The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-09-16

Butt6 Nod for Trial ON . Charge Of
Qriminsl Libel.
Thrss O'clock yesterday afternoon wss
the hopE aYjsped for the preliminary q.
admission Of n. r. Butts, charged with
Grim inai libel ~ Of3cer J. L. Barck. Long
before the appointed time Judge Rivers
c0uxt-ro6m Was crowded with onlookers
from that portion Of the city in which the
defendant Il bsst known.
Attorneys White and Munday repre-
scented the state and E. Hardin appeared
Tor the defeua. When the cass was
called defendants counsel made motion
for continuance. based upon m affidavit
BY n. F. Butts. that II T. II. Clancy was
present his Testimony would be important
and asking that the hearing be continued
for thirty Gays. The affidavit was objected
to b. the slate on tho grounds that it was
insufficient in law, and that the defense
failed % state II T. II. Clancy Was present
whathe would testify to. The motion was
overruled and the defense asked lsavs 70
amend. which was granted.
The state filed counter afidavit stating
that 7. II. Clancy was in Seattle from the
date Of complaint until Z. m. Sunday and
that the defense made no effort 10 sub
p0na him. Counsel for the stats argued
that the motion was simply for the pur-
pose Of delay.
The motion for continuance Was denied,
and d. E Durie, manager Of the Seattle
Telegraph, was called ~ first witness for
the state.
Mr.. Durie testified that Butts came to
his Office OF his own free will and asked
him to publish the affidsvit upon which
the libel suit was based. Butts was not
unduly excited nor under the inAuencs Of
liquor.
Detective J. L. Bsrck was next called.
He testified that he assisted in pulling"
Butts gambling-house in Morning Star
the night OF September s.; that when
he left police headquarters Butts
walked down the street with him. and that
he left him standing on the corner Of Jack.
ten and Third streets, and proceeded
towards the Seattle Transfer house to see
tho night Waterman. and that he did not
return to Clancy 4 Burns saloon until
about o'clock the following morning. He
did not see Pete Burns on that night, and
did not either warn Burns or anyone else
that nil the gambling houses we're to be
raided.
P. g. Burns was next called. He testi-
fed in substance that he did not see officer
Barck the night in question.
v. II. Faben, notary public, testified to
the signature of n. +. Butts and the an
davit in question.
Detective Rogers corroborsted the testi-
mony Of the preceding witnesses, and the
state rested.
Counsel for defense then made . motion
to have defendant discharged, on the
ground that the state faiied to establish
malice. The motion was overruled-the
court holding that under the state code it
u unnecessary 70 prove malice.
Butts, the defendant, then took the stand
and swors in substance what appeared In
his affidavit was tue. Onicef Barck, he
said, did enter Clancy q Burns saloon
about IL O'Clock, and there and then mott.
fed Pete Burns that his house would BE-
raided that night. 49,
Butts story wasssnpported by the testi-
mony Of his night bartender.
Officer Corbett was called for the defense.
He testified that Officer Barck was not in
the saloon that night.
This closed the case. and the defendant
was held to await trial in the superior
court in $500 bonds.
Patrick ]. Lyons, an ex-saIoon-kesper,
and ]. G. Bernard, bartender, went on
his bond and he was released.