The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-02-07
THE LONE HIGHNirMlN.
Pretext Of Insanity Did Not De-
eeiye the Trial Jury.
He IL censsetesi Of ass.ars VIVA In.
tent - Nardsr-osEer oa~n.s-
err Feand Gailsy.

SesEis Aesch missed his voez-fan uhen
ne TUNED Asgss wayrazn ana tsrroysze.f tke
nsss1rigfst pedestrian along g.ekssn sfrees
Cattle a1nF a= Shouts hare been az ac4pr
AMI In NEnknown.' be would have r5vzs
- she famous gehH A. stevens ia stas title
roie. His stimulation Of Ens4nssy In she
district esgnrr yessersey efs@-nooa. When
hs a1s hrungsat IN for trial on the charge
Of assauif with intent 10 murder csscer
Nick Hanas. would hare been most con
siznzEzate, had Il not heen little over
drawn: bur ovsr-zctiaz is fxIlure OF sIl
hissFisnir nosices- be sat quietly in ITS
casir. gszing straight ahead with sn air OF
aonehslanca and abstraction a. IL he wese
unconscious OF, and entirely In
dlfferert 10. the pr0cseslnws I'm which ne
wss abe ncss deeply concerned of any enc
present. Only whea District Attorney
Ronald, with seathiEg sarcasm. alluded 70
his feigneI insanity. did he show ary xixnx
Of emotion or interest IN what was going
on. Then the lines OF his moafh were
more tensely drawn. the muscles Of his
neck tssitched aud quiversd. his handS
elenchesr and the eyes. from which the
light q reason was supposed 70 have for
Ing that be fully Understood the import ii
every word spoken lie exhibited won
deFfnl f=gntrol and self possession, however.
and aside from these involuntary workings,
played bis part we'll The ease OF the
prosecution consisted Gully of the fexrs-
maIy 81 Officer MIX Hanna. who arrested
the highway man J. L. Hezsher5y. the
last man stood up" before Nick Hanax
appeansd On the scene aud few others
who had seen the prisoner shortly after
his arrest TIE revolvers- cartridges,
mask. tanGbag and other articles belong
iEg 70 the highwayman's armament were
Introduced IN evidence
The attorney fnr the defendant admitted
ali the material facts 30 far as the assault
was concerned. aud set up the plea OF in
sanity as defense Dr. Noble was called,
a. sn expert. to testify a. 70 WEIGHS mem
IA condition. He had visited WEIGH in
jail yesterday morning and found him l n
state OF undue excitement. his head ard
body fssyerIsh and his pulse up to 10.
From that he gave IL as hls opinion tina.
weleh was tnsAne. On cross examination
ne ne s admitted that hat, other paysii-
symptoms. Several other witnesses
were called 10 prove that Welch
had acted Ia an Insane manner while con-
fined Ia the county jail During ali this
time WEIGH had set erect and motioaiess.
wiz his hands crossed In bis lap, but now
as tAt1 81 a&V -4&&tG 2ssetktS tQt t&kE
benefit OF the jury.
s-Mr. weleh. win yon take the stand,
Please sald Attorney Costello, turning 20
his client aud giving him gentle re-
nsncer that he WAS the person addressed
BY punching him in the ribs.
WEIGH sat perfectly still and failed TO
comprehend the question until one OF the
ksdGs lad lifted him 10 his feet. when be
fostered towards the stand, dragging his
chair with him.
.'Hold up your hand and be swora,s
said Clerk Ledgsrw0od.
go ahead: don't care was the only
reply vouchsafe3 by the prisoner
Iaen the CLERK wers through q paufo-
mime 20 show the prisoner that he was ex-
peeted 10 hold up his right hand: but the
effort wss lost, for the prisoner only stared
at him yaeeatIy for moment aud then
turned around, dragged his chair 70 It's for.
Sner position and. slsmming il DOWN on
the hour. sat In tx heavily, and then re-
turned TO his former state Of indifference.
In this scene The tragedy was turned into
comedy By the actor oveFacting- The dis
tricf attorney before closing the
case for the prosecution. made statement
thai Sheriff cochrane bad placed messeti
ger hoy, working for the American District
Telegraph Company. In the tail several
days ago, 70 act as 3 spy on certain prison
ers that were suspected OF having saws
aud other tools for making their escape.
and that WEIGH .iad told this boy he In
tended 80 play Iuuey'' before the jury.
An oslictr was seat to bring tAis bog into
eoarf. hs1t returned without him, as he
mad gone 10 Tacoma.
The sass was given TO the Jury after
short Arguments by counsel, and an ex-
hausstye charge by the judge at half pest
four o clock, AID the jury returned yer
diet OF guilty as charged in the indict-
nent," hall An hour later.
The jury does not think Melcb as great
r. 49,. -
ZOO a. villain. The = are several other IN
dsetmenfs against him for highway rob.
berry, ami ne stands a good chance Oh serv-
ing the rest OF his natural life behind the
bars az Naiia waiia.
rExED QugsTios OF LAw.
Aa interesting Iiabess corpus case that
win settle vexed pcsst Of law Is now
under consideration before Judge Burke.
Several days ago mau named Qninn was
brought before Justice soderberg for
threatening 20 do injury t. the person and
property OF one James Braid. Judge sosler.
berg found Quinn guilty aud ordered him
10 gre bond ia The SUN of sleo TO keep
the peace for three months aud 90 pay 81
costs. III default OF bond and costs he was
committed 10 Jail Tor three months and
four days Before the defendant had en-
teresfhis plea. bis counsel, aT. T. j. Humes,
moved for change OF venue 10 the nearest
have a fair and impartial trial before
Justice SsS1erberg. The change of venue
was denied. but Justice S0GeFberg offered
to transfer the case 20 Justice jones court,
providing that magistrate would uncoa-
tifienalls accept the jurisdiction aud hear
the case promptly. Justice Jones declined
10 decide in advance that BE had iarisdic.
ton. so Justice SofcYhegg proceeded sith
the case ia his own cnart with the result
stated above. After Qsinn had been COM
mitted 10 jail. bis attorney hFoughi action
In the dlssrsct court for the release of his
client through a writ OF habess ecFpns, al.
leging taa. his imprisonment was Illegal.
The poiue made by Mr. Hnmes In bis argu.
meat for the granting of the writ. was
that the Judgment OF the Justices court
was void because u had lost lis tnrssdic-
tioa upon the fling 81 the Affidavit and APP
plicatloa for change oi venue:
that the proceeding in the Justices court
was trial that Ia ali trials the defendant
Is entitled 70 change of venue upon al
AFFIDAVIT such as Was filed tn This case. and
davit was nled and the application denied.
was Hall and void Jaslice SoderbeFg ar~
peared for the territory, and afgaeG that
the case when in his court vas not trial
within the meaning OF the change OF venue
law. but Fethey ia tho nature 81 a prelimi-
nary examination. aad, therefore, no
change of venue caiild be gEsnted. II was
sTxued further that change Of venue
could not DC granted before the defendant
had entered hts plea; that in no ease does
a justice lese his jurisdiction ia a case nv
the application OF = change 81 venue. that
IL Is AZ the most ia the nature of All error.
and mast BE- corrected By an appeal, and
that this is the construction given
30 the saw, eY the Huprcafe court Of III
unis. from w hlch state the stasEte eoyerSHg
change OF venue was fa1isa. The argu-
meass on Doth sides xeTe listened 70 siih
che greatest interest by snAay saenbeFs Of
tae bar. this being a ueofes qaestion that
has oceaslone5 A great deal 81 trouble.
Judge Bgrke iatlmafed last evening that
BE ssanSlat nd the position Of tbs attorney
for the territory to b. roFrees. but the de
esslpa Will Eos b. rendered until some
siNsr tEss-afgeFDpVu
sRsSn LARCENY CASKS
l. pHseaN wss teied before 3ary In The
afternoon Oh charge Of grand larceny.
The evidence was tn the efsset that on .Ae
night % January %. 1859. Dueeaa took
g0ld watch sui sil in money fraa the
elosAiag u I. L Roeter who was oeeupy-
Ing r0nsa with his, In yiown town ioag-
luS house. pnaeau w&s caught While try
sng 10 dispose a the watch 70 +. " Bar
~, pasahEokeT The defense admitted
The thest Of the watch. has Geaissi the
taking Of the sli and attempted 10 prove
shAs tae value Of the watch was nos snfii-
ecins 90 make the egfssuse grad larceny. The
sary retagSed AFTER q few minutes dellbers
tionwita = ySrsiicf ~ guilty..
J. Nenatis was tried sor grand larceny
az the coneltsion Of the DaeeaG trial The
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