, 1889-09-26
THE TRIAL BEGUN.
The So-Called Boodlers Arraigned
in Justice Dunning's Court
Mr.. Waters First
The Defense Asks for a Change
of Venue, Which Is Denied
The Grounds.
Testimony of Witnosses-The Ex-
animation Adjourned Until
o:3O Monday Morning.


filled when the hour arrived for the be-
ginning OF the Doodle trial before Justice
Dunning yesterday. There was forrni-
dable array of legal talent on both sides,
the prosecution being represented by
Buck & Winston. Frank Graves and
James II. Jones, and the defense by Col
onel w. w. ID. Turner and George NJ.
Forster Of the firm of Turner, Forster &
Turner Colonel James w. Fcighan and
Colonel J. Y. Moore of the firm of Grif-
fits, Moore IL Feighan, William NJ.
Ridpath and Colonel l.. p. Nash.
The first case called was that Of Sidney
ID. Waters, charged with grand larceny.
Colonel Turner read an affidavit Of MIR.
Waters setting forth that lie believed he
would not have u fair and impartial trial
before Justice I'unning. Upon this atti-
davit Colonel Turner moved Tor change
of venue. Frank Graves opened the
case for the prosecution in a brief argti-
ment against the granting of the motion.
He was followed by Colonel Nasl, who
reviewed the legal points in favor of the
motion. Colonel Winston followed, and
quoted numerous authorities to show
why the motion should be denied.
The only grounds, he said,
upon which the defense could base
the motion was that defendant wanted
somebody else to try the case. The
colonel had never yet seen man who
liked the court before whom he was
brought ON criminal charge. Colonel
Feighan and Colonel Moore and Mr..
Jones and Judge Buck also argued for
and against the motion, respectively.
These arguments consumed three hours,
and were based ON these propositions: !:
The defense claimed that the case now
at issue was u trial In justice court, re-
quiring the exercise of judicial ftlnc-
tions; hence the defense was entitled to
change of venue on tine affidavit pre-
sented. The prosecution argued that
the justice had no power to try the case,
as it . was beyond his jurisdiction I;
that change of venue could not
be granted, except In u case of trial /;
that this was not trial, but prclimi-
nary examination, to be sent to u higher
court, and the law did not permit q
justice to grant a change of venue for a
preliminary hearing.
| Justice Dumping denied the motion
for u change ofvenuc, and the court ad-
Journcd until l;30 p. NJ.
AFTERNOON SESSION.
Tie courtroom was again packed when
the proceedings were resumed in the
afternoon. Colonel Nash of counsel for
defense, In entering {. plea of not guilty,
said they had never denied and did
not propose TO deny that defendant had
taken certain u articles, consisting OF
hams, bacon, canned goods, ETC., from
and with the consent of the relief com.
mittec. No concealment of this had
ever been made or attempted Tho
goods were presumed to have been
charged to Major Waters, and IL they
were not charged it was no fault of his.
The committee had freely given him
permission to- take such articles as he
needed and he had done SO, with the
understanding that they were to be
charged TO him. Counsel here read n
list of the articles Major Waters had
appropriated, and said If the par
pose. of tho prosecution was to prove that
defendant had taken these articles they
could save themselves the trouble, as tho
defense was willing to admit this NJ the
outset. They were also willing to admi
that the value of the goods taken would
exceed $40, enough to justify the charge
or grand larceny if they had been stolen.
Ii was mutually agreed that the argu-
meuts should be limited to two attorneys
! from each side, and the trouble began.
The first witness called by the prosecu-
ton was A. NJ. Cannon.
A. Nj. Cannon sworn: am chairman
of the relief committee. The committee
was formed to receive and disburse the
goods sent from other localities for the
relief of the sufferers by the fire. Tie
goods were kept at relief headquarters.
/ Harry HAYWARD was secretary and gen
erul manager and was in charge OF the
distribution of the goods. The commit
tee gave written orders for goods to be
/ distributed to deserving persons. No
goods were authorized TO be issued in
any other manner to my knowledge. No
person other than members of
the committee had any authority
to sign orders for relief supplies.
! know s. ID. Waters. Never authorized
him to take any goods from the tent,
and never knew any member of thecom-
mittee to do so. The committee was APP
pointed by the mayor at a meeting OF
the council and citizens. think the
lirst carload OF provisions came from
Walla Walla on the Tuesday following
the fire. was never at the relief tent
but once; all my business was at CON-
mittee headquarters. Supplies were is
sued to members of the militia and fire
department who were in need. A
few orders were given to MEM
bcrs of tho Ladies' Aid Society
for goods to be distributed among
tho distressed known to them.
MIR. Waters camc to me, in company y
with Mr., Hayward, aud stated that
there were people In town who were able
to pay for goods hut could not gel. them.
Perhaps some goods were issued from
the relief tent to such parties. believe
Major Waters devoted his entire time to
looking after relief matters; he was very
active. Goods may have been issued OH
verbal orders of members Of the commit
tee for few days prior to the time the
committee decided to issue supplies onl y
on written orders. The supplies re-
ceived were usually consigned to the
mayor and were turned over to the CON-
mittee. Il. l.. Swarts came ia
me and said things were run
ming loosely at the tent and sup.
plies were being sent to undoscrying
persons, Major Waters among them.
Major Waters attention being called to
ceived some goods and that Mr.. Hay
ward had an account OF them. Mr..
Hayward was present and informed the
committee that he had memoranda ui
the goods received by MIR. Waters, and
nothing more was said about the matter.