The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-09-17

rapher ever doubted his word don't thinx he
doubted it then, for think the stenographer
believed when that document was dictated TO
him that there are some very mysterious things
going on among lawyers sometimes. Ana
yet he feels that IL is not enough: he
must tell somebody else, and be goes and tells
Mr. Preston the same story so that Mr. Preston
can come up and swear to il as a witness ii IL Is
necessary, and. as he wants another witness
he goes TO Mr.. Donworth and tells
him the same rigamaroIe, so he can
come up and swear to it If necessary. My God,
can't man come into his office and have a lit
tie contract prepared without his running to
every member of the firm and telling them all
about it? Not only that, must he go 70 his stem
ographer and talk TO him about il? 1t is mere
ordinary little contract, which he did not know
anything about that he got $40 for. and yet he
goes TO each member of the firm, from the head
down to the Office boy, and tells them ali about
his conversation with Ross. The Italian hand
and cunning brain that could originate this
gigantic scheme smart enough and shrewd
enough to cover the tracks and get witnesses
when they were needed. The thing runs along.
The third visit of Chandler, alias Ross,
furnished the prosecution points for con-
demning the defendant for not informing
the police. Then passing on to the at
tempted arrest Of Mr.. Albertson, the
prosecutor said:
Take his conduct when be was arrested,
knowing that there il an evil suspicion resting
upon him, knowing that an honorable man,
prominent citizen like Mr.. wallace
has make oath to a warrant cnarg-
ing him with this ofense, what does he
do? Docs he manfully say: "Mr Omcer, viii
go with you. When do you want to leaveY l
ready to meet the charge Does no say
that? No; but he calls his friend into the car
rage with him, be and his friend drive togetner,
he don't want to be lett alone, and
he escapes from the officer, fees from him aud
gets away from him and away from his clutches.
Is that the way an innocent man acts, or is that
the way guilty man acts? III he Is the
soul OF honor, when he knew he
was charged in criminal complaint in
a court of justice and that warrant was regu-
larry issued and that an officer OF the law came
to him and in gentle manner told him he had
a warrant for his arrest why did he not
then say, 81 will go with you; / will
answer the charge: L will meet it
like man." No, but he cringes, seeks an es-
care and finally gets away from the officer in or.
ger to see If he cannot have little more time to
prepare for his defense, or from some other
motive best known to himself.
Take then, if the court please all the circum-
stances surrounding this case; take his connec-
ton with it all the way through and ask you
if there is not probable grounds: ask you if
you can see your way clear to do any
thing under the circumstances but
bind this man over to answer his trial in the
superior court. 1t seems to me that the state in
this case has proven not oply probable cause,
but has shown such a chain of circumstances,
such a condition OF things, as is absolutely in
consistent with the defendants innocence. It
seeing to that we have proven his guilt
beyond ali question OF a doubt, so clearly, so
positively, conclusively that twelve OF
his peers, after hearing the testimony, will rise
and say, with one voice, he il guilty as
charged in the information.
THE COURT WAS BORED.
AS soon as the prosecutor had COM
pleted his argument Judge Burke arose
and standing directly in front of the court,
commenced his address. Never once dur
ing his speech, which was just one hour
long, did the advocate take his eyes from
the direction of where the court was
sitting; but never once did the court deign
to look at the advocate. The man on the
bench was bored and he showed it. His
chair was swung around so that his
profile was clearly outlined to Judge
Burke and the audience from the left side.
He played idly with his fingers, drummed
upon the arms of his chair, looked for a
long time out of a window that
would have been at his back had
he been showing any evidence
of interest in the arguments of the learned
counsel, and occasionally made a gesture
of Impotence.
JUDGE BURKE's ARGUMENT.
Burke, however, talked right on, and
the crowd listened with intense interest
He opened In low conversational tone,
but as he proceeded he became warmer,
and many of his periods were very dra-
matte. He said:
May it please the court: During the two DAYS
consumed in taxing the testimony upon this
hearing, watched intently for some evidence,
some proof, that would to a reasonable mind
afford basis for the charge which has been
made against the defendant. Robert B. Albert
son, and have waited for that proof in vain
1t was not until the learned and able prosecut-
ing attorney arose and addressed the court this
afternoon that was able to gather what could
be the theory upon which, after the evidence
was all In In this case, the state could adopt or
insist to your honor that this man should be
held upon this evidence.
1t is needless for me to say that that theory
fs based entirely upon an imaginary state of
facts, not one of which can be found in the
record in this case. That may not be misun-
derstood as regards my attitude towards the
learned and courteous prosecuting attorney,
take this occasion to say that attorney for the
defendant in this case l feel indebted to tho
learned prosecuting attorney for his fair and
courteous conduct throughout the entire pro-
ceedings, as was becoming and proper
In prosecuting officer, but a thing
not always observed, anu sorry to
say The learned prosecutor has main
tanned throughout the taking of the testimony
the judicial character guaranteed by his able
conduct of the case to the state, the fullest
possible investigation into the facts, affording
TO the defense the amplest opportunity to pre-
sent the facts from their point of view But
the moment my distinguished friend arose to
ms feet to comment upon the evidence the
Judicial character disappeared and in its place
the eloquent advocate stood up, and in order to
arrive at the conclusion that the ad-
vocste had in mind, the facts nut
in under oath not warrauting that con-
clusion or even distant approach to il,
advocate like the facts that were in were dis.
carded, and the facts that never got in and
never existed, IL l may 30 speak, were called
into requisit1On to sustain the theory that the
stupendorss robbery of this Fidelity bank WAS
concocted by Robert r. Albertson in the city of
Seattle. Even in that regard | am indebted TO
the eloquent gentleman for the frankness and
candor with which be takes his position, for it
is really the only position possible. even on al
imaginary state of facts. There is not,
absolutely, any other possible position
for the learned prosecuting attorney to take than
that Mr.. Edward Albertsou was not the princi-
pal criminal at all, that that was mistake and
that Robert Albertson is and was the principal
criminal in this stupendous robbery. That IL
was his brain that coueoeted and his hand that
executed the robbery. Could the farce of folly
further go7 Could more preposterous nosition
be taken? Aad vet, am free To say that stand
ing In the learned coupsers place. among the
Htln-t and he