The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-07-30

aad seen Terry In town that morning Told
Holden there wssn't any white man with them
Knew better. Yes, suspected Holden of
Holden. WANTED to srrest any one who was
with those Cinnamon. had q right 70 arrest
eny men who were with them. Didn't tell
noidsn, DecaHse knew he was in Il. / balieYe
xt because all his actions told me. Thsse men
we're trying 70 avoid tina two men whom
nsn guardlng the road. Holden was the
only man that knew the read VISA guarded.
Hays cons siderable feeling against Holden now.
Didn't have before. Don't know but what three
sure th beSn' w we're rh,ss Doa fnow sor
whether there were two or three white men.
Terry fred first; our pistols struck He fred
whether hit him. fred AZ him. There were
TWO men ran away. would FIRE az a man run
ming sway. would fire 70 kill. But | did not
fell after my second shot. Buchanan was still
nring. Buchanan was little ways behind /
had been wounded then l could see the flash
Don't know how far he was back. Think fell
Into . Little sink at edge OF corduroy.
no oIn1 ,.;ns so ss. sa sS1us nay
some weeds. Ny gun was l-caliber. Poor fred
At me- Just as Terry ran Poor shot me In the
Poor shot me. Thought these men were Holden
and Terry. Didn't think about speaking 70 Hol-
den. Thought Holden was there. / went up
and turned Poors face over. Didn't know who
IL was before went up. One man might have
been Chinaman. ] knew IL was the man who
shot me in tho hesd that was dying there.
Thought one OF tbs three men was Holden.
Cinnamon were all up on the grade. II was
pretty dark; couldn't distinguish white man
tsa asca. y MT - 800 WI go, 1ss.
lively there were three men down there firing az
US. Poor was twenty feet away; one man was
ten feet away. Could not recognize any one that
distance. Could see forty rods Did not pick
mp false gostee. Came straight down town.
Holden came In and offered 10 shake hands. 1
shink. said 70 bin that would arrest him for
completely in the smuggling scheme. told 81
Clair that bad crippled one man and killed an
other. Didn't think Il was possible could have
missed Terry. Didn't have anybody 10 guard
railroad track, as told Holden. expect said
"You are the - who was shooting az
me," 70 Holden. Did not say 70 any one that
had killed the wrong man.
Redirect:
thought Mr.. Holden had betrayed me. / was
erieved 70 have 9 man come up to shake hands
alter he had been shooting At me less than an
hour before. Am certain that two men ran
away who we're shooting. / commenced shoot
ing at Poor when the others away.
John Alexander, on direct examination, testi-
Ged:
Live at Kent. Am deputy collector at Seattle.
Have been year and fourteen months, that 10
two years and two months. am the superior
officer Of Baird 20 a certain extent Baird keeps
me posted sometimes OF his movements.
Holden 10 u nder my orders. / received tele-
gram from Baird. Did not instruct Holden
% come to wooley. Didn't know where Holden
was. Received message from Baird Friday say
Acme. The deputy marshals were to go out on
the Great Northern. Holden was 70 20 with
snsse men Ai.sr u. learned ho,den
den came here without my instructions. He
may have lad instructions from collector; I
don't know. IL is the duty of officer TO arrest
men with Cinnamon and turn them over TO =
United States Commissioner
On eross-examination Mr.. Alexander testified:
Am under Mr. Bradshaw. Holden and Baird
are under me. 1t Is true the officers sometimes
tn Inca han fhapf afrtk
something without asking or notifying me.
Can't 90 II there are officers stationed at the
attic. Lake shore Eastern railway iS II Holden Id
place II in Seattle, but he goes out The col
lector sometimes gives orders direct 70 the In
spectors
J. H. Ccblsntx sworn for defense, testified:
Reside In Tacoma; am an inspector of GUS
toms Came here yesterday morning. Talked
with Holden. Holden gave me his version OF
the shooting. Said he had given his pistol TO
Poor. said there must have been two men fir
Ing. Holden said his pistol had disappeared I
work under Nuke directly. look aitor China
Sood many mem mnD e hard case ss
him 70 throw up his hands; II not, slap him on
the shoulder when arrest him.
Fred N. Digger testified:
Am brakeman on the Seattle, Lake Shore d
Eastern railway between sedro and Sumas.
Have heard most Of the testimony. Have seen
TORY. Saw him between sumas and sedro.
Had conversation with Terry: He got on train
wards he came in the car near Seattle and said
be had had bis pains all for nothing: that the
Chinaman was caught, and he had TO skip. Terry
told me that smuggling chinanen was easy. /
said all right, 20 let me know when Cinnamon
we're coming and l would help him. Then
told Baird Nooksack City Is five miles this
side OF sumas. Terry got on there. On his
way back from Seattle be told me he had had
his trouble for nothing l get nothing II help
men on my train in two months. Don't know
II Terry was smuggling that Chinsmsn.
A. l. 81 Clair, recalled, testified:
Saw the Cinnamon after their capture Had
saw tracks Of four men, two coming toward
hedro. One man had been making strides OF from
Tour to six feet long His footprint was wider
II was the same.
The last witness closed the case for the de-
Tense, aud the arguments OF counsel commenced.
Both OF the lawyers were in good spirits, aud
both OF them tried 10 show of a little in the
oratorical line. Attorney Smith in his argument
Claimed that the shooting was iustihabla They
could not have rstreated. They were exercising
the duties OF the law. 1t was the duty of the
men who were smuggling IN those Cinnamon to
submit to arrest They began shooting at the
officers. Why did they so by that road If they
had those men under srrsstG II was about the
same distance one way as another. The way
they chose was dark and narrow. Why was
Poor there disguised II not for smugglingg
There was not particle of evidence, he said to
show that these officers did the killing with
malice aforethonght, All this was done in good
faith, and II was the duty OF the court 10 dis
miss the defendants.
District Attorney Jones held that the prose-
eution did not have TO prove the defendants
guilty In preliminary beyond a reasonable
doubt. III they showed that otfensa had been
committed and that the defendants had been
guilty OF any felony, 10 was the duty Of the
court to bind them over. Even II Terry and
Holden were smnggiers these men had no right
TO shoot The evidence showed that Baird was
mistaken In his superstition that Holden wss a
smuggier 1t was significant of Holden's inno-
eenee that a. wanted 10 shake hands
With Baird alter the time Of the shoot.
Ing Because man was an officer did
not give him right 20 shoot unless absolutely
necessary In arrestlng party who had com
mitsed felony or In seh.defenss. It was nat
orai Tor the accused men 10 say the others shot
frst-they were too much interested 20 do
otherwise. The truth was Baird was A new
onicer aud wanted 20 make 3 record. The rec
erd be bad made by that nights work would
last him long time Because Terry was an
oHieer did noi make Poor aud Holden smuy-
Eiera TeTryis testimony straight and not
contradictory. The Cinnamon said thst the a.
lacking party hred first. bat there was one man
who could never testify, whose lips were for
ever closed
The arguments through with, all eyes turned
10 Justice Terry for his verdict No one was
certain what the result would be and nearly all
were surprised &C his decision. lie said ha
thought that the defendants were acting IN
good faith ia gcing up TO where the shooting
occurred. The party with the Chinamen. he
thought, went in the wreng direction when they
came out ei the woods; IL locked "a though
they were trying to mSks away with them. IL
was an important question 90 who did
shgAffnE hnk