The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-09-09
THE JURY CHOSEN.
Trial of p. J. Pratt for Murder
Commenced.
HOW DoesoN WAS KILLED.
Prosecutions Story of the Homicide Told
to Twelve Men Who Believe IN
Capital Punishment.

was begun before Judge humes IN the
criminal department of the superior court
Yesterday morning. The day. until p.
M. was occupied in the examination OF
Jurors. The jurors were then sworn TO try
the case after which the information Tor
murder i'm the first degree was read and
the statement of the case made to the jury
by the prosecuting attorney. The defense
reserved its opening statement. The prose
cution then called its principal witness.
Charles H. Darlington, who was examined,
after which the court took recess until
this morning.
The courtroom was well filed with wit
nesses, jurors and spectators. The ac-
cused, man about 3S years of age, sat at
the smaller attorneys table, directly facing
the witness stand. His attorneys, Ronald
and Piles, sat at his right at the end OF the
table. At his left sat his young wife, with
her infant in arms. A child about years
of age clambered abeut her chair much OF
the time, while a son OF about IL years as
sisted the mother in entertaining the baby
when he became worried of the monoto-
nous proceedings and tried to drown At
torney Ronald's voice with his inarticulate
objections. Prosecuting Attorney Z. M.
Carr alone represented the state
than is usually required to secure an ac-
ceptable panel in trials wherein the death
penalty would follow verdict of guilty.
During the day two open venires were
issued. each for ten men. Many jurors
were excused for cause, mostly for having
formed an opinion of the guilt or inno-
cence of the defendant. Neither side ex-
hausted its peremptorv challenges. AS
IL t1I oyzd IN
the panel stood as follows:
H. Cowen, Latona, contractor; Ira
Woodin, Bothell, farmer: Thomas Gibson.
Tolt, coal miner; J. H. Barnes, Seattle,
paperhanger; II. H. Young, Seattle; II. NJ.
Giddings, Seattle carpenter; ID. H. Haw-
lev, Seattle, real estate dealer: Evan X.
Davis, Seattle, proprietor of the Avenue
house; w NJ. Harding Seattle.s carpenter;
NJ D. Crocker, Seattle, sign painter; George
Herring Seattle. barber; E. c. Walsh, Sc
attic, real estate dealer.
The information read to the jury, charged
Phlemming j. Pratt with knocking
Charles A. Dobson down, beating him about
the head with his fist, and also with knock
ing him down and inflicting injuries upon
him with blunt Instrument. After the
reading, Mr.. Ronald stated to the court
that the information charged two separate
ofienses, and moved the court that the
prosecution be compelled to elect upon
which it would proceed. The court over
ruled the motion. Mr.. Carr then stated to
the Jury that the state expected
to prove that on June last. Pratt came to
his newly built house, which Dobson had
erected for him, near Lake Washington.
He met there Charles A. Dobson and G. IL.
Harrington. Pratt and Dobson had a
quarrel about key. Dobson started down
the hill from the house. He made some
remark, whereupon Pratt ran after him. A
moment later Darlington saw a dinner
bucket flying in the air and Dobson falling.
He rushed out and found Dobson lying on
his face and Pratt pounding him. He took
Pratt off from Dobson and found the
latter dead. Lit would be shown by medi-
cal witnesses that Dobson's death was
caused by hemorrhage of the brain from
ruptures of blood vessels, caused by two
blows, one over the eyebrow and one over
the left ear.
Charles III. Darlington was then called to
the witness stand. Before the state COM
menced the examination, Mr.. Ronald arose
and objected to the admission of any
evidence III the case on these grounds:
First, that the information was not such as
is required by law; second, that it was no
information at all third, that it does not
substantially conform to the code; fourth,
that the mode of proceeding by informa-
ton, the law of Washington on this point
being unconstitutional: fifth, that the facts
stated do not constitute murder; sixth,
that it states two offenses. These points
were argued for nearly an hour, when the
court overrued the objection.
Mr. Darlington then proceeded TO give
his testimony. On June I, last,
he testified. he was working on
Pratt's new house, between Yesler avenue
and Madison street, near Lake Washing
ton. He was Dobson's partner in the con-
struction of the house Between and z
O'Clock in the evening. shortly before quit
ting work, Pratt came into the house
where Dobson was at work from the barn.
He heard Pratt ask Dobson for the key to
the house, saying that he wanted to get in
there the next day. Dobson would not
give it up. Dobson took his dinner pail
and started out of the house down
the hill. Pratt said to the wit
ness. what in hell is the matter of that
fellow that he won't give ME that KEY ?"
The witness was at work III the house.
Pratt and Dobson both LETT the house. The
next time the witness saw them, WAS
through the glass door of the house They
were about $50 feet away, about half way
down the hill toward Yesler avenue. He
saw Dobson's dinner pail flying through
the air. just missing Pratt. while Dobson
was falling. The witness started for them
He lost sight of them for an instant
while opening the door. When he next
saw them Dobson was down lying on his
side. and Pratt was down on his knees He
saw him strike Dobson two or three times.
When he reached him he told Pratt to get
IN. Pratt looked up at him. He spoke TO
him again, when Pratt arose TO his feet.
Dobson appeared 20 he Efeless. He did
not see him move again.
On cross-examination the witness stated
that Pratt appeared i'll his natural mood.
be did not speak angrIly to Dooson. When
they left the house he had no idea that
they would have row. He
didn't know that they had gone
together until he saw them through the
door. When he then saw them they were
standing three or four feet apart, facing
each other, Dobson falling, his dinner pail
flying through the air toward Pratt.
when you saw Pratt striking Dobson.
did be appear to be striking as hard as he
could2"
II do not think so"
did he have anything in his hand ?"
He did not"
How was he kneeling?"
"Dobson was lying on his right side. and
Pratt was kneeling with his knees against
Dobssn's back"
How did he appear after he found out
what was done?"