The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-09-29
n DISTRICT COURT.
Tobias Unlucky Resemblance
TO His Cousin.
DISCHARGED FROM CUSTODY


zr.. o. hzks2s corpus WAS issued upon the
srsrscat;or OF William l. TOBIAS. the al
lezed Pennsylvania forgsr. who was az
rested IN Coxlssz county By direction OF
Chief Mitchell about f~o weeks ago, ard
who has since been confined n the county
iail awaiting The pleasure Of Depnty sheriff
Root, who came oaf after hiIn- The april
Gallon Vas based upon the ground Of mis-
taken identity and Vas made returnabae ..
I ociock in the afternoon.
Immediately upon the coavening OF
court 10 the afternoon the hearing Was
taken UP. Joshua u Wrestling appeared
for the prosecution On behalf OF the Penn
syivaria authorities sn9 Ralph +. Es;eo
for the petitioner. The hearing brought
oft what, i. true. constitutes q remarka-
hle series of condolences. The man wanted
for the forgery Is named william i. Tobias,
while the prisoners name i William l..
Tobias The man wanted Is described IN
the letters and kilograms received from
Pennsylvania as being - years OF sge, )
feet inches IL height, with Light brown
hair. ao.id complexion and as speaking
English With marked Pennsylvania
Dutch accent. The prisoner answered
fairly well 10 this descrip tion: bat when
photograph OF the criminal was compared
with photograph OF the prisoner, il VAS
evident that the wrong mgn was in Gus
tody.
The prisoner testified tina. he had cousin
named lillian T. Tobias and that II was
this cousin that had committed the crime
To prove the fact that William T. ard
William l.. Tobias were different persons
he produced q registered letter receipt
showing that he William L. Tobias, had
sent registered package To William I.
Tobias through the mails from one town
in Pennsylvania some three years ago and
before the crime was committed. He 1.-THE
prisoner) had left Pennsylvania before the
commission OF tie forgeries; hat gone TO
Washington. whence he had come 10
Kansas. making his home Stella,
Cowlitz county, where number OF ress-
tiges reside.
Two cousins of the prisoner testified that
they knew both William l.. and William
T. Tobias: that it was William I. that
committed the forgery and that William
L. Tobias was the prisoner.
Mr.. Wrestling frankly stated TO the
court that although he had acted in The
matter in behalf OF the Pennsylvania au-
thorities he was not positive a. 10 the iden-
tity OF the prisoner and was unwilling TO
have him taken back unless it could be
shown that he was wanted. The deputy
sheriff did not know II the prisoner was the
right man or not, only being guided in his
judgment by the photograph OF the Grim
inai.
Judge Hanford said that the preponder-
ance of evidence was on the side of Tho
prisoner. so il would not be right TO hold
him any longer II gave great deal OF
weight TO the fact that the Pennsyl-
vania authorities were in doubt them
selves, and because they had failed TO
send an officer after the man who knew
enough about his identity to recognize him.
No one could say that the proceedings had
been ill-advised, as there was excellent
grounds for surprising the prisoner TO be
the right man before the remarkable coin
cidence of names and appearances were
brought to light. The writ was thereupon
confirmed and the prisoner discharged.
DISPUTE OVER HORSE TRADE.
The suit OF Andrew Andersen vs.. W. p.
Peters, was the only one on the calendar
that was ready for trial. 1t was over a
horse trade, and considerable time was
spent in hearing evidence concerning the
soundness OF one of the horses traded. A
motion To dismiss the case on non-suit
was then sustained
ADMITTED To PEACrICE.
Job +. Lyon was admitted TO practice
upon certificate from the supreme court
of New York and motion of Thomas Il.
Shepard.
HEARING Or MOTIONS.
The following matters were brought up
on motions, etc:
Hart 4 Co. ". American Building and
Loan Association Motion 10 set aside de-
fault, and yacate Judgment heretofore rend-
cred: overruIed.
Robert Knife vs.. Lucy NJ. Edwards De-
nurrcr 20 complaint oyerruled; defendant
allowed until October TO answer
George Piper VS., Seattle Electric Railway
and Power Company Motion of plaintiff
10 set aside order heretofore made, and to
yeinstate the cause; denied.
Mrs. r. j. Rea rs, Thomas Thomas and
J. NJ Blaiue-H. F. Phillips. receiver. di-
rccted 10 proceed with the sale OF property
AZ public auction.
SCIT soR pIyORCE.
Janey Murphy fled n suit against James
A Murphy, to whom she was married al
Denver. Colo, in March 1888. for decree
al divorce and the custody Of their ore
child. She alleges cruel and inhumsn
treatment and habisuai drunkenness as
grounds for the application
AwARnFSGs-fTScN = CLOCK wATf~u