The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-09-19
KIDNAPERS IN COURT.
Testimony Taken in the Case of Sulii-
vans Man.

man.
The hearing of the charge against p D. Me-
Kay. one of the aecompiices of NJ. C. sullivan
in the kidnapping of K. b. Albertson and w. f.
Bailey, was begun before Justice Won Tobel, in
Judge Rivers courtroom, last evening Tho
cases of the trio-Sullivan, Mckay and Isaac
Evans-all charged with assault and battery
on Aibertson, were to have come up at 10 o'clock
in the morning, but as Judge Rochester, one OF
their counsel, was engaged on case in the
superior court, J. T. Ronald obtained a post
ponement until o'clock in to evening in the
cases of Mckay and Evans. This had just been
arranged when Prosecuting Attorney Miller
called for the immediate trial of Sullivan. That
worthy was not present and his counsel had to
plead for a postponement in his case. In agree
ing to this Mr.. Miller said he did it out of no
consideration for Sullivan, but to oblige his at
torneys, for Sullivan had shown no respect for
tho law, having failed to appear
at any time when wanted, and ii he
did not appear at the time set, he (ir. MiIlerl
would ask to have his bond forfeited. suIli-
vans hearing was then postponed until O clock
this afternoon.
Att O'Clock in the evening the upper room in
the old city hall, where the old council used to
wrestle with railroad franchises and water
works problems, was well crowded with law
yers, prisoners, witnesses and the general pub
lie. At the counsels table were Judge
Burke. Prosecuting Attorney Miller,
his assistant, William Caldwell, George
Donworth and George Hyde Preston
The prisoners counsel, Judge Junius Rochester
and J. 7. Ronald, had supposed that the trial
was to take place in the criminal department of
the superior court and did not arrive until half
an hour late, accompanied by G.. A. c. Rochester.
In a corner near the bench sat DIR. j. !. Klocher,
Sheriff Woolery, ID. y. Baxter, Chief of Police
Rogers, with K. b. Albertson near their counsel,
and the accused, T. ID. Mckay and Isaac Evans,
at a little distance. The jury was at first COM
Of n ID II
stratton, N. Chilberg, Amos Brown and r. /.
Thorne.
The defense demanded that both Mckay and
Evans be tried together, claiming that the state
had agreed TO that arrangement, but Mr. Miller
demanded that Mckay be tried separately and
the court so ordered.
p. d. Mckay was called and pleaded not
guilty to the charge of assault and battery on
r. b. Albertson, smile passing over his sinis-
ter face as he took q seat beside his attorneys.
Counsel then questioned the jury To ascertain
whether or not they were biased and
Mr. Ronald challenged Mr. Thorne because no
admitted that evidence would be needed TO de-
stroy the opinion he had formed from the news
papers as to McKay's guilt or innocence. The
prosecution allowed the challenge, and the de-
fense, insisting on six jurymen, Henry Van As
sett was called, and after rigid examination
cepted. The defense then claimed moro
peremptory challenges and an argument
aid the justice sustaining the former
challenge. Mr.. Ronod then asked for postpone
meut in order that he might apply for a writ OF
certiorar on this point, but he again over
ruled. The jury was then sworn and Judge
Burke came forward to deliver the opening
speech. Judge Rochester objected to his acting,
claiming that the prosecuting attorney had
right to employ extra counsel, but was over
ruled. Judge Burke then opened the case on
behalf OF the state, and briefly recited the facts
which il was proposed to prove, as already pub
lished.
w. +. Bailey testified that week ago last
Thursday r. B. Albertson and he were on the
way to dinner on Third, between Marion and
Madison, when two men stepped up TO them.
One OF them, Evans said 10 Albertson, 81 want
you; have warrant Tor your arrest" Albert
son said the warrant ss of no effect, this 10
King county, and it is a Pierce county warrant.
Evans then said he must go 70 Sheriff Woolerys
Office Albertson offered 10 go to his own office.
Then Evans said he must go 10 the sherifs off
flee, and tried 10 force him into hack. Albert
son wanted to walk, but they said they wanted
no nOtoriety, and We must get in the hack Iu-
stead of going to the latter building they
drove down Third street, and said they were
going to the station.
Albertson then asked to seethe warrant again.
They drove past the station along the Grant
street bridge, Mckay on the seat with the driver,
Sullivan and Evans inside the carriage.
Judge Rochester objected 10 any evidence
to what happened before Mckay got into the
carriage, but Judge Burke claimed that all were
acting in concert, and was sustained.
Mr.. Bailey continued: 'When we were driving
. along the bridge, we said the warrant was not
legal and we attempted to get out of the earri-
age, but they pulled Albertson back and ehokcd
him 10 prevent him from making outcry.
sullivan told me If I did not keep quiet no
would hx me, aud put his hand 10 his pocket
Sullivan then got on the box and Mckay got in
and said he would tx me If I did not keep
quiet. Most of the blinds had then been
Put up"
Judge Rochester demanded that Mr.. BaiIey's
testimony cease when he had told of the assault
complained of, but Judge Burke said he in
tended 20 show continuous assault from the
time they got into the hack. Mr. Ronald said
the law did not contemplate a continuous
sault, but the court sustained Judge Bgrke.
Mr.. Bailey then proceeded: "AIbeElson put
his head ont OF the carriage two or
three times - call passers-by, but Mckay
and Evans pulled hira back into the hack i
saw a man on horseback behind and asked him
10 go 10 the nearest police station After Nc
Kay got In the carriage Albertson tried two or
three times 10 crawl out OF the window and was
dragged down b. Mckay and Evans, who said