The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-09-12
THE FREMONT CASE.
Belongs Suit for the Syndi-
Gates Accounting.
THE PARTITION OF PROPERTY.
Powers Of Superior Judges in Insanity
NEUTRALITY-SUSPICIOUS., Jnryman Com
vfcted-New Salts Blotter.

The case OF W. W. Belvtn VS.. Thomas Burke
ct al, suit for IN accou iting OF . syndicate
transaction In . vainsbe tract OF land iuclud d
in the low nsiie of Fremont was called Tor trial
before Judge Lchtenberg yesterday morning.
trial OF this case, aud both OF them will be re-
CURED.
W. W. Belv,n. the plaintiff. and the defend
ants, Thomas Burke and John J. Mc0ilvra, AMI
b. r. Dsy and J. b Metcsl!e, were members Of .
syndicefe owning an undivided one-tniri in.
t-fest in 2i4 acres of land Or Lake Union. known
- the Denny & Hoyt sdd.t on, or Fremont.
decided in trust to Thomas Burke. Ia 1887
suit for the partition and sal OF this property
was brought by Thomas Burke, which WAS
grant d. and the land was sold py de rec OF
the court to 4 A. Denny and John p. Hoyt or
$26.64L68. In the cas- on trial the plaintiff al
ieges that he was on o; the territory aud knew
nothing OF the sale OF the property. He . 50 al
leges that by the sale 70 DENNY aud H.yf. they
obtained his interest," in the prop rty. and the
other members Of the syLdicate continued in
possession Of the same shares d before. II 10
also claimed the property was sold mt grossly
inadequate price. The plaintiff prays Tor an
accounting. and the payment OF the difference
between the price he then received aud the
present value or the land.
The court was occupied yesterday with the
examination Of The witnesses called In behalf Of
the plaintiff Mr.. Belvin was Called TO the
stand and te.tiied in supp IT OF the al egstions
oil the complaint b. NJ tea fe and 4. A..
Denny, cslled for the psintiff, denied that there
vas y asreems ut b fore Che sale that each
member Ct the Old syndicate should reesin his
intereet ia the isnd. J. b. Mstcslfe stated that
after the sale he was given the choi e Of bis
share of he p 'oreeds, or his share OF the land.
Mr. Denny sid that he had offered
members of the syndicate their choice
OF continuing In possession Of their shsres in
the land or taking the mon.y for them. BE did
this, he said. because he did not are about
keeping it all. as he knew that ne was paying
all that the land could possibly be worth.
Thomas r Shepard and I. r. Blaine are coun.
sci for the defendants, while Crockett. Browne
& Fortson and Junius Rochester appear for the
plaintiff
QUESTION OF JURISDICTION.
Charles A. Hodge. who was Wednesday &C
qnittei OF q charge Of forgery, the jury finding
hat the accused, at the time Of commit
ting the set aud OF arraig men, was
insane, was Yesterday commiued to
the insane asylum Ly Judge Humes.
1t is held by some attorneys that the superior
cour had no jurisdiction in the matter OF this
commism n, nd that there il presented fine
opportunity ior som lawyer 70 procure Hodges
release on . hsbeas corpus. Seotiol l. l0l OF The
code p Divides that IL p on charged with an
efYsnse Is aequ!tt. by reason of insanity, and
the jury, findiDg the verdict states that it il
given for sncn cause. the court, fit considers II
dangerous for such rson 70 go at large. may
order him committed to PRISON, or to the care
vi his fr ends, who shall give bond for his
safe eeping. There ia no provision here for
committing such person to The insane asylum.
The act Oh 1880 provides for the commitment
OF insane persons by superior judges, bur not
until after the probate court pssses out Of legal
existence, OH January !, 1891.
THE CRIMINAL DEPARTMENT.
Thrs e juries were retired ty Judge HumeA
John Cocnrane, British Columbia Indian.
was found guilty VI assault vita intent to COM
init RAPE upon theresa TrabucsttO, . 6-yesr.old
child.
NJ c. Quinn was next placed on trial on &
charge OF solicit NY al Ufi ,'er to place him on
jury. Deputy sheriff d. I. Hansen. the pr,nci.
lal witness Of the prosecution, tcstlded ~ hav.
ing met Quinn ON Y sier avenue, ana being
asked bv MIN to be D aced in the regular psuel.
Deputy Sheriff CraDtree fur the defense testified
that ne put Qatan on IN open venire las
March. the de.ense sought to establish as q
fact that Quinn thought from this nat he ought
to be n the regular panel. and this was the OBJ
ject Of his inqu ries OF Hansen. The Jury found
him guilty. Under the code he is liabie to o.
fne OF 1900.
In he afternoon Matt Riley was plared on
trial on a charge OF C mmittng an assault with
q d ably weapon last May in q restaurant ad-
joining the andard tneater. A murderous
looking revolver was produced. aud testimony
to show tina, with 1t the defendant struck Frank
Robbins over the head, ilfictins Q scalp
wound the iary retlr with the case, and
will return . sealed verdict
w. s. Ca lin, Couud over to the superior court
on . charge OF roobiug express package of
1900 N the steamer Idaho, was admitted to
bali by Judge HumeS His bondsmen are J. E
wo ,dward, FRANK T. Aslcomb and J. Cham
peaux
Bensenero Callilo was arraigned. and entered
plea OF guilty OF simple assault He was fned
SIS By the court
sHIFrLEsS wELeHMAN.
Mary Ann McKcuz.e filed a suit for divorce
against James Edward Mckenzie, on the sround
of desertion ana non-support The pia milf and
defendant were married at Swansea, South
Wales, ia 1888 The complaint alleges that the
defendant d. serted his vile and child al Frank
iiu, King county, two years ago last Au ,ust.
and has made no provision for their support
slice.
MORTGAGE FORECLOSURE
Ambrose Chi tende.i d. d suit for the fore
Closure a real estate mo ssnge for 1900
agsiuss A. w. Hight and the Salmon Bay Luu-
Der Company.