OCR Interpretation


The Colfax gazette. (Colfax, Wash.) 1893-1932, April 06, 1900, Image 3

Image and text provided by Washington State Library; Olympia, WA

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn88085460/1900-04-06/ed-1/seq-3/

What is OCR?


Thumbnail for 3

THE MSTT CASE 18 HP
Courl I sod His Russian Powers
fo Squelch.
Against Him Orders an Interesting
Docvmeal \Va« Placed
<)n Record.
The court is still doing business. On
the complaint sworn out by It. E. Mat
lock, who has been promised that he
would In- made sheriff in cat-.- of convic
tion, J. E Xessly wis brought to trial
i"v t*day on Judge McDonald'h charge of
rape by proxy. Court was convened at
the dark hour of H in the morning—
something unuaual and entirely unex
pected by the sensation loving public.
Nttwlj jh charged with a serious offense
against public montlH and common de
cency. Et. A. SiniH, former populist sher
iff, \.\n< tin 1 only witness in the house
when time wan called and he was put on
the stand. When he walked to the stand
X K. Hanna, attorney for Nessly, mildly
asked to tile a paper with the clerk.
"Sit dowi I' 1 Judge McDonald said.
Hanna insisted half a dosen times that
be should be heard.
The court ended it by thundering:
"Judge Hanna, sit down. If you per
sist in raising your voice or attempting
to file anything with the clerk of this
court, I will fine you for contempt and
disbar you."
But Clerk Renfrew received and filed
this interesting document, against the
orders of the court:
Hard Charges Filed.
State of Washington, county of Whit
man.— 88.
Ik-fore Hon. William McDonald, su
perior judge of Whitman county, state
of Washington, Hitting us magistrate in
examination of a person charged with
crime.
The state of Washington, plaintiff vs.
.1. 10. Nessly, defendant.
Now comes the above named defend
ant and objects to said William McDon
ald witting as a magistrate herein, und
as such magistrate, determining or i
ciding said examination, and protest;)
against said magistrate sitting at, or
hearing, or deciding this said examina
tion of defendant herein, for the reason
that said William McDonald is biased
and prejudiced against the defendant
herein, in the matter with which defend
ant is herein charged, and which is to be
herein examined, and is biased and prej
udiced against the defendant generally,
and that said William McDonald has,
prior to this charge having been laid
before him as such magistrate,prejudged
the defendant, as being guilty of the
crime herein charged against him, and
lias so stated his opinion in both private
and public utterances, and written state
ments.
That said William McDonald is now,
and has bren since January 1897, the
duly elected ami qualified superior judge
of Whitman county, state of Washing
ton, and that while holding m'u\ official
position, he has tv ;n for many months
last past attempting to coerce, induce
and persuade various persons to give
testimony against th<> defendant, to the
effect that he had done Home act or
acts, constituting a crime of sufficient
degree to be punishable by imprison
ment in tin- penitentiary, and has so
done after the persons whom he was bo
attempting to coerce, induce or persuade
to ho testify, had told him that they
could not truthfully testify to anythiug
against defendant, because they know 7
nothing against him.
That said William McDonald is ho
biased and prejudiced against defendant
herein, that defendant cannot have a
fair, impartial or just examination of
the matter with which he is herein
charged before him, the said William
McDonald.
Defendant bases thin objection and
protest upon his affidavit of facts hereto
attached and made a part oi this objec
tion and protest.
J. E. NEBSLEY, defendant.
E. k. Hanna, attorney for defendant.
State oi Washington, county of Whit
man.—SS.
1, .1. E. Nessly, being first duly sworn
say: I am the defendant in the aboveen
t'tled matter, and the person making
the foregoing objection and protest.
That the said William McDonald is
now, and during all the times in thin
affidavit mentioned, has been, the duly
fleeted, qualified and acting superior
judge of Whitman county, state of
Washington, and as buch, "the judge of
the superior court of the state 01 Wash
ington, in and for Whitman county."
That ever since about the first day of
December, 18'.»7, the said William Mc-
Donald has been personally engaged in
an effort to get different and numerous
persons to agree to testify, that they
knew of some criminal act or acts done
by affiant, that would constitute a crime
of sutlicient degree that the punishment
then for would be the imprisonment of
affiant in the penitentiary of the state
of Washington, and has so done with
the avowed purpose and intent, that he,
the said William McDonald, desired that
affiant be sent to the said penitentiary
t>.s a criminal, and that the said William
McDonald has used his official position
as judge as aforesaid and the power and
influence of t-aid position, in attempts to
coerce, induce and persuade a number of
different persons, who were at the time
of said attempt under arrest for alleg d
crimes and confined in the jail of said
Whitman county, state of Washington,
and who were to tie tried for crimes with
which they w>>re charged before him the
said William McDonald, as judge of the
court as aforesaid, to swear that they
bad knowledge of a criminal act or acts
done by affiant and constituting a de
gree of crime such that if affiant was
convicted thereof, he could be punished
by being committed tv the penitentiary
of the state of Washington, therefor,
and that in said attempts, he as judge
;;s aforesaid promised said various per
sons so situated, that if they would so
testify against affiant, that he would
have them turned loose, and would cause
them to (CO free from prosecution or pun
ishment for the alleged crimes for which
they were so under arrest and in custody
as aforesaid, and said attempts to in
duce them to so testify were so made,
and that in said attempts he, judge as
aforesaid, and under the circumstances
aforesaid, threatened said different and
several persons, that if they did not so
testify against attiaut, that he would
give them heavy terms in the peniten
tiary, and that he would send them to
the penitentiary for long terms of years;
and that said William McDonald so
made said attempts to coerce, induce or
persuade Haiti persona i>» ho testify
against afhant alter such several persons
: had told him Ui.it the; eoold not troth
; fully testify to any criminal act or act«
| done by ailiant.
That from on orabont December3oth
11897, np to Ma; 23d, 1898, one 11. P.
Harrington was confined in the count;
jail of Whitman county, state of Wash
| ington, under an information charging
him with the crime of bnrgfarj, and was
to confined in said jail from about May
23d, 1898, until November I4th, 1898*.
onder an information charging him v\ith
cattle stealing. That under said charges
he was continuously held in said jail for
the period of about nine months, and
that while he was ho under arrest upon
one or the other ol said informations,
I and confined in Raid i til thereunder as
aforesaid, the said William McDonald,
judge as aforesaid of the said court in
which said informations were Bled, did
at various time* have said If. I*. Har
rington brought to the private chambers
of him, the said judge, and he the said
judge at various times, went to said
Harrington, while he the said Harring
ton was confined in the said jail as afore
naid. and he, the said William McDon
ald on these occasions, both at the piiv
ate chamber* of the judge, and in the
jail of said county, repeatedly told said
Harrington that be, the said William
McDonald, wan anxious to down affiant;
and at various times offered to said
Harrington, to secure his release from
hiH confinement iv said jail provided he
would give testimony against said affiant
to convict affiant of some crime. That
said Harrington told said McDonald
that he could not truthfully do ho as he
knew nothing against affiant; and that
on one of Haid occasions when said
Harrington had ho stated to said Wil
liam McDonald that he knew nothing
against affiant, said William McDonald
said to said Harrington, "Young man,
you had better think up something; if
you don't 1 will send you to the peniten
tiary for twenty years"; Anil on another
occasion, and ufter the said Harrington
had told the said William McDonald
that he knew nothing against affiant,
that the said William McDonald told
the said Harrington, that if he would
give such testimony against affiant an
would cause him to be convicted of a
crime punishable by confinement in the
penitentiary, that he William McDonald
would Bee that said Harrington was not
convicted of the charge laid against him
in the said information, and upon which
he was then in custody and awaiting
trial, and if he was convicted he would
suspend sentence again -it him and re
lease him from custody.
That prior to January Ist, 1898, one
Win Keech had been convicted in the
superior court of the state of Washing
ton, in and for Spokane county, of the
crime of cattle stealing, and been sen
tenced upon said conviction to serve a
term of years in the penitentiary of the
state of Washington, and had after sen
tence and prior to commitment to Baid
penitentiary, fled into British Columbia,
ami that in April, and during the first
part of May, of the year 1898, said Win
Keech was so in British Columbia, of
which fact the said McDonald obtained
knowledge, and that the said William
McDonald, acting with other parties,
made certain representations to J. R.
Rogers, the then governor of the state
of Washington, upon which the said
governor was induced to grant and issue
a pardon to said Win Keech, pardoning
him from the effect of said conviction
and sentence aforesaid, and to transmit
the said pardon to said William McDon
ald as judge of the said superior court
of the state of Washington, in and for
Whitman county, to be by said judge
held until said Win Keech should come
to Colfax, Whitman county, state of
Washington and testify to some facts
concerning the acts of said H. P. Har
rington in relation to the information
against him for cattle stealing, for said
William McDonald. That said WHliam
McDonald avowed that his purpose in
obtaining this pardon and getting it
into his possession was so that he could
get said Win Keech to come to Colfax,
Whitman county, state of Washington,
and testify agaiust affiant, so that he,
William McDonald could send ailiant to
the penitentiary.
That said William McDonald had one
M. T. Kaufman to go as a detective to
British Columbia, and see said Win
Keech, prior to the time said pardon
obtained, to aseertaiu from said
Keech whether or not he would testify
agaiust affiant, and that after said Mc-
Donald received said pardon of said Win
Keech into his possession that said Win
Keech, came to Colfax,Whitman, county,
state of Washington, and that said
William McDonald then and there, in the
presence of said Kaufman and other
persons, asked the said Win Keech if he
could testify to any criminal act or acts
of ailiant, to which the said Win Keech
replied, that he could not truthfully do
so as he knew nothing against atiiant;
that then said William McDonald told
him iv effect, "You will have to testify
against Nessly (meaning affiant) or you
will never get this pardon (referring to
the pardon aforesaid, issued by the gov
ernor to said Win Keech,and then in the
custody of the said William McDonald
as judge as aforesaid)". That the eaid
Kaufman then and there said to said
William McDonald "Judge, don't try to
force the boy to testify to a lie"; where
upon said William McDonald asserted,
that said Win Keech would have to tes
tify to what he (McDonald) wanted or
else said pardon would be returned to
the governor of the state of Washing
ton, and said Krech sent to the peniten
tiary.
That on May 18tb, 1897, there was
Hied in the said superior court of the
state of Washington, in and for Whit
man county, an information charging
one William Brooks with the crime of
grand larceny, and that on said day be
fore the said William McDonald judge of
said court, the said William Brooks
plead guilty to the crime of grand lar
i-eiiv. and said juduje on said plea found
said William Brooke guilty, and ordered
"sentence suspended during good be
havior of the defendant Brooks, and
that defendant be allowed ro 150 hence":
That thereafter, to-wit: <>n January
S;h, 1900, the said William McDonald as
judge of Baid court, made an order in
the lust mentioned action, vacating the
said order saspending sentence against
the eaid William Brooks, as aforesaid,
and ordered a bench warrant issued in
said action, to apprehend the said Wil
liam Brooks, and to bring him before the
said court.
That thereafter, to-wit: On March 2d,
11)00, William Brooks, then being
in the state of Idaho, the eaid William
McDonald, for the purpose and with the
intent as affiant believes ani here al
leges, of getting the eaid William
Brooks in his power and to use him as a
COLFAX GAZKTTK. COLFAX, WASHINGTON, APRIL 6, 1900.
witness against affiant in the matter of
this charge now to be examined, wrote
to one G. (iiimrii. a brother-in-law ol
; said William Brooks, to Tekoa, Wash
; ington, a certain letter, ol which the fol
lowing in a Copy, tv wit: "Colhx,
Washington, March 2nd, L9oo.—Mr. 0.
Gamm, Tekoa, Wash. Dear Sir Wili
iam Brooks plead guilty to a charge (if
grand larceny and a judgment ol guilty
w;i* entered against him. With this
standing against him he can never vote
or exercise other octs or rights of a citi
een. I recently learned that J. W.
Matbews persaaded him to plead guilty
ami then asked me to euepend sentence
ho that Nessly could get Brooks away
and thus keep Brooks from swearing to
what he saw Nessly do while he was in
jail. You no doubt have hard that
Nessly while in the sheriff's office put an
insane woman in the cell with John
Leonard, which would wend Nessly to
the penitentiary and Matbews, who was
a bosom friend of Nessly's, wpoted
Brooks away so he would not swear
against Nesftly. I did not know that
Brooks naw Nessly do this till about two
months ago, and hearing that Brooks
wan near Tekoa 1 concluded that I
would order him brought before me, and
permit him to withdraw hi* plea ol
guilty and vacate the judgment against
him and set him free. Thin is the reason
I sent for Brooks. Nessly found this
out and went to Tekoa and told Brooks
I wanted to send him to the pen and
persuaded him to hide out. Now if you
will get Brooks and bring him to Col
fax, or have him come alone I will set
this judgment aside and set him free be
cause he was. indue d to plead guilty
through the fraud of Nessiy and
Mathews. All I want is to save him
from going through life with a judgment
against him procured by the fraud of a
scoundrel to protect him from exposure.
Tell Brooks to come to my home and I
will bring him to the court house and
do just what I have said 1 would. If he
comes at any time within the next HO
days it will be all right, but after about
that time it will be too late as the
statutes would then bar any further ac
tion. Let me hear from you coon. Yours
truly,
"William McDonald, Judge."
That on March 18th, 1900, the said
William McDonald wrote a letter to the
editor of the Spokesman-Review, in
which, after stating in effect that he had
ordered said William Prooks into court
in the said action, wherein he had b.c'n
adjudged guilty operand larceny, be in
said Utter proceeded to state the rea
sons and cause why he had ordered paid
William P.rooks to be brought into
court in said action, in the following
words: "Frankly then Brooke is wanted
at Colfax to testify an to what he saw
Ni'HHly do with the insane woman and
not to sentence him to prison." That
said William McDonald has through the
pros nnd privately for many months
last passed, asserted many times, that
affiant was guilty of the charge on which
this examination is to be held.
That affiant believes he cannot have a
fair and impartial hearing or examina
tion of the said charge, before said
William McDonald, sitting ns magis
trate in said matter; and that there are
now residing in the city of Colfax, two
duly elected.and qualified justices of the
peace, either of whom are qualified to
take jurisdiction of said matter as
magistrates, and both of whom are dis
interested persons in this matter, and
would give paid matter a fair and im
partial hearing and examination, free
from all bias and prejudice.
J. E. Nesbly.
Subscribed and sworn to before me
this 2nd day of April, 1900.
(Seal) K. M. Hanna,
Notary public, residing at Colfax,
Washington.
Further Accused.
(iarfield Enterprise: Last week 0. H.
Johnson received a bill for $140 from a
Chicago jewelry company. The order it
nas Btated on the bill was sent in by A.
C. Keiser, their traveling agent. Mr.
Jonnson had not given the order and of
course refused to honor the bill.
Deafness Cannot Be Cured
by local apnlioations, as they cannot reach
the diseased portion of the ear. There is
only one way to cure deafness, and that is by
constitutional remedies. Deafness is caused
by an iDflamed condition of the mucous lining
of the Eustachian Tube. When this tube
gets inflamed you have a rumbling sound or
imperfect hearing, and when it is entirely
closed deafness is the result, and unless the
inflammation can be taken out and this tube
restored to its normal condition, hearing will
be destroyed forever; nine cases out of ten
are caused by catarrh, which is nothing but an
inflamed condition of the mucous surfaces.
We will give one hundred dollars for any
case of deafness (caused by catarrh) that can
not be cured by Hall's Catarrh Cure. Send
for circulars, free.
P. J. Cheney & Co., Toledo, O.
Sold by druggists, 75c.
Hall's Family Pills are the best.
Experience is the best teacher, use
Acker's English Remedy in any case of
coughs, colds or croup. Should it fail
to give immediate relief money refunded.
25 cts and 50 cts. The Elk Drugstore.
To Cure a Cold in One I>ay.
Take Laxative Bbomo Quinine Tab
lets. All druggists refund the money if
it fails to cure. E. W. Grove's signa
ture is on each box. 25c #
Insure with H. W. Goff,
r Q i9oo
v. . /
< y The April sunshine,
April showers,
■" "And streams released from
winter's chain"
Briny ringing birds, sweet-scented
flowers.
And new crop Japan tea again.
"AtM.&Co.""
Japan Tea F^2*^
Choicest pickings from /-^ \i^y^\ \^"
Japan's best gardens.. / / IS5^J^:-y j\ /
TAKKN l\ AND SPENT
Fair Statement As to Where
Peoples" Money Is.
The Days of the Tax Dodders End
ed When the I'mtu list h K- e
tirert From I'ublic I^ife.
There \* one peculiarity about the
count,} treasurer's office,' where the
county's money is handled, which the
fosionistic Commoner has never taken
account <>f and which consequently its
readers are probably in ignorance of.
Its last monthly statement shows that
in February, 1898, the economical Ben
Manring, populist, carried live men on
duty. In February, 1900, Windus, re
publican, carried five men. The five
populists were under smaller wages be
cause the populist party made the pay
ment of small wages their battle cry.
1 hey even promised to cover back into
the county treasury 20 per cent of their
wages—one dollar out of tive. This
promise they violated. They never gave
back a cent. If they knew anything at
all when they said they would they knew
they could not and pay their grocery
bills. But they said they would—before
election.
The treasurer's office is a peculiar and
responsible position. Every dollar paid
must not only be receipted for, but it
must be credited on the books and seg
regated into the funds of the different
road and school districts and munici
palities. The man who follows the plow
eatn when sapper time comes and Bleeps
the sleep of the blessed. The man who
takes care of county money never sleeps
until his books balance, even if there is
but one cent of an error. Often he must
work until that cent is found and ac
counted for.
There is this difference between the
work of the five men in the treasurer's
office for March, 1900, and for March,
18U8: The republicans last month wrote
receipts and kept the books for $90,-
G74.92, with all its resultant correspond
ence. The five populists in the office in
March, 1898, wrote receipts and kept
the books for $17,951.62. The five re
publicans wrote more than five times
the receipts, made five times the figures,
handled five times the money that the
five populists did. And they never
made promises to give up one-fifth of
their salaries, either.
The difference between republicanism
and populism is the trifling sum of $72,-
G67.ri.'J. That is the real difference be
tween the parties in Whitman county.
To make a record the populists col
lected but little t.ix. They put it off for
othe* people to collect ami now want to
charge the republicans with extrava
gance.
Money for Taxes.
The total tax collections for March,
1900, in Whitman county were $90,
--674.92, divided as follows among the
years:
1899 J87.696 64
1898 1,683 M
18H7 810 44
1896 208 18
1895 1)5 82
1894 32 CO
1893 92 13
Prior to 1893 5". 77
Total §(J0,i',74 1)2
Added to this is $715.85 fees of offi
cers, and $119.60 miscellaneous receipts
—a total income for the county of $91,
--410..37 for the month of March; and for
the year, since January 1, of §173,
--185.GG.
The Money Spent.
The disbursements for March were
$2G,G06 GG, as follows:
School district fund $11,656.46
Special f-chool fund 7,208.00
Road district fund 1,793.80
Current exuense fund 5,712.57
Road and bridge fund 170..5:>
Indigent soldiers .... 05.00
Total ..126,606.66
This brings the total expenditures of
the county since January 1 to #48,
--892.78. The income, as shown, for the
same time, is $173,184.66.
Whitman county is in a fair way to
recover from the blasting effects of
Grover Cleveland's rule.
A Matter of Doctors.
Un dtr the populists the county com
missioners paid Dr. Ferguson, as county
physician, $16 a month.
The Commoner, like any other popu
list, haß tried to make political capital
out of the fact that when republicans
took control of the county government
they bounced the populist and paid Dr.
Stuht $30 a month.
The Gazette takes extreme and exqui
site pleasure in showing the gentlemen
how it is that a republican at $."50 a
month is cheaper than a populist at §10
a month.
In 181)7 the populist county physician
and his poor and incapable patients cost
the people of Whitman county $4911.40.
In 1898 the populist county physician
and his poor patients cost Whitman
county $3387.26.
McKinleyism and a republican county
physician at $30 a month reduced this
cost in 1899 to $1572 50.
It is safe to say that Chairman Hinch
liff would not now sanction such bills
for county doctors, county poor and
Cleveland rag-tags as he paid willingly
through 1897 and 1898,
Dr. Buck's Celery, Sarsaparilla and
Dandelion makes pure, rich, red blood,
clear complexion. Sold only at the Elk
Drug Store.
I
Exclusive Mens' and Boys' Clothiers and Furnishers.
We are Headquarters lor
GARDEN, GRASS AND FIELD
Poultry Supplies. Wholesale and Retail.
. i -r^ i Write for Prices.
Groceries aild Feed. Poultry and Produce Wanted.
C. H. MOORE,
Phone Main CM. Free Delivery. Colfax, Washington.
/^^*^l We arc Headquarters for
N^JiE/ VV cltCllCS
"^" lna^lH flI"l ylen, and our prices
sf ••nnnot be beaten anywhere.
/' Onrrtockol
i % \ Jewelry, Rinos, (locks, &c.
fe ik sl£ 5£ i^ Sk M k the largest in the Paloo» Coantiy
'J~.p~J-.~~~ r^~J,.r ~ r ~ r ~jr..^* and our priced are the lowest.
Ji Drop in and «cc.
'^^^^gff CITY JEWELRY STOKE
-««st3s^ ixi* M. A. ROSE, Manager.
C. I. CLAEK
Plumber
Leave orders at Barroll &
Muhney's Hardware Store.
O. SLATE & CO.
(Successors to Sid Lyle)
Carry a full line of
Cigars and Tobacco
Confectionery
and Fruits.
Temperance Drinks in Season
A HESORT FOR GENTLEMEN.
GIVE US A CALL.
T>Y VIRTUE OP (HOICK GOODS,
I -■-* low prices and fair dealing, we have
earned the title of
Purveyors to the
People of Coif ax,
which we wili hcid ird defend by the
' same prompt and intelligent attention
to the wants of our patrons.
Bennett & Tarbet,
Family Grocers.
ALLEN BROS.
Dealers in
General Merchandise
DUSTY, WASH.
Highest market price paid for country pro
' duce of all kinds.
Goinj> to Build?
If bo, you will Have money
by vintiog
(Mds Sawmill
before placing any orders
for building material.
Sash, Doors, Blinds,
Moulding, Window Glass,
and building material of all kindH kept
constantly on hand. Kiln Dried Lumber
a specialty. Estimates promptly fur
nished and money saved for you in
building operations.
WILLIAM CODD.
THE
Pioneer Drug Store,
W. J. HAMILTON, Propr.
Prescription Work a Specialty.
A complete stock of
Drugs, Medicines, Chemicals,
Soaps, Brushes, Perfumeries,
Puinte, Oils, (ilass,
Notions, Hooks, Stationery.
Telephone No. 37. Main Str-et. Col fax
bt V incent's Academy
WALLA WALLA, WASH.
A select Boarding School for young jrirl?.
Gives a thorough education in ;»ll Kngi-h
branches. Mu-ic, Fancy Work, Lan_uaem,
etc. No c>mpal«ioii with letranl to relict* ua
opinions. TERMS MODERATE.
Correspondence solicited.
Addna, SISTEB SUPERIOR
J.W. CAIRNS,
Express and Drayman
Will haul your freight or move yonr
sroods and chattels
PRO MFTLY—CAR E FULLY.
3

xml | txt