In the District Court of Washington Territory and for the Fourth Judicial District thereof holding terms at Spokane Falls
The Territory of Washington
vs.
Ray Raymond}
Affidavit
Territory of Washington
County of Spokane} ss
Ray Raymond being first
duly sworn depose and says that she is the
defendant above named; that she desires
a continuance of her said cause until
the next term of this court and forgrounds,
shows the following state of facts: that on
the 1st day of December 1886 the indictment
herein was presented to the court by the
grand jury and filed therein on that day
that defendant by her counsel promptly
filed a motion for a change of the
place of trial and supported the same
by numerous affidavits: that affiant was
induced to and did make said application
in good faith: that persons with whom
she was acquainted and in whom she had
confidence and whose credibility she
could not question had repeatedly told
her of many strong expressions of hostility
toward her and of great prejudice against
her existing at the time of the homicide
and of the continuance of such attendance
from that time down to the date of her
filing her said application for change of
venue: that those expressions were such
"she is a bad woman" "She killed others"
"she ought to be hung" and many other
like expressions with profane and
obscene adjectives: that as corrobative
of the truthulness of the statement that
such expressions and utterances were
made affiant states that immediately
upon the admission of affiant to bail by
order of the court she was urged to
absent herself for a while from Spokane
Falls for fear of violence from a mob:
that affiant upon inquiry found the
statement to be true and did so accordingly
so absent herself: that from what
she heard and from the public prints
she believed and still believes that strong
prejudice and great excitement prevailed
and now prevails throughout the community
against her: and that from the facts above
stated and those fully set forth in the
affidavits heretofore filed in court and
used in the hearing for a change of venue
which said affidavits are here now
referred to and made a part here of
she verily believes that she cannot at
this time have a fair and impartial
trial herein at said Spokane Falls: that
if a continuance can be had until the
next term of this court the prejudice
above mentioned will cease and all
excitement be allayed and that then
and then only can affiant hope for
such fair and impartial trial of her
said cause as she is lead to believe
is guaranteed to her by the laws of the
land: that the hearing on the motion
of affiant for a change of venue was
not heard by the court until the 18th
day of December 1886 and a decision
thereon rendered on the day following:
that to a large extent affiant and her
attorneys relied upon said motion
and did not make such preparations
for the trial of her said cause as
otherwise might and should have
been made for a proper and necessary
defense therein: and that while such
reliance is not stated as a ground
for continuance it is stated as a
reason for a failure on the part of her
attorney for not making the
necessary preparation for such
and without which this affiant ought
not to have the same forced upon
her at this term of the court: that
she only desires a fair and an
impartial trial and this only can
she expect after a proper time
is allowed in which the excitement
now pending prevailing in the
community may subside and
affiant to make due until
necessary preparation for her
defense against the change
in the indictment heretofore
found by the grand jury and
returned into court.
And affiant further states that she cannot safely proceed to the trial of her said cause in consequence of the absence or am important and material witness to wit onee Charles Wilson
that at the time of the homicide mentioned in
the indictment affiant was not aware that
said witness was at the house of affiant or
even near that there: that she was
informed subsequently to the hearing of
the motion for change of venue herein
that said witness was there and
in a position to and did see and hear
all that occurred at the time deceased
was shot. That affiant expects to prove by
said witness: that said deceased came
into the said house of affiant without giving
any alarm whatever, but finding a door
thereof unlocked without notice entered as
aforesaid: that affiant on discovering an
intruder in her building at once requested he
in a gentle manner to retire: this he refused
and rudely attempted to pass affiant
whereupon as affiant urged him to go away
said deceased struck this affiant a furious
blow: that thereupon affiant became greatly
excited and alarmed: that at that time
the pistol was pointed at deceased
and he again requested to retire which
he stoutly and stubbornly refused and
struck at affiant when the pistol
was discharged: and affiant says that
she expects to prove by said witness
and by what she is informed she believes
she can prove by him, the conduct and
acts of this affiant: that instantly upon
the discharge of said pistol she in great
excitement and surprise accosted the
deceased with the inquiry as to whether
or no he was hurt, doing what she
could to relieve him and then when
the result seems to penetrate the
mind of affiant her fainting at his
feet: and affiant says she expects
to further prove by said witness the
condition of affiant immediately proceeding
the discharge of said pistol was that of
great nervous excitement and fear
and that if the said pistol was
discharged by any act of affiant
was evidently so in the absence of
intention: and affiant says that
said witness Charles Wilson is the only
other eye witness to the whole of said
transaction
known to affiant
except Ruby Stanley that
said Ruby was an inmate of the house
at the time of the shooting of Finch and
is one of the witnesses for the defense
that all others concerning to have any
information concerning the same transaction
one subpoened and called on behalf of
the prosecution: that affiant has no other
witness on her behalf except the said
Ruby: that said Charles Wilson affiant
states would be wholly disinterested
and especially competent and material
on that account to a proper and
just determination of the cause
affiant states that said witness
Charles Wilson is a resident of
Spokane Falls and has resided
therein for a long time: that he
has gone to the mining region of
Couer D'Alene as she is informed, and
that his absence is only temporary
and that he so started for same mining
region within the past few days
and before this affiant was informed
of the knowledge and information
which he possessed in relation
to this case: that she is confident
that if a continuance can be had
until the next term of this court she can
have said witness present and testify
therein: that this appreciation is not
made for delay but that Justice may be done
Ray Raymond
Subscribed & sworn
to before me this
Dec. 18, 1886
D.A. Clement, Clerk
Filed Dec. 15, 1886
D.A. Clement
Clerk
