The Seattle post-intelligencer. [volume], December 12, 1895, Page 5, Image 5

About The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914

Image provided by: Washington State Library; Olympia, WA

                
fists AS ARGUMENTS
raged Attorneys.
pSULTS EXCHANGED FIRST.
and W!n«took In Florro War
XMklac tfl " Co>nntjr J*" More «•-
<arr-r "Von-Malte*!.
wcr 4n, "biff. ban*," a wild rush by
..tan to stop the row. two an*ry men
>t each other In that tone c.f
"**y which Mr* "L*t me g»t »t him"
trt rtm' • » "t mstwry nf a most ex
's!*. ier* JW* t*»ok pUcein Judge Humes'
yesterday afternoon. The
W ere Assistant Prosecuting At
?*"! Wi!*Nr« and Attorney Melvln O.
wufifr-k w -*° disagreed about courtesy,
facts. Neither was injured suffl
* , , t0 ciauae him to be in bed today,
fVhs? mUr>'t have happened if T»eputy
HK*ory, Stenographer Piatt and
j>uninsr had not rushed Into the
tLeit U as hard to prognosticate as the
of the deliberations of a Jury,
trwibi- sros*» from the trial of Peter
charred with burglarizing
Z»* fTf"*'* house at Kent September IS.
•mms Hoban, a lad, was also arres'ed
MrPeaald. but he turned state's evi
lj| — an ,j was used by the prosecution
afternoon. When he was called
witness fctand, Jndre Humes in
- tf the eharsre had h<»en dismiased
*Z<r'tt him. Mr. tVilshire said It had not
St Tfcec the Judxe held that before he
■ai allowed to testify tne records ahould
oo* that re was dismissed Mr. Wil
afl»t**R mored th" dismissal of Hoban,
«ja procee i* 1 to testify that he and Mc-
Dess': wtnt fishtria. McDonald left htm
anr Kins'* house to get some apples, and
[ (S« w<>«e into King's house. Hoban's
a?fl« Sadie Hoban. had some of the
and she swore that McDonald gave
to her. Then Mr*. King was called,
jci sir Winstock aske 1 ilr. W!lsh!r» what
l» mser,4ed to prove by the witness.
Hr Wi'ihire remarked that Mr. Win
aould know when the witness t«sti
p.< Tliis nettled Mr. V.'instock. who In
to almlt ownership t»y the Kings,
t#il thus save time. Nothing serious hap
wr*4. and thp case went on. A man
nm*! H»«sry Hr>iwn, In whomc nossession
r,» '«>'•* *>' found, said that the defend
usj looked liK» the person who sold it to
Sua, but he did not care to Identify him
j«dvelr. The defense did not put In any
Htimor.y, but moved to dismiss on in
jaffi.ffvy of evidence, and Judge Humes
*wrrak'l The case then went to the Jury,
vtta retired. A moment later Judge
She m went to his chamber. There were
x sunber of people in tne court room
tgjjfiS for the verdict
Wastock called Wilshire's attention to a
laic h» bad. lc which there w.ia a decision
nanmr to the JmpossiblPy of convictlniC
i u; oa the unforroborated testimony of
«srer-aipUce. Mr. Wilshire said that the
kmisuwed Holan was not an accomplice.
"Weil, why d! 1 you Inform against him
lhw'" »id Winstock.
WU»3irt retortwl that that was his bus-
Imm tsd tltat he was attending to the
ftmruv.af attorney's part of the work.
X*. Winstock thought Mr. Wilsh'.re spoke
k» tetter tone, and said: "Well, you
a*sl treat me with politeness."
kttrdirig to those who heard what fo|-
Ws#4Wlishlre replle<l; "There are a lot
who are always finding fault
*>i srlSrislng the prosecuting attorney's
t 9m is 1 tnaking things disagreeable. I
mi you," 4nd he pointed his linger In
fkeak's face.
!ks Wuui>ck said, with considerable
•rath: «
**f jot say that I have done anything,
fB u« » liar "
Mr. Wiishlre's face became very red and
I# replied »n a voice that was heard all
•w the room:
"Tau art a ——
Quick u a flash Wlnstock's fist shot at
Wtbhlre'f face, and Wilshire shot back
ks flit it Wlnstock. It was a regular
itiitd-ur fl*iit, but by this time Deputy
fctrU! MrCory, Stenographer Pratt and
Attorney Denning were at the scene and
iriiged the angry men apart. Neither
Winttoek nor Mr. Wilshire showed marks
*' but some were of the opinion
!"»; Wlnstock landed on Wllshire's face,
**l others thought Wilshire parried and
|c*. in one on Winsiock.
J'len geen ahout the affair, both Mr.
*a»:ock sud Mr. Wilshire said that they
**# sorry the affair happened and hoped
*aa!d not be given to the public. Mr.
n'isMr* suld that he allowed no man to
»'*k to him as Mr. Wlnstock ha 1 done.
*'' l that Mr. Wlnstock had been dis our
«»•». Mr. W.nstock "s.tid Mr. Wilshire
ieen discourteous and called him s bad
ti.ua. Mr. Wlnsto k sai«l that after they
%«f» »?parsted Mr. Wilshire said In a
J" "-tier.tig manner that he would fix Mr.
wtestock
A'sxjt this time the Jury came In with
1 verdict cf guilty and Deputy Sheriff M>'-
itarted with McDonald to the Jail,
in the hall McDonald saw Hoban. the
I -"-* lad who state's evidence.
lightning, he sftot s shoulder
ytt-.-h tt the ! y's face that would have
* :keJ him sen«elcss h.ad It landed. But
«c« ury caught M. Donald by the nek an<|
_-*fS him about ten feet down the hall.
»adtd the afternoon s proceedings.
IMPROVING AUK couNTY JAIL
>»*>o t„ (,uanl A«alnat Out
of the Prisoners.
•Ie Kng county J t a is to h© put In a
aaltoo to withstand mob violence and
very difficult to effect an out
'i* by the prisoners, lieavy iron frama
ixsrs with one Ir.ch iron bars are to b®
yj >Jk l*e loatr corridor of the court
i{ ♦nn south end. so that the en-
J? M ,nHsn4 fio °r so-jth of the center of the
*.jj b»* turned Into one Jail. Thia
Wa *as eoi.jidtr.d ty tha county com
wslorers n.sny months ago, but :he doora
. r.ot s-r.ve ur.nl yesterday. Work w.is
tru i it Oiioc, and alll be completed
18 * fe* day*
T?>e aef.jsiiy of These doors has long
. for only an ordinary woo*l
- »epara>d t k # Jailer's office from
l, *' A n corridor that runs through the
"° f,r °t the ~,nirt house. One good
% rj ' 4V * *or.e down. Then the Jailer
tv>*« '* at the the mercy of tha
Another d inger recognized was
fisprji) d>""«r:ment and wotnen'a
_ » r.nten: » r« * |>trate! from tha main
1 v ,Vl ® l%orr sor previously
Kv- ry day It % •»« necessary to
fro m one department to
" • and the C„!i.' 4 s of esoa;>e by a
I'll! while heir* *aken aiToys the
- ha%- e , l action bv stiv des
crlm wal *ho pave the matter
*** w J* - JkWr * haJ l>ofn °P»
IJ, t, ' have tt>a'» hn «• ■ ipe,
' • e ;ut ;hvre * > been no cirv n
s s<rge number of pria
*ear • ;r. < t r e tanks for con«val*
v the entire pang can be
•- ' ? ear-dor, that Is proctectcd by
fit • '*r *' : the search goes on. Af'ei*
ts , % * '•« n Irspected, one by one
• ln '* Starched and then fe
t*, " 10 ceils. I: is calculated thai
<" .* :n -rrivvenjer.'? will mske !t poss!-
t»,' Jf " r v> men t withstand a large
ce would arrive from the
f»,. .*= v «- l ; i ' ikir* of the chang-a
• * ** de V iirer said last evening:
st. k, ' l * ! to ha\e the Jail '.n
% " t on. ith o-'v
««• , v or »- ; the Jailer's
tt'p- .7 *' " c rrt b'r where a mob could
: vV ' ..." * rv s '*ce h.»w easy It would be to
cr f*,.' '' "■* ' iV " Any night thre«
«. ,V. , n ". n ! ha\e g ->ne to the Jail.
ih*'. ' r sr.a 'akt-n o.it a pris
fc 4tr . ' " - i*c r. Ed tbose di»rs '<*
f»; . for those lnsi*le »o
, s : ' ' * all* ns the prtso
•. .»*« to . i tof the tank first.
RHLUMATISM.
ff*' : si
l t -e is C
V*' r l *s Chamberlain's Fa;n
: e quu It r«*!2rf it sfford* Is alone
■HO®, fc * r . y « t . : * !; " c "» t - A single bottle.
bas . ff.vfcd a |s.r:..a
!ii »s.v> rv
Gnfistwi It Lbi t» T«n...
JgSi "OHIO"
jfiffgilj Steel Ranges!
—PERFECT BAKERS
-7 f PO if*'« AT., RK rrwi «t tsi Rtii-oti A»
_ * v-v., T. *". DaVIDsO.V, Receiver
2T.ZV?* rooni * aa4 oui of the
Another chanr- fp t 0 be made Inside ths
;. J ' to visitors from pess
• IS things tn to the prisoner*. There is
©n« dark eel! J j»t as a person enters the
" r * fooni Tiis Is to ba covered with a
. J*™*®- the end of the cell there
Jlvt * door that extends from the tank
to tba wall of the room In which the Unit
*:*'**te«L If a person wants to talk with
a pr.*oij.-r he will nave to do so in rough
a wire screen. and the door prevents htm
iro?tj pass njf along the narrow corridor la
ot ° { h«»r eel's. *n»e Jailer of course
* u be espected to see that he does not
pa *» the front of the tank to the
o'her side of the room. A j*dd-»d '•ell for
lunatira win prohabljr he p<<t In, but the
details have not been decided u^n.
Ite-ll IMd Not »npp«rt H»*r.
Tphlgenia Bell, wife of William B. Bell,
sr. Insurance agent, has commenced pro
ceedings for a divorce and the custodv of
her child, lUvmond Mr. B*ll Is « man of
education, ai-le-bodied «nd capahb, at
least V.r*. Bell says so, of earning a good
living and providing abundantly for the
support of his family. As the story goes,
however, he has disregarded his duti-s for
about four years, although Mrs 8.-ll has
demeaned herself as a dutiful wife. Mr.
and Mrs. Bell wore married at Portland.
Or., June 13, lvc. and about four and a
half years ago their only cKIld, Raymond,
w,i* bora. By reason of the actions of Mr.
Be'!, his wife says, ahe has been compelled
*" support herself and the little one, and
frequently has devoted portions cf her
own sr-ant earnings to the support of her
husband. Mrs. Bell thinks that in addi
tion to the custody of #ier child and a di
vorce she ought to have li> a month ali
mony.
Cutting prices again at Cowley's Base
tnent Store, southsreat corner Second and
Columbia.
There Were No Accnnnts tn Settle.
W. J. Larkin, who has figured In tha
American Kschange hotel troubles for
several mr-nths past, was knocked out
:igain yesterday in Judge Langley's court.
I>ark.n sued J.»nn Langston for an ac
counting and dissolution of partnership,
and lI.OUO d.imngea for Injury to his busi
ness by breaking a contract. The files In
the county clerk's office showed that In a
previous action brought by
against a Jury had found that
T*angston was entitled to recover posses
sion of the American Kxchang* hotel, and
that Judge Osborn had practically dis
solved the partnership. In passing on the
case under consideration Judge
said tint he could not find any accounts
to settle and that the partnership had be«»n
dissolve*!. Therefore he iLamistsed the
complaint for want of equity.
Carey < an Get No Hamnfcos.
Judge Hanford a: a late hour yesterday
af ernoon granted a non-suit In the
suit of Georue Carey against Thomas R.
Brown *»id John H. Bryant as receiver*
for the Seattle, Shore & Eastern
road. The suit grew out of Injuries sus
tained by Carey, who was a driver for
Green * Erlich, while haulinsr a load of
coal taken from a car oa the sidetrack,
ONovember 24. 1554, at the foot of Wall
street. A train came along the main
track of the Seattle, Shore & East
ern. knocking team and driver off the
track snd severely Injuring Carey. Ho
asked for *5,250 damages.
Rams' Nervine, £0 cents. Is a guaranteed
cure for nervous people. Gem drtisr store,
613 Second street. Occidental block.
He Wa« N«»t an Einrltah scholar.
Maybee. who Is being sued by
I. P. Armstrong to recover $■ .000 damages
for tbe burning of a sawmill or to have
the mill turned over to hitn In good con
dition, filed his answer yesterday In the
superior court, Maybee says he did not
know of the proviso about the mill bein*
turned over In Rood condition and that be
was Imposed uj>on on account of his imper
fect knowledge of the English language.
\i.*v »>u!tH Filed
The following new suit* were filed In the
superior court yesterday:
J K Mose« vt. Browing ana
M *ltinjr Company -|1». services rendered.
Cunningham Hros.' Woolen tympany va.
T» nmis TlromUy—*- r £. goods furnished
A. McDonald vs. George A. bhep
ard—*2«\ professional services.
Iphlgenta Bell vs - William B. Bell—Dl
* niUnn Market vs. S. W. Clark —fH.
transcript <>f Judgment from Justice Cald-
W ptat«'""v** Jacob Job nson-Mnn'y und *r
falae pretenses. transcript from Justice
C AddUon" Smith vs. T.afayette Tladlev K
nl J1 s 5. promissory not<'; Judgment >4Ol,
Including Interest: signed.
A 3*-oent tooth brush for 10 cents at the
C.rm drug -tore. il» Second street. Occi
dental block.
i onrt and Countr Voles.
V" \v Craven was yesterday admitted
to practice In the United States court
r ,i.r. c p a /uiv aired 23. a native of Can
sda was admitted to cltisenshlp yesterday
br Judge T-engley.
Default was entered against
4 v Wales A F Co >k and Catherine
Cook in the case where Mary A. Briscoe is
rl *n' l » t he case of F. O Craves vs Michael
T»Mlllns et *1 J >dge Langley confirmed
the mI" of mortgaged property to t ie
: plaintiff for J923.
Tn the n«> of Or Cumralnn vs. the
p, "et Mill Company the plaintiff wss ye
terdav BTtint*d leave to file an amended
complaint within thirty days.
T .* * cm e n t for Jl.l~'' and an order to fore
.» ,« « mrtrtr were entered yesterday
bv Judge T.argley In favor of \\ illlara
Teaton against Angus It. Cameron
IT Wr'sht. e\ -utor of the w.Il
«f JarvTs c'alvrt. submitted h!s final JJ
; r'rt in v— « v n't.-roatr He
I il l out about J3."Wand reived « ....
i The order of default prev ausly entered
of the T-nlted States v*
ill ' mut t.- t>)',i<tlst wis vesterdav * t
n«s!d» on motion of the I'nited Siatfi at
torney . . .
C, V Far well, garnishee d.fcndantln
! «h.Vi« of * TlarkerftCo as J->hn Rob
: irf.m denies that he h id *nv pr T*rty or
I r ff»'ts"nf Robertson tn his possession when
tarnished.
1 t■ iilire (Anclev sign. 1 the yes
-1 r«hi"' satiafled the Btortmr* m
loivod «Vthe pyx Of W. M m ikeW vs
j \Y >*»*r* urd I* Tl K ' t\ at.; \
I toper cos's arair«t Blske.ey.
! ft-
I Compa'ny as aralnst James Sal
fril h .Vl Ne'.s M R.vk. we-. i< ~-ned
! grSWWSS National hank
i *''£t2EL n Oale an ' v■• t\'
for SydnevO %n a ltreym „. ( f
bo'h of n T- \x ,rkof F'i
! £™d, and Hilda Hans-n,
both of IVulsho.
f - #^herltvei and j M»^.^,'- <> u., -
of tha administratrix. Alica
»|!ll will t-e had.
T »,„ r -s»s of tha court
r ri.v Clerk Emerson, of Ba 'ar .
print tn electi.Mi * ere t.«s* i to
jis Balla_« 1 ». <*,. u»n«'»v. ss
F"—" V, to, k the al-
F.merson d 1 not apj *r ■
terratixe ha -upertor
rn irt vHt^rd f «
It c and Malting i . !fri
rlain>s that *he on^,,h alf in
{ for *«r\ U*es .n k 4 *V»- p t s
t.-rest In lot T. Mock '*• ' « a f*o
| Mrat com
'rSS?wlnh r*
a .. , ■«t Conroy A Kirk
I , jclr"?! rr m U *parTne%hip^i\j^»J
I funmngnam n Ihkc ( * {r^V u *
i c^^a
THE SEATTLE POST-LSTELUGEXCER THURSDAY. DECEMBER 12. 1595.
the place of manufacture without the «pe
<"**l *t»mp required. and also with having
In hta p:w«wsion March 4. iK<5. empty ctgsr
box-* on which he had fa. led :o destroy
the stamps. He gave bond and will plead
this morning at Id o'clock.
FRANKLIN VICTIMS FOUND.
Remains of four Men Burned In tbe
Fire on the Sixth Slope.
After having been buried tn Franklin
coal mine for more than tw» months and
& half, the remains of George W. Pmalley,
John Adams. Jamet Stafford and John H.
Olover have been found at the foot of the
aixth level. Nothing was left of the men
except bla-kened and burned bones, and
the rermlns were only identified by arti
cles on their person* at the time tbe mine
caught tire. With the remains of Smaller
w<r» picked up a watch and switch key,
and with those of Oknrer a key and rule.
According to Information received by
General Superintendent Bush yesterday,
the working party reached tie bjttom of
the el jpe Tuesday night. The first remalna
fo'ind were those of Stafford and Oliver,
ea« h of which were taken out in a small
ke,r.
Th«» at the mine on
October IT, and wis caused by August
Johnson, a miner, setting a n\kM lamp
near a pocket of gas. A slignt flame
sprang up, and Johnson. Instead of throw
ing a shovelful of earth over the blaze and
smothering It, ran for help. When he re
turned the tire had spread to the timber
ing, which burred so fiercely that It could
not be put out. All the workmen were
gotten out of the mine In safety, when
Smalley and his companions descended to
close a door. They were overcome, and
the mine was sealed to extinguish the t re.
la the task of reopening the mine, which
was begun some time ago. the workmen
have found many The timbers
having been burned away, cave-Ins w(>re
numerous, and thousands of tous of rock
hive been taken out.
Receiver C. J. Hmlfh ssys he expects to
be tak.ng coal out of the mine inside of a
month.
THEY AltE GAMBLING DEVICES.
Judge GIMfOW on Nickel lu lh«
slot Machines.
Nickel In the slot machines, small boys,
an unusually iarge "bunch" of legal talent
and stacks of authorlt.es were the order of
the day yesterday in Judge Glasgow'*
court. All this trouble came about on a
demurrer to the complaint, and almost the
entire clay waa consumed in arguing the
matter.
Trie attorneys for the defendants held
strongly that the statutes contain no pro
vision against nickel in the slot machines, in
which money is played for wares or mer
chandise. Section I*o of tho penal code
provides hat each and every person who
shall deal, play or carry on or open or
cause to be opened, or who shall conduct
either as owner, proprietor, employe,
whether for hire or not, any game of faro
monte, roulette, rouge-et-noir, lar.squeneite,
rondo, vin»rt-et-une, poker, draw poker, brag,
bluff, thaw, tan, or any banking or other
game, played with cards, dice or other de
vice, shall be guilty of a misdemeanor.
City Attorney De Bluler held that the
meaninj? of the words, "any other device"
included the nickel machines. Judge Glas
gow evidently thought the same, for he
overruled the demurrer and set all the
cases down for trial for next Wednesday.
OLEO CASE POSTPONED.
Henderson Wnnts More Witnesses and
( hange of Venue.
The case of the state vs. W. J. Hender
son. the "cow butter man." which was to
have been heard before Justice Mr El wain
yesterday, was postponed until next
Wednesday morning. In order to allow the
defendant an opportunity to secure wit
nesses. It is understood that Henderson's
attorney will move for a change of venue
to Justice Caldwell's court, his reason be
ing that Justice MeElwaln heard the other
case, and ft would not be fair for bis client
to be heard a second time by the same
court.
Henderson is the only dealer in the
state, according to the state dairy com
missioner and his deputy, that continues
to sell oleomargarine colored to resemble
butter. Deputy Prosecuting Attorney Mor
ris. who is handling the case for the state.
Is anxious that Henderson produce testi
mony In his behalf, and test the state law
on the matter thoroughly, as it Is of great
Importance to dairymen and produce deal
ers throughout the state.
A 35-cent bottle Bay Bum 15 cents at
Gem drt:g store, 513 Second street. Occi
dental block.
THE HORSE ON TOP.
seed Stable Man sustains Broken Leg -
Taken to the Hospital.
A quick turn, a horse floundering In the
street, and a nun with a broken leg is
the story of a rile taken by James Black
yesterday. Black Is an employe of the
feed stablest Fifth and University streets,
and durir* the day mounted an animal and
rle in the direction of Lake Union. At
the corner of E ghtb ar.d Howell streets
the accident occurred. Black filling be
r<*a!h the horse. The patrol w*gon was
called and the injured man taken to the
Seattle General hospital, where he was
waited on by Dr. F. H. Ooe.
B!a k lives at Fifth end Marlon street*,
and had Just recovered from a gunshot
wound In the leg broken yesterday,
Chsnir Chin* Fou. thea'er.
Monday, December Is. Reserved seats 50c.
To Whom It May Concern.
Notice is herthv *i\en that Mr. F. L
Stinaon has been dismissed from the em
ploy of the Manhattan Life Insurance
Company of New York. In conseqi* nee of
violation of contract, and no lonper has
any connection whatever with snid com
pany
Policy holders will please make payment*
exclusively to Mr. J. R. * Stlentxarger.
cashier, wno is placed In charge of the
company's offices In S* att'e until further
notice. ' S K MULFORD.
Marig r Nort'west Puiltc iv. ; trrmer.t
Ma*s 1 attan l-ife Insurance Company of
New York.
Oregonlsn Buildin*. Portland
Safe Deposit Binding, Seattle.
December t. ISSS.
Seattle Wash., u,
M-. S 11 M*iU"; 1. VaM*-r Northwest
Pacific De|«rment Man it ran Life In
surance Company—l»-ir Sir: 1 he
i ve that certain n.d re:* :i< the <■ reluct
of the business of the atrer \ for om
l*r.Y • l*r the contract he-etofo'-e .■*'.«?-
Ik? N»tween us constituted a v laU->n
thereof, and I am willlrsjr to so accept them
and to recognise ywr dl#m!s«al of me as
stent of sa 1 compsny a* Justifiable under
the terms of the contract.
F. L ST IN SON.
Rain* Hrlna tbe Hlver< t p.
The river* sre rising at list T* e
Sk/>«" was up eight feet on T; « lay rs... r
and the lo«s came down so Itreiv th»r t' e
Mabel wis unable to put into Stanwoo.}.
The StiUagaumlah rhit also rose consid
ers bty.
Ayef* lhl'«, belnc eem ros*d of the e«.
sertlal a Srtues of the best vegetal leap
lent*, without any of the woody or a>>.
rous material whatever, in the reason
why they are so much more eff->-tlve .">• i
valuable than any other cathartics, t- e
best family phytic.
« btna Exhibition and *•«)«*
Of decorated Chiea by the Seattle Ceran- «
Club, at Riaito fca.i. afternoon and ev« i
lag. December 12 end li. PubLc invited.'
Chaws F?vu Cerd ray's thea'er,
ii. JUeerved seats ate.
A HOPE FOR RUTTEN.
Sapreme Court Grants Him a
New Trial for Murder.
HOW HE RECEIVED THE NEWS.
The Blir, Mtnple Rancher From Klteap
County PUsmhl as a Bor at His
Good Fortune.
"Servius Rutten hss been erarte-1 a new
trial." This was the brief telegraphic an
nouncement "from Olymp:a received at the
Post-Intelligencer office yesterday aft-*r
n-on »t 4 ts o'clock, tellirur of the reopen
ing of the famous Kitsap county murder
case. A Post-InteHtg#ncer reporter has
tened to the county Jail «nd was takes In
by Jailer Burkman to where Rutten was
chatting with hia fellow-prisoners.
"Come her® a minute, Rutten," said
Burkmaw.
The great big. tall, simple-looking fel
low came to the bars and st>od in s.lence
«s If waiting for something to happen. The
other* p: soners pricked up the r ears an I
wa.'e l too. The dispatch was then read.
As the s.gnlf'cance of the words « xme to
Rutten a smJe stole over his features, lie
stood like a big. green s- v ool boy at h:s
first recitation, and never said a word un
til the reporter asked:
"Well, what do you think of that?"
"It's nice," he replied, still smiling. Then
In a semi-ccnfldentiil manner he asked
who his attorney was. On being told that
H. Fi. Shields representeti htm still, he
wanted to know if he would come and see
him. Tbe reporter told htm thet Mr.
Shields would probably come when he
learned cf the decision.
"How does the Post-Intelligencer learn
of these things so quick?" asked Rutten,
and then, as if a bright Idea had struck
him, he added, "do#>s the Post-Intelligen
cer have a telegraph to the Judge?"
When questioned about the new trial.
h« said: "I suppose the Judge will set th 4
time, won't he, and then I will be tried.
I think I ought to be acquitted. I guess
the people over in K sap county don't
think so bad of me as they did. 1 didn't
want to kill Fletcher and I think I will
get a fair trial ttiis time." Then he sud
denly added:
"What is your name? You are not
against me. are you?"
A j the reporter went out Ratten said
he would pass a happy nlgat.
The murder for which Rultfn was con
victed took place at Chico, September 3,
lte3. Rutten borrowed a rifle from Larsen
Bros, to kill a cougar and was passing
Capt. W. B. Seymour's houae when a lit
tle dog owned by W. S. Fletcher, mate of
the Chehalis. ran out and bit him. Rut ten
shot the dog. When Fletcher heard of It
he went after Rutten and from a bridge
above Rut ten's bouse called him out by
throwing a rock on the cabin.
"What in hell did you shoot my dog
for?" asktd Fletcher. KutUn baid he did
so because the dog bit him.
"You Dut h , that do* would not
bite you or anyone else." said Fletcher.
"Come up here and I will give you the
damnedest best licking you evt-r had."
Rutten refused, but according to the
story, told Fletcher if he wanted anything
of him, to com« down wh« ra he was. Fletch
er went down. J"hen there was a demand
for pay for the dog, and It was claimed
Rutten shot Fletcher down as he was go
ing away. Two bullets did the work. Rut
ten at the time of tiie affair said that he
fired one shot to scare Flotcher a:.d the
other in self-defense.
lie was tried and convicted in the first
decree, although his attorney, Mr. Shields,
tried to get a change of venue on the
ground of preJuJice. It has been said thas
It was the eloquence of John Fairfield
Dore, who conducted the prosecution, that
led ta a conviction. Sfuce then Mr. Dore
has said that Rutten should not have been
convicted. Rutten will be remembered es
pecially in King county as having escaped,
from the county Jail with Tom Bianck, and
who was afterward captured near
River Junction by Michael Kelley and
Dick Burkrnan, Bianck escaping into the
bushes. Since his imprisonment there has
been some doubt of Rutten's safiity.
Olympia, Dec. 11.—Special.—The supreme
court has ordered a new trial for Servlus
Rutten, convicted of murder la the first
degree in the euperior court of Kitsap
county. The first assignment of error in
this case by appellant was that he was en
titled to trial by a panel of Jurors draw n
by the county commissioners for KM. but
the supreme court has already decided ad
versely to the contention In the case of
the State vs. Krug. The second contention
was that the court err«d In overruling ap
pellant's challenge to Jurors Dennilton,
Green and Stark. In this case, says the
supreme court, three Jurors admitted that
they had opinions which existed at the
time of their examination, und that It
would take evidence to remove such opin
ions. and the final announcement by the
Jurors under leading questions by the
court and state's attorney which plainly
Indicated to the Jurors what answer was
expected of them, does not outweigh the
statement made of their own free will
that they had opinions regarding the guilt
of the accused which it would take evi
dence to remove, especially when ll was
answered by Juror Stark that he believed
there was something wrong and that he
could not go Into the Jury box and accord
the defendant the presumption that he
was Innocent until proven guilty. While
the statute gives to the court the right to
determine the question of the impartiality
of a Juror, yet. this being a constitutional
right, this court w-111 review the dis -rctlon
of the lower court in passing upon the
question, and from the examination cf the
Jurors, especially Stark, the supreme court
Is satisfied that the right of the defendant
to be tried by an impartial Jury was
evaded.
It further appears to the supreme court
th-tt the lower court erred In refusing to
p»-rmit defendant's counrel to ask Witness
Albert son the question: "Are you testify
ing by guess or testifying of w h'it y >u
knowT* as the showed that the
witness had a careless manner of testify
ing, frequently usine the words "I
Th« right to determine through cross-ex
amination the exa< t knowledge of witness
or the accuracy of Ids statements should
rot be denied him. The other
of '-rror sre not regarded a« meritorious.
Opinion by Judjre Dunbar, concurred 1n
htf Jti lee« Anders ard S -ott, Judire Gar
den concurring in the result. Judge Hoyt
dissents.
fVrj«mlc < lib Exhibition.
The Seattle Peram!-* Club, which is to
bold Its second annual exhibition trdav
end tomorrow at Rlalto ha'l, is an organi
ration of whleh many n city
well be proud. From a very small begin
ning- the club has grown In many ways
and m.irked advancement has been made
lr. its work, especial!'" durinp the present
y»«r The membership now numbers eijrh
te»n, and inelud-s many of the nrominent
ehina decorator* of th<* city. The exMbi
t'on is free to all and the art-loving public
is o rdlally Invited to attend. Among
t*«< a,, who will exhibit this year are Mrs.
I*. A. Wing. Mrs Cos-win S. S ; ank. Mrs.
E. W. Ruff. Mis* Claire (latch. Mrs. J W.
Pratt. Mrs O W. Bacon. Mrs. A J Tav
b»r. Mrs. F. 1,. Fehren. M's« Anna Beaeh,
Miss Ruth Cole. Mrs Rowel! M'ss MeClil-
V h. V «!> r.ar i r Mrs o c Pratt. Mist
Bessie Beach. Mrs Mark Bailey.
Unitv <"!«!> l)lH'ii«e« f onan J>oy 10.
The Polity Club last at the First
Unitarian church he«ai & gerie« of discus
« irj on molfn R. C. Callahan
pr»-'ded, and W'!l Carson opened the d*-
1-ae with a clev-r paper on Cor.an Doyle s
w rk*. In the dis •üß*ion that followed Jktr.
p e *i! severe!* criticised and the bal
a.-. « of opioion «eemed to be !hat h s nov
el* s. re r.*: fitted for the youne. »« they
anjrti no Instruction cj use in the iff
fairs of life.
\ onntr Thief *ent to Jail.
"Mort Murphy, who is considered one of
'he "siit kASt" and at the same time moat
daniit thieve* in Seattle, was sent to the
county Ja'.i yesterday for six months and
fined JU*»> for stealing an overcoat from
YJoelich's store, on the comer of Washlng
'■n sn i Si>uth P« > nd str«ets. last Favir
<i> eight, iiui-yuy, *xu> i* the son of «•
Chief of Police Murphy. <s a mere lal. He
is hat & short tins* out o? the reform
fchocl* wfctp# h* WAS **at br Ju
Hu»e» for grand larcer.*. For h.,< '.•».«t
crime Murphy ww cat jr>t by Drtfct<v«
J sic it V\ iil;ams a rxi C*l*ic*;r R-.*rbc >n
Washington street, *ll4 wh»n taken into
court yesteriay he p2-ader! gr:Qty J-;<lee
Glasgow, before rss*!ng sentence, lect
ured ifce young man smr«ly
Xot a K»—»rvation Indian.
Thomas Wren. of Kent, «•'!! have % hear
ing this rooming in Justice McElwain's
court for selling liquor to an Indian The
case will undoubted' y I* an ißtH>>«iir.s
one, as a new -juesrien •* Involved TVr»n
was arrested by United States oft* •;.•»:5.
but was discharged by th* Federal au
thorities because of want of Juris lie: ton,
the Indian not I'tinf on a reservation.
The prosecuting attorney then decided to
lake up the case, as the lnd:an to whom
the liquor was sold i#» a freeholder, an 1
therefore a state subject.
Asr*ln 1 jiyinsr nrlck on Front "•tT-.-^t.
Br: klaying b*-§*n again on Front street
Tuesday. the contractors. Snurr & WiS
tnot, having received another instalment
of bri k«. The paving was started on the
east side of the street at the Cherry street
intersection, and nearly haif of t* e block
has been covered. The contractors
expect to be able to continue the work
without interruption, and it should not Se
long until the east side of the street from
Jam«« to Madison is paved the entire
length.
heart* In the Unwnmivli.
steelheads. the winter salmon, ar» run
ning. Mr. Bud long took his gasoline
launch five roles up the Duwarn'sh
river on Tuesday n'srht. ami brought
back a ton of steelheads for Ainsworth «c
Dunn, which were purchased from the Du
wamish fishermen.
For
Lung
Troubles
"Seven years mv wife had
a severe luing trouble, « hicli j»hy
sicians calh*d consumption. Hie
cough was distressing and attend
ed with spitting ot biooil. As
doctors did not help her she tried
Cherry Pectoral
and was jmrprwd at the relief it
gave. One Ivottle of this me«h
rine cured her, and sh* hns not
the least doubt but Aver's Cherry
Pectoral saved her life." ix.
Monms, Memphis, Teuu.
Medal
and Diploma
At World's Fair.
It Is
Acknowledged
That We Carry the
BEST
lien's and
Boys Clothing
IN THE CITY.
WE WANT IT KNOWN THAT WE
SEI.L GOOD, HONEST MADE CLOTH
ING AT THE LOWEST POSSIBLE
PRICES, AND WE DON'T CHARGE
ANYTHING EXTRA TO MAKE EVERY
ONE OF OUR GARMENTS FIT YOU.
WE SEE THAT THE BUTTONS ARE
WELL SEWED. AND GOOD POCKETS
IN YOUR TROUSERS. IN FACT WE
TAKE GREAT PRIDE IN HAVING OUR
SUITS FIT I.IKE TAILOR-MADE. IF
YOU ARE DESIROUS TO HAVE GOOD
CLOTHING. TO FIT YOU, AT LOW FIG
URES, CALL ON VS. WE ARE THE
WRECKERS OF HIGH PRICES.
\ "
fcOLIMM k MMiai. fr»pv
No. SOS Fn:it Street, Coloifi Bbck.
WE ARE THE ONLY UP-TO-DATE
CLOTHING HOUSE IN THE CITY'.
WEAK MEN
CURED AS IF BY MAGIC.
Victims ot Last Maabood shonld *end at
oa e for a boo*
that explains how
[/>• fuil manly vi*or
i ~ ** « asS^J r » Qulci' y
\ \ , y and peru.« rieutiy
rad. >o
Jt ingfrozn
f / i k v » weakaess can af
' iK I? id t'> ignore t :.u
• r/7 timely advice.
A%]/. B-'lt tells bow
fuii «tr«a<!h. Ue
repiraent and trme are Imnarted to evsry
n of the U>i>'. -'■ fit with positive
proots (sealed) frne to any nian on application.
EHIE MEDICAL CO., BUFFALO.H.Y.
Pure Food: ££££*' Buckwheat.
WRIGHT'S MILLS, Berlin, Wis.
The Crowds Are Coming
To this store seeking and finding sensible and
suitable Christmas gifts at satisfactory prices.
Each day the number of buyers grows larger.
Do not delay—the holiday crush is fast ap
proaching.
m m
Gloves for Christmas.
t-dasp Cream Pique Glores. stitched
In bla- k. n ».
4-Pexrl-But'on Ola** Gloves In all
new shades, C yn.
4 n-nton ? »ie Tre?ou«se, black, tan,
Vtede, brown ar.4 #r»y, $5 ;*).
s-tnch Suede. extra Quality, all shaiea,
li st.
Trefousse, Castor and S-clasp Pique.
C
On# lot 5-h.*>k. extra quality, 50c.
Boys" and Youths' 1-ciasp Plqus
Glove, f1.25.
LaJies' AlI-SHk Mftteas, 75c.
CliildrMi's Silk M Umu, 5Ac.
Infan*-' Whit» Caibmer* Mittens. 150
pair; two for 25c.
Buys' Mitten*. ISc, »V, 2V.
Kayser's "Patent Finger Tlpged"
Cashmere Gloves. 2sc; sftc, 65c.
Full assortment of all shades and
widths oi Ribbon.
Holiday Goods.
Mirrors.
M ini ure Sets.
Clock?.
Bucklea.
Shirt Sets.
Watch Guards,
Trilby Lockeca.
Combs.
S le Comb*.
Future Frames,
Atomisers,
Collar an 1 Cult Boxe^
Comb and BrWsh Seta.
Shaving Mugs,
Hat Brnshes. •
SniohtnK Seta.
Music Bo'.l.
Irk Stands.
Baby Se*,
Baby Pins and Button*
Shoe Sets.
Candlesticks.
Hat Fins,
Jewel Boxes,
Vasttline Holders,
Shaving Pad.
Toilet Bottles,
Salt and Pepper Shakers.
Glove and Handkerchief Case*
Pin Trays,
Match Boxes.
Traveling Case*.
Cloth Bound Books 19c.
Essays of Ellia.
Essays of Bacon.
Plsrourses—Eplctetus.
Poems—Lowell.
Poems.—Lowell.
Sartor Besariua.—Carlyls.
Pream Life.—Marvel,
lithics of the Dust. Buskin.
THE MacDOUQALL & SOUTHWICK CO.,
7 i 7-J 9-21-23 Front St.
If You Are in a Quandary
Concerning Your—
Christmas Presents
Just Ceasidpr for a Moment Whit We Offer.
fFINE LEATHER GOODS-Beyond crltlcUm.
ELEGANT PE RFUMfiRY-Llked by young and oli.
CELLULOID OOODS—Acceptabla to aIL
ALUMINUM GOODS—New, desirable, attractive
TOILET ARTICLES— Every thing now and nica,
TRAVELING CASKS—AH price* and atylea.
WE WANT TO SHOW YOU WHAT WE HAVE, AND
BELIEVE WE CAN FLEASE YOU.
Stewart & Holmes Dm? Co.
i
m ■ 4 "JVT The very remarkable and certain
\V I I 11 t\ relief given woman by MUORE'S KB-
T T -l*-"- 4 -"- 4 - VKALEI) REMEDY has given it the
name of Woman's Friend. Y 13 It is uniformly success
ful in relieving the back p \ aches, headaches and
weakness which burden and shorten a woman'*
life, 'thousands of women testify for it. It will TT
gfive health and strength, and inaks life a Y.
pleasure. :: :: :: u '»'•
-—m—mr .dp— "i
Stewart & Holmes Drug Co.
' 1
THE SEATTLE TRANSFER CO.
Qfrrr, Corner •/ Third mnd Writer Street*.
Hack., Cab* attf Itaggag* Offlca, Telephone Main 41. 8* Cherry St.; IM|)U
ar.i Dray». Telephone Main ««. Wartl.ou as; Coal Telephone 41 ee Ml
erOBAOBI INISL'KANCE at the L.O WJBCrr RAUBS
I mil —p " *"~ ? IT
' 1
I WASHINGTON IRON WORKS CO.
"* ji.iiui.lol KOUNDRY, MACHINE
i| «oiiwiui»i ** isn BOII.EB SHOPS.
Hormm* io4 B. 3f».
9
| m « -«• mr\7 Bucf»i«or» to Lwy Jroi,
jVI* Ljhj Xx oc LUi ui (»■■»■>! k w S «»J wt*
Importer* tad Jobber# of 811.
CIGARS AND IOBACCO, SMOKERS' ARTICLES, ETC. [
w• -r -m —»-T- »~ v /-v m» f Ooor«, ttalldlnf P»p»r, <«!*»*. Mlrro
11 I \ 111 1 11/ W* Kte.. Palate, Olle, V»rnl«hee.
11 I \ I II 111' IS rp«li«» Ktfl. r. W. novo* * Cft'l
| | I / \ / " | Celebrated Mixed Paint*.
mh t r & ENGELBRECHT.
•40 Wf.it Bt., Cor. Marlon. Telephone ®Si 221.
• 1 ui coal Merchants' Delivery Co. I
• galea ecenta Diamond tea and Storage 5
• rtka US Ca.. Union * National lea Ce. X
-w-« ar a TT—spatially prepared fra;n the
FIRE CLAY
Wool Horeens.
We Have lust received a new stock of
Wool Moreens, in black. fsr lining.
BOOKS.
Chatterbox. 75c.
Kathrlna. 4.V.
Bitter-Sweet. Oc.
Ch :d*a ! ,'« of ChrSt. JWn.
Ch.lJ's Story of the B'Ne, S5«.
Throuuh the Looking Glass, 3sc,
Edit ha" a Burglar. So.
An Person's Fairy Tab-a, 19c.
Grimm's Fairy Tales, ijc.
All ihs kin is of bright book# meant
for thof# little people who admire pic
tures most at k, 15c, Or. 26e, 90c. 33c.
SS , » o, 4i--. I'V-. (.'o. 63c, Tic, SwC, 91 c, Si.
Linens for Christmas.
Hemstitched Sitln Pamask Lunch
Cloths. 45x43 and UxM. si all the
newest designs, 11.75, 12, >2.5*) and
St
Fringed and hemstitched Satin Pa
mask Tray Cloths, full range of sixes,
Z- . 55c, JTuC. 50c and 750 each.
Hematitched Satm Damask Bureau
S-arf*. all sues. 60c, *>e, |1.26 and
II 50 each.
Fringed Doylies, In round, oval and
square, full bleached, alt llnsn, 75a, 11.
|i 25. $1 W, JS. $2 :«fl and $3 per dosen.
Fine Damask Towels, fringed, all lin
en. 25c, 37V*c. 60c and 75c each.
Hemstitched Pamsak Tab!* Sots, 8-tft,
S-17. >l4. S-1S size a, 17, $lO. »lI.M and *l;>.
1 lozen Napkins to match each set.
Sat:ft Damask Pattern Table Cloths,
with (>onlers all round. In S*lo, 10-10, S-1B
and vl4. with 3-4 Napkins to matvth If
desired, at all prices, |3L.'3, 14.50, fi.Ji
and |C5® each.
Full Bleached Tabl«% Pamask. extra
fine, beautiful patterns, inches wiJb.
8V and $1 per yard.
Full Bleached TaWa Pamask. all
linen. «0 Inchea wide, 59«, 68c and 75a
Pama&k Napkins, full bleached. all
pure linen. and H stsev 750, sl, sl2s*
tl.'J) and 11.75 per doxen.
New Caps.
We have tuat received a new llna o#
Cl.'l.ireu's Sailer Caps, Boys* Golf Ca.ts
ai* 1 Men's Golf Caps. They ars 'As
very best goods to be had In th« .mar
ket, aliio the very lateat atylea. and
thty w uld make very appropriate
Xmas gifts.
Sailor Caps, In red, Wo. 11.28.
Sa lor Caps. In bhie, 7Rc, 11. $1.24, tl.lo.
Sailor Ca;>s, In blue and brown, $2.
Boys' Eton Caps, In pretty Scotch
mixtures. 75c, 11.
Boys* Golf Caps, sl.
Men's Golf Caps, II and £.2 L
.%