Case Summary

George Webster was charged with first degree murder in May, 1897 and was subsequently found guilty and sentenced with the death penalty. The petitioner and his attorneys filed a motion to quash on grounds the court had no jurisdiction, and probable cause was not established. When that was unsuccessful, the petitioner and his attorneys filed a Writ of Error Coram Nobis, alleging that one of the jurors, Isador Lipschuetz, was not a resident of Washington, and therefore ineligible to be a juror. The writ of error contained multiple affidavits from Idaho and Washington election officials establishing Lipshchuetz's voting records and an affidavit from another juror alleging that Lipshuetz was bitter and malicious towards the petitioner and had his mind made up before the trial. The Supreme Court of Washington affirmed the sentence and set the execution date. Subsequently, the petitioner and his attorneys filed a writ of habeas corpus alleging the petitioner was imprisoned without having first been indicted by a grand jury and was not accorded a speedy and impartial trial. The U.S. Circuit Court refused to grant said writ, and upon appeal to the Supreme Court, the judgment was affirmed. The petitioner was likely executed.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• First degree murder

Sites of significance

• Spokane County Jail (Cheney, Washington)

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 781

Source material(s)

Case File

Length of case file

Between 76 and 100 pages

Repository(s)

• National Archives and Records Administration, Seattle Branch, Washington (Seattle, WA) (Seattle, Washington)

State

• Washington

Tag(s)

• Death penalty

People

• Webster, George (petitioner)
• Webster, George (bound party)
• Smith , Del Cary (petitioner attorney)
• Fenton, James E. (petitioner attorney)
• Lewis, James Hamilton (petitioner attorney)
• Dore, John Francis (petitioner attorney)
• Dempsey, C.C. (respondent)
• Speck, Robert D. (respondent)
• Hanford, Cornelius Holgate (judge)

• Additional parties

  Pierce, John A. (Prosecuting Attorney)

  Aspland, Lise C. (Murder victim)

  Baldwin, Harris (Deputy Prosecuting Attorney)

  White, E.T. (Notary Public)

  Pomeroy, Francis A. (Witness)

  Aspland, Andrew (Witness)

  Aspland, Ella May (Witness)

  Brown, Abel (Witness)

  Wilkinson, M.A. (Witness)

  Aspland, John H. (Witness)

  Aspland, Jennie (Witness)

  Switzer, W.D. (Witness)

  Magnus, Franz (Witness)

  Semple, John M. (Witness)

  Sawyer, Mary (Witness)

  Spence Wm.C. (Witness)

  Corbett, J.E. (Witness)

  Eldridge, John (Witness)

  Hair, N.C. (Juror)

  Valentine, John E. (Juror)

  Backus, C.F. (Justice of the Peace)

  Low, J.R. (Clerk)

  Donovan, G.J. (Deputy Clerk)

  Monroe, W.A. (Clerk)

  Thomas, C. (Foreman of Jury)

  Prather, Leander H. (Superior Court Judge)

  Willia (Juror)

  Gould, P. (Juror)

  James, Thomas (Juror)

  Doane, H.W. (Juror)

  Roadnight, J.F. (Juror)

  Lipschuetz, I. (Juror)

  Valentine, J.E. (Juror)

  Morgan, U.H. (Juror)

  Hair, N.C. (Juror)

  Van Ness, John Q. (Juror)

  Gill, William (Juror)

  Frazier, J.R. (Juror)

  Hillard, Barry N. (CLerk of the District Court, Shoshane County, Idaho)

  Ervin, Winfield (Notary Public, Idaho)

  McNulty, Philip (Election Judge, Spokane)

  Boyd, L.F. (Clerk of Spokane, Washington)

  Bishop, J.H. (Election Judge, Spokane)

  Cannon, H.L. (Election Clerk)

  Crowley, J.A. (Election Clerk)

  LaValley, William J. (Affiant)

  Flynn, James (Affiant)

  Swift, Harry (Affiant)

  Rogers, John R. (Governor of Washington)

  Ide, Clarence W. (US Marshal for the District of Washington)

  Winston, Patrick H. (Attorney General, Washington)

  Fuller, Melville W. (Chief Justice of the United States Supreme Court)

  McKenney, James H. (Clerk of the Supreme Court of the United States)