Freed on a Technicality After a Year in the Penitentiary
A Whatcom forger walks out of the Walla Walla prison because the judge who corrected his sentence did so without him in the room.
WALLA WALLA, June 27. — Ed C. Grassett, a convict, gained his liberty from the penitentiary today by a writ of habeas corpus. Grassett was sent to the penitentiary on the charge of forging city warrants while he was city clerk of New Whatcom. The commitment was for one year in each of two cases, and later Judge Winn, of the superior court of Whatcom county, noticed an error had been made in the sentence, as the records showed the sentence to be concurrent. Grassett brought the matter before Judge Upton today and claimed the order of the court changing the records was made. Many authorities were quoted, but Judge Upton held that the correction of the error of the Whatcom court was void, owing to the fact that the defendant was not present when the order was made. Grassett was set free after having served one year, and left for his home tonight.
“Grassett was set free after having served one year, and left for his home tonight.”
A city clerk convicted of forging municipal warrants goes free not because he was innocent but because the paperwork correcting his sentence was done without him in the room. The episode is a small window on how technical procedure — then as now — can undo the substance of a criminal judgment.
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