Territory of Washington
of Spokane} ss
In the District Court 4th Judicial District holding terms at County seat of Spokane County
Territory of Washington
vs. Plaintiff
Ray Raymond Defendant
Territory of Washington}
County of Spokane} ss
Thomas C. Griffitts, J. Kennedy
Stout, N.T. Caton, and Frederick Stanford
being each individually duly sworn
depose and swear as follows:
That they and each of them are of counsel a
attorney for defendant Ray Raymond in
this cause that said defendant cannot
safely proceed to trial therein at this time
of this court for the following reasons:
The indictment against her was returned
herein December 1, 1886, and the defendants
plea entered of not guilty on Dec. 1, 1886.
That immediately thereafter defendant
counsel made a motion for change of
venue herein and present the same to the
hearing at the earliest time the convenience
of the court and counsel for the Territory
permitted, and said motion was finally
determined and awarded Dec.
14, 1886, defendant by her counsel immediately
give in there this return for a continuance.
That the said motion for a change of venue was
made by defendant and her counsel in the utmost
good faith and they are greatly taken
by surprise both by the affidavit filed herein
by the territory and on the said motion and at
the [?] of the same and believing
their said motion were taken, they did not
know a motion for a continuance herein
would be necessary until the final determination
of said motion for a change of
venue. That until the finding and [?]
of the indictment hererin neither affiant nor
defendant knew with what crime defendant
would be accused nor what the issue herein
would be whether she would be accused
of any offense whatsoever or of an offense
insodoing the issue of malice in the killing
of Finch. That at time such indictment
was presented this term of this court had
duly been in sworn and counsel for defendant
had been constant in attendance.
Then now and ever since said indictment
was returned into the court and
defendant counsel herein have been
in about constant attendance
at this court and engaged either in
the trial of counsel therein or in watching
and waiting for the trial of pending causes
or preparing for the trial of cause still
pending in this court set for trial
and of pursing importance and still
to be tried herein that considerable time
since the finding of said indictment have
been occupied by defendants counsel in
the preparation for and hearing of said
motion for a change of venue and since
its determination in the preparation
of a showing for the continuance; that
in addition to their other habeas as afore
detailed counsel immediately set
about making such preparation
as they could under the circumstances
for the trial of the cause although well
aware they could not fully prepare
thereupon and in fact counsel believes
that the late date in the term when
this indictment was presented, the
bona fide efforts they had made and the
parts directed in the showing for
change of venue made by them and which is here
referred to as part of the view herein and the continuation
of that case at this cause term of court and the
return of the indictment herein and the great
expense and delay of procuring a jury
herein at this time, with the facts heretofore
States in this affidavit would appear to the
dissention of this court and prevent them
from being compelled to go to trial
at this time, that from to the finding
of the indictment herin defendant and
affiants had made inquiry concerning
one George Wycoff who affiants were
informed lived about 22 miles from
Spokane Falls and when affiant had
been informed was in defendants'
parlor on the night of the killing of
Finch, and had been reliably informed
that said Wycoff was temporarily absent
from his home and from Spokane
County and about Walla Walla county
somewhere but just where affiants
could not learn, that shortly after the
finding of the indictment – herein
affiants directed a subpoena to issue herein
for him,
that they were subsequently informed
he could not be found and they have only
learned within two days that he has
been found and is somewhere in Spokane
Falls as a witness for the prosecution
there – said Wycoff is wholly unknown
to affiant defendant and her counsel by sight even
and they are unable to say whether or
not he was for in defendant's parlor as
aforesaid at time of the killing is what he
can will swear to
on said trial, but affiants have heard that he claims
to have been an eye=witness to the shooting. That
since the finding of this indictment – affiants
have also learned that the prosecution have
still another witness by the name of Donalson
but whose given name is unknown to
affaints, and who was not a witness upon
the preliminary examination herein
for before the fgrand jury and whose
name is not in the indictment who also
claims and intends to swear that he was
present at the time
that night of the Killing of Finch
and was in defendant's parlor at the time
and that he was an eye=witness to the shooting.
That whether or not Mr[?] Donalson was
present in defendents parlor at the time of the shooting
of Finch affiants do not know of their own knowledge the have heard of that effect except from his statements, but affiants
allege that – they are informed
that if he was present in said
parlor he occupied a position therein
which rendered it impossible for him to
see the occurences leading to and act of
shooting of Finch, and that the same fact is
true of the said George Wycoff and that he
if present at all in defendant's parlor at time of said
killing also occupied a position where
he could not see any view the of fray
out of which the killing arose or the act
of killing. That neither affiants nor
the defendant knew until since the
finding of this indicment that the
prosecution had or claimed to have
such witness and affiants and claimed
that the prosecution had procured the
witness Wycoff within the last two
days. That neither affiants nor defendant
know fully what the prosecution intends
to prove by said witness in the trial
of this cause and they are not sufficiently
acquainted with said witnesses at this time
to be able fully to meet them and guard
agaisnt surprise on the trial of the
current this time affiants have refer
to the affidavit of defendant herein filed
in support hereof, affiants further allege
that they have used all possibile diligence
to prepare to meet such witnesses since
they became aware that the Territory
had procured there and would offer
their Testimony and have been unable
to do so,
Affiants further allege as another ground for this motion;
That one of the grounds of defense which they expect
to maintain on part of defendant in their cause
is that on the time of insanity at the time
of the killing, that defendant is and for many years
has been afflicted with a species of insanity and
mental disorder, which and that the same is
hereditary in her family, and that – at the time
of the killing, of said Finch defendant was
insane and in such mental condition as
to be incapable of committing the crime
with which she is charged in this indictment
That on the trial of this cause affiants expect
to prove by one W. J. Woods of Ogden in
The Territory of Utah, That – he has known
defendant for about 15 years; That – he was
married to defendant 14 years ago and
lived with her 5 or 6 years and by her
had two children; That – at the time she
was his wife and he living with her as such
she was afflicted with the disease of
Emotional and nervous hereditary insanity the same as that with which
she was afflicted at the time of the killing
alleged in the indictment – herein
but the details of what said witness
will [?] to bearing upon this issues
affiants cannot fully state, but affiants
expect to prove by him the facts above stated
and the fact that insanity is a hereditary Trait
in defendants family. That one letter received
by one of defendants counsels in the month of July, 1886
with the envelope in which the same was received
is presented herewith marked
A. B. and made part of this affidavit
That since the finding of this indictment
it has been impossible to procure the attendance
of said witness
words[?]
at this term of this court
is to procure a deposition from him even
if his deposition would be
proper and admissible but that from
information from and friendly disposition
of said witness towards defendant, and
from the fact that defendant has sufficient
money to pay the expense of said
witness from Ogden aforesaid to Spokane
Falls or the place of holding this court
and the expense of his attendance
herein, and that she will pay the
same to procure his attendance
all of which is have stated as facts, affiants
believe and have reasonable grounds
to believe, there they can procure the personal
attendance of said witness at the
next term of this court for the trial of this
cause –
Affiants further expect to prove and can
prove by said witness word that somewhere
in her sound mind and lucid
intervals defendants is a peaceable, kind=hearted
woman, exceedingly timid
and cowardly and afraid of assaults or
force of any kind and not in any manner
given to quarreling or the use of firearms,
This testimony is mentioned in view of the
fact that defendant is charged with
maliciously and purposely killing James
Finch and that is in a fact that said
Finch was at the time of the killing of
Finch with which she is charged a total stranger
to her.
That affiants expect to prove substantially that
same facts as above stating concerning defendants
insanity and peaceable disposition by the are
William Mc Dermott, who is now a
resident of Butte City, Montana, that
one of affiants has seen and talked with said
Mc Dermott within the last two months
and is informed by him that he will swear
That defendant is and for many years
has been insane and afflicted with such
mental disorder and that it is hereditery
in her family; that the said McDermontt
is a brother = in = law of defendant
and has known her long and intimately
and is intimately acquianted with
her family, that when not under the
influence of such disease defendant is
a woman of peaceable character and
kind disposition; that he will attend the
trial at this court at such time as the
same shall take place if he be notified
of the time and the place of the trial: That since
the finding of that indictment affiants
have been unable to communicate with
said Mc Dermott for the reason That
as they are informed and believe he is
traveling somewhere in the mining
regions of Idaho and only temporarily away
from home, That one of affiants N. T.
Caton, saw and conversed with said
McDermott near Murray I. T. about
six weeks ago affiants believe from
these facts that his attendance can be
procured at the next term of this
court to testify in the trial of this
court cause
That affiants epect to prove by both of said
above named witnesses that one of Deft
defendants
Aunt. was was afflicted with the same species
of insanity and became therefore
hopelessly insane and that other
members of her family have also been
afflicted with insanity.
Affiants expect to prove substantially the
same facts as above alleged by the
members of off defendants family. To-wit two
brothers and one sister, all of whom are
not non-residents of and now absent
from the Territory of Washington but
whose personal attendance within
court at the trial of this cause affiants
hope to obtain if given time to do so. That
it has been impossible since the finding of
this indictment for counsel to propose
for the trial of this issue on this term of this
court for the reasons stated herein.
and for the just reason that[?]
That none of defendants family reside in the Territory of Washington and affiants' know of no other witnesses by which They can prove the facts to which either the witness Woods or McDermott will Testify as above stated, except as to members of defendants family as above stated and affiants counsel state in detail what they can prove by such members of her family for the reason they have not sufficiently communicated with them of and concerning this issue, but if their case is continued until the next term of this court affiants allege it is their purpose to acertain to what such persons can testify and to know their testimony and they believe they since be able to do so.
And affiants say that this account[?] is not made for delay, but that justice may be done.
Thomas C. Griffiths
J Kennedy Stout
N. T. Caton
F Stanford
Subscribed and sworn to
before me this 15th day of
December, 1886
D A Clement
Clerk
