The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-06-26


g h1tp4 - snou tnot - toferdame.
- - ~ ~ eGoe, M e1ecsed an6
e 1870 nteEM -. h vkjon roonfp4s.
ecyee9x - vnk5on ezoorsfonoao eo6ice-
s "a alle1ed ~ IL twenty-five counts II
inasssment. woro fof gross smounts.
s0s yAsaoW sefv1ces.
e prosecatiou nsUuoo tknt tie fact Of
nae1y taking - IN excs>s Of those
ss4.sseo ~ IN coasottuted The fscf 81 e.
lilo.
- o0urt eusentned DE notina On the
xOsnd fuA1 - pgo1eeut1on had not pro-
1850 any sysdsnce - slow hist Ire fees
ma noE pe<n paid voluntarily with the
P@te1 iui knowiedEs that they vere IN
e.cess g - legal fees. pece ssary element
tee eS1nno 81 extorti0n. Every other
msteflAl fact, the court said. had been sus-
famed ~ the evidences. On this point.
however. The evidences had shown that the
ieee Were paid voluntarily. and not exarsed
g e1ioxied. The fos card hung In the
oAhee, ana the ieea had b. n paid by ship
brokers'. well knowing what the legal
cnaFees we're.
O0loneI Winston stated that Ii would b
Impossible for the government 10 secure
conviction under this ruling, q CAPTAIN
cprngus. against whom the exsortion Vas
alleged In every count, had told him that
ne paid the fees voluntarily. Captain
hrrague Vas present in the courtroom and
neasd this statement.
L. 1. Luptcn, clerk of the troasurv de-
partment, and Leslie Cuslom. Who MAS
appointed BY President Cleveland 10 take
charge Of the Port Townsend cussomhouse
In January. 1SSy we're the only v.tnesse.
called By the government yesterday.
Mr.. Lupton's testimony was in brief
10 the effect that he arrived in
Port Townsend in January. 1850
His attention was frst called 70 the lef~ua-
snt's prsctics Of using tho white rec<inss
by CbinamaR presenting one Of VA
Chune's receipts for an overchayre. Mr.
Harmed explained that he had naid over
the amount OF the overcharre. hut he could
not End the entry in the book. In an ex-
animation Of the cusfomhouse he found
800 or eco blank receipt. detached from the
blue hook stubs. These receipts and their
stubs bear corresponding numbers He
found about go IN = stovepiue hole in the
room occupied by Mr.. Harmed as . private
ofs3ce. He ha< conversations With ihe a..
fendant on the subject OF the white
receipts. In the presence OF Mr.. Cullom
asked him Why he used the white recsip,s-
He sepfsed that dupiicates we're frtou<ntiv
required. He then asked why he destroyed
the white receipts. He did mt answer
He then asked the defendant why be made
the oyeYciaarees on the white receipt,. He
orphaned this 1t first BIZ saving that thew
were for extra service. clearing n night
etc., and sfserward that thew vera for
blanks. He wss then asked What he did
with the oyercharre. He replied that Il
went into pool and was divided between
the collector. the speciai agent and
himself. Mr.. Lupton also testified
thai Harmed came into the custombou.e
one evening aud told him that he wished
to see him la bis private room. He there
told hin, that be fesred that he vould Ia
short in his counts and offered him q cert.
6sd check for $2,O00. which he told the wit
ness he could apply on the shortage or in
any other manner be saw 1T The check
WAS refused On the following morning
he came again with sack OF ~ 900 In coin,
which be raid he had taken from
the eafe when he quit the
servics the preceding October. Mr..
Lupton then called MI. Cuilom into the
room and the defendant repeated the state
ment In the presence OF both. The money
was not received. but was tagged and held
until Instructions we're obtained from the
department to receive II. On cross-sxam-
inati0n Mr.. Lupton Vas asked II he had
not approached Mr.. Harmed and told him
that he would be short In his accounts.
This question was asked In several forms.
but Was denied positively each time.
Mr.. Goldman then asked him II
Harmed had not stated TO him
that he Vas dismissed from the service
abruptly without any chance to make up
his accounts. The witness said that he
alwaya complained OF the way be had been
treated. Lssiie Cullom testified 70 being
present ana nearing All. harmed SPEAK
about pooling the overchargss for blanks.
He also confirmed Mr.. Lupton's testimony
concerning the 81 .0o0 in coin.
coon pAY roR pAMAeE SUNS.
Acemn.aint fled Yesterday by r. W..
f;oy,ion alleges that the comnlainant has
hse,, ;niureui and dam ared IA the extent of
spt, ,scH1 i,v 4 slanderous statement made bv
Carl i. Nelson. one Of the proprictors Of
sne As.ss 1os -. w.. 49, ~ 49, = :. US Ia