The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-09-25
BUTTS IS ACQUITTED.
The Preponderance Of Evidence
In His Favor.
JOHN WELSH GETS SEVEN YEARS.


n. +. Butts. charged with criminal Libel,
Vas acquitted last evening at 80 o'clock.
after trial which lasted nearly al day.
The Cfense for which Butts was arrested
and tsied was Publishing on September II,
1880. IN the Seattle Telegraph. : long affidavit
alleging that his gambling-house, on jack
son strest, had been pulled by the police
because he refused to contribute to the
campaign fund. He further claimed that
Detective Barck had notified Clancy T.
Burns that their place was to b raided.
Tbs particular statement in Butts affidavit
upon which the suit was brought il ~
foil0ws:
II went down to point out the places and
found that Officer Barck hsd gone ahead
OF me and tried to notify Clancy 4 Burns
that they had orders to pull them and TO
look out happened to get there in time
TO re Barck notify Burns, and objected
to It.
The courtroom in Judge Humes' depart
ment was full Of spectators I'll afternoon.
and the closest attention was paid to the
trial. For the state Bolton Rogers, Peter
Burns, 8. G. Corbett, George Munroe.
George Cave, s. d. Jones, Charles Flynn
and @. II. Lynch testified, and for the de-
fendant James Leigher. John Her man.
William Murphy and N. r. Butts.
The jury consisted Of the following mon !:
Thomas Gibson, H. NJ. Gidings, w. M.
Harding. Ira Woodin, J. +. Carlton, J. II.
Barnes, d. H. Hawley, Evan X Davis. G.
J. Beaudorant, X. Spar, E. w. Mugdstt. E.
b. Hui.
Detective Barck, - the principal prose
cutting witness. testified ~ follows: Il
saw Butts on the evening OF the Sth inst. !:
he wss ct police headquarters just before
midnight; he told me there were seven
games running down on Jackson street,
and ordered me 70 go down and pull them:
told him to 60 10 the officers on that beat.
- II was their duty to attend TO such mat
tiers; Sam Corbett and George Cave were
the officers on that beat; Butts left head
quarters and left soon after: caught up
with him on Jackson street and We walked
little piece; we separated and met
Butts again little later directly In front
Of Clancy a Burns saloon; / told
him that Corbett was on his
way MP there, II he wanted an officer; I
waited until Corbett came up; Butts told
Corbett that there were games running IN
side and told Corbett to pull them; Cor
bett said he would 60 and see Cave about
IL; he then started of mp the street; !
stood talking with Butts. but, before tho
the officers came, left and went down to
the warehouses Of the Seattle Transfer
Company; was not out OF Butte sight ct
any time when Was In the vicinity of the
saloen; saw Burns about an hour before
Butts dealer was arrested, and did not see
him again until o'clock the next after
noon; 1t about O'Clock in the morning I
stepped into Clancy 4 Burns saloon, got .
cigar and went right out; had no other
conversation; did not give them any
notice that the games were to be pulled"
Officers Corbett and Cave testified they
went into the saloon ct the time Butts said
Barck gave the nOtics, and that Barck was
not there at the time. Detective Rogers
testified that he sat in Burns's saloon, talk
ing with Peter Burns, from IL 80 o'clock
the night OF the 9Th until 2:3O the next
morning. and that Barck did not come
into the saloon. Peter Burns corroborated
this testimony and swore that no one gave
him any warning OF raid. ]. II. Lynch
and Charles Flynn. two employees Of the
transfer company. testified that they saw
Barck at the stables at 1880, the time that
Barck claimed he was there.
Butts barkeeper. for the defense, and .
waiter in . restaurant, testified that they
were standing in front Of Clancy & Burns
saloon, and saw Barck 60 into the saloon
and talk to Burns. Butts himself swore to
the SAME effect that he did on the affidavit.
The jury retired at $50, and after two
hours elaboration returned Q verdict OF
not guilty.