors $120.80 Total $945.70

The above statement includes merely the cost of the proceedings in court, the sheriff's fees and the expenses of the preliminary hearing and previous trial not being counted in. Adding the sheriff's fees and the expense of the hearing preliminary to the first trial, $687.70, the total is $1,633.40. If to that is added the cost of the previous trial and the numberless other items, the grand total of expense to the state and county in setting at liberty William A. Wilcox has been more than $5,000.

In the trial just closed the expense has been kept down to the lowest figure, the court and counsel for state and the accused having co-operated to that end. Each witness was excused, if possible, at the instant his testimony was completed.

The Wilcox trial has also shown the high value at which county warrants are held as an investment. All certificates during the week were eagerly bought up. Heretofore the figure has been much lower.

The missing witness, ex-Sheriff James P. Woolery, was brought before the bar of the court yesterday on the bench warrant issued May 22. He was released on a personal recognizance of $50 and the cause was continued for further investigation.

“The grand total of expense to the state and county in setting at liberty William A. Wilcox has been more than $5,000.”

— Printed in The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895
Then · 1895131 years apartNow · 2026

In 1899, a single murder trial could cost a county more than $5,000—a fortune at the time. Today, criminal justice budgets run into the millions, but the debate over who pays for prosecution and whether the expense is justified remains as relevant as ever. The Wilcox case also highlights the logistical challenges of securing witnesses before modern transportation and communication.

The original page

The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-05-26. Library of Congress, Chronicling America.

From readers

No comments yet. If you know something about this story — a correction, a family memory, a source — it belongs here.

About this story

From
The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, MAY 26, 1895, Page 5
Text
Cleaned up from the page — spelling and layout repaired — not a word-for-word transcription. The page itself is above, for exact wording.
Rights
Public domain
Place
47.24550, -122.43833 · placed automatically
The paper in the Library of Congress catalog ↗