The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-07-17
BACKED BY AFFIDAvITs.
Charges Against Wall "A Soldiers vfeS
of Shnnk,s Position.


of Shank's Position.
Two affidayits are now in possession of the
officers which have bearing upon the assault
case against Martin WALL the alleged assailant
of Captain Kearney. On Tuesday, Private Row
land, of Company C, was taken to the Office of
local notary, where he made the following state
ment'
STATE OF WAsHISGToN,l
COUNTY OF KING, 80
And now comes s. II. Rowland, who, being duly
sworn, deposes and says that on or about July
10 1891, at Newcastle, deponent saw one Martin
Wall throw a stone or rock 81 man who is gen.
orally known as Captain kearney said stone or
rock being thrown with malicious intent
5. II. ROWLAND,
Private, Company C, n. q. ".
Subscribed ana sworn to this July II, 1891.
JoHS Mcknight, Notary Public.
The other affidavit is sworn to by Kearney
himself and is as follows:
Personally appeared before me, s W. Scott, a
notary public, residing at Seattle, Patrick
Kearney, who being first duly sworn deposes and
says, that on July he was at Newcastle. He
went 10 cabin l0i to get some clothes left there
by him and found the cabin locked and one
Martin Wall standing near by and told him what
he wanted, when Wall unlocked the door and
tried TO get him to go into the cabin, but by
Walls threatening action and language he was
afraid TO go IN and started of and, when about
twenty feet away, rock was thrown at him
and as Ii passed he turned aud saw Wall lump
behind the corner of an outbuilding and look
III.
and that he knows of his own knowledge that
the rock was thrown by the said Wall with the
intention OF doing him great bodily harm.
PATRICK KEARNEY, This mark)
Sworn to and subscribed before me this July
H. 1891. s. W. SCOTT, Notary Public
Witness: ]. G. MCMILLAN.
II is upon these statements that the officers
rely to prove Wall guilty OF an assault With
reference to the action OF Rowland and his SUI
Ieror otfi Ger, one of the officers of the militia
said yesterday that he believed that Rowland
was in the beginning guilty OF unmilitary con-
duct IN saying that he recognized Kearney's as
sailant without first obtaining permission from
his superior. at would have been the duty of
the captain or the officer in command TO advise
him" he said. "The commanding officer is in
all cases the eompany's counsel, for the military
has it's side well as all the rest. That it was his
privilege to advise the private to keep his mouth
shut, no one can deny, and il was
within his power to refuse TO allow
him to be catechised out of court by the
deputy sheriffs or other officers. Rowland had
made no sworn statement, aud the proper place
for him to have been examined would have been
before the committing magistrate As said be-
fore, the private did wrong in saying anything
without first consulting his captain and abiding
by his order"
The charge that the members of the post had
annoyed Private Rowland is explained by
another oificer. who says that the soldier in re-
atty mistook mere playful badinsge for some
thing more serious, and that the same state OF
affairs would have existed had the matter in
question never been brought up. Nevertheless
the fact remains that the private did az first
Identity Wall, later decline to substantiate his
unsworn statement, and then yesterday make
affidavit to the facts that he ut FIRST testified to-
force of six deputy sherffs came in with
Sheriff Woolery. The force OF deputies now
numbers nine, and they are supported by a
small detachment OF COMPANY C. which will "a
main here in command of Major Gaus. The
deputies have organized themselves into q po-
lice force, and both the town of Newcastle and
the vicinity of the mines at Coal Creek will be
patrolled night and day.
To-day small detachment OF the home guards
left town, and, going 10 an omen space not far
distant. went through the form of the drill
praetced by them in the days before the militia
was called OUT The striker, Rsdigan. who is
wanted charge Of melting riot ON the
evening OF the arrest of Wall, has left the town
Wall himself Is thought 20 he concealed smonr
friends al Gilman, and Sheriff woolery has been
advised of that suspicion and has gone there In
look for him. Al the mine affairs are unusually
quiet. The same force 10 working, and prepars-
tons for putting ON night shift are being
pushed forward.
The presence of snch a small BODY Of rniIi,;.
does not have the effect on the strikers that the
fun force had, and while there have been no
overt acts II IS evident that extensive prepare.
tons are being made for the sd inst, the day
when the first OF batch of thirty-fve strikers
will be evteted from their homes on the com
pany's property. These homes are scattered all
over the town, the company having decided "a
serve wrts on only those whose presence is dis.
tasteful TO them. The strikers will not say
what action they will take wnen the day Gomez,
bet 4; is generally understood by the officers
thst the task viii not be an easy one