The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-09-20


and that he broke his promise TO his prisoner.
He attempted 10 dispose OF the damaging fact
that Albertson and Bailey we're hurried away IN
closed carriage By saying that IL was intended
10 take the SIS train for Tacoma, and that II
was Just missed through the delay caused by
Albertson's resistance. This theory was dis
posed by the testimony of the prosecution, COM
bined with that OF Charles King, the hackman,
who appeared for the defense, TO the effect that,
judging from the time when the arrest was
made, il was impossible to have caught that
train Messrs DOnworth and Bailey both con-
tradicted Evans fatty rs TO the time of
the arrest Evans was also put to confusion
by being asked TO explain the contradictions
between his testimony in this case and that
given in the hearing OF AIbertson at Tacoma.
BY the time Judge Burke was through with him
he was a pitiful spectacle, his eyes wandering
around IN time TO the restless shifting OF his
body, his claims 10 have actsd with authority
rejected bv the court, and his tongue forced TO
give itself the lie.
King, the hackman, was model witness, cool,
collected and straightforward. but his posi-
ton on the box preoluded his seeing what was
going inside the hack. However, he Jailed
to help the defense much, and in some particu-
lars confirmed the story of the prosecution.
The cases OF Sullivan and Evans had been dis
posed OF by postponement earlier in the day,
and the counsel proceeded 20 address the jury.
Only the prosecution, represented by Judge
Burke, had its say. before adjournment The
judge devoted his attention principally TO the
alleged warrant, and argued with great force
against its validity. The defense will present
its arguments tomorrow evening
Judge Burke announced on the reassembling
OF court that the state rested its cGse. Judge
Rochester said this course was unexpected and
found him unprepared, as Mr. Ronald, who had
not yet appeared, was TO open the case for the
defense. After q short wait Mr.. Ronald arrived
az aH hfa do q ,haC 10 cdvs tod
taat Mckay an employe of Sullivan. Evans
was deputy sheriff OF Pierce county: sent
here TO serve q warrant with Instructions to
serve il when the BANKS detective had his case
worked up completely, and served it within
half an hour after he was informed that the
banks case was complete. Mr.. Ronald denied
that Evans claimed TO be q deputy Of King
county. He would show that Albertson refus.d
TO go and Bailey stepped in between. Then
Evans called for assistance and man named
kraus, not Mckay, offered il. Something was
said about going 10 the Halter block and they did
not do it, il they promised to go they broke Their
word. But they ere not bound To take prisoners
TO any place they desire. If there had been
no wrangling they would have caught the
train, but they missed it, and then drove
on TO the next station. They would show that
Al bertson attempted 10 get out OF the hack and
they used just enough force to force him back.
Mckay did not know that NJ. C. Sullivan and
was instructed to watch Albertson's Office and
see who went there. That is how he came to be
near. but he was as much surprised Albert
son at the latters arrest. Alter Albertson got
IN the carriage, the deputy sheriff told Mckay to
get on the box. kraus got inside. but Albert
son asked to have his friend go. and they said
Certainly, let Mr. Bailey go all the way, if he
wants. When Mckay got into the hack this
struggle and choking was all over. As to his
slamming the door, the teamster told them to
shut the door, and Mckay told Bailey to either
get in or get out, and then got down and shut
the door. The sheriff and his deputy had a per-
feet right 10 serve warrant in King county.
Charles King, driver OF the hack, was the first
witness for the defense, He testified:
Ny directions on starting from the Chamber of
Commerce were TO go 10 the Northern Pacific
depot, but saw the train going were at
down South Fourth and my instructions were to
make the first platform at the head of the bay
which was opposite Mrs. Snyder's. On the
bridge We were going about five miles an hour;
] have one of the slowest teams in the city,
When We got to the end OF the road, near Black
River, 1t was ten minutes 10 s. The horses did
not give out, but went TO work the next morn
Ing We came TO steep hal and / told the
passengers they must walk up it. After we
passed the bridge beyond the pottery | told
sullivan dld not know the road and he got Off
and went to a ranch and asked the way About
one snd one-half miles further he got down
again and asked the way
small packing house the door was thrown
open and / asked some one to close that door as
there was danger of it being torl Off. / asked
Mckay to get down and close it. | saw some
gentemans feet out OF the door, but don't know
whose they were. Some words passed, but l
don't know who was talking for could not see
them.
Cross-examined by Judge Burke, the witness
testified:
Sullivan engaged the hack on Cherry, between
Second and Front streets at $40 and told me TO
drive him up Cherry in front OF the Seattle
block. Then he got out and told me TO come
back at in front OF Bonny & Stewards. ] next
saw sullivan st sos. when he came out of Bon
ney & stewards. When he engaged me he said:
al want you by the hour ana can depend on
your being ut that corner" When he came out
of Bonney Il Stewards he said: al am TO meet
some parties here and you wait" He told me
mt so to drive mp Third, near Madison, and |
aid so and he jumped ont. This was within
twenty-five or thirty feet of Mad son. Sullivan
stood i'll the doorway of a secondhand store
and | saw two parties stop and speak as they
passed, but have never seen them since. He
then shouted 10 me TO turn the team around and
come down nearly opposite the Chamber OF
Commerce. There l saw Bailey and Albertson
and | think two other men, Sullivan and man
who called himself n deputy. Another man
walked away from them. | heard Bailey make
some request about driving to the Halter block
Tho train is scheduled 70 leave at 5:25 but IL ia
usually $50 when II starts. Before sullivan got
IN the carriage he told me 70 drive 10 the North
err Pacific depot. ! told him he could not
catch tina. train, and then ne told me 10 go IN
the Nrst PLATFORM AT the head OF the bag. We
stopped near the bottling works on account Of
one geEtleman's hat falling of, and then Sulli-
van changed his instructions and wanted me To
go u Black River Junction. did not want TO
GO there, because nv time was in Then he
wanted me to 60 TO the Union stock wards I
told him II was new road and did not want
TO 20 there, but he said; "These people are eli
satlste now. and | engaged YOU by the houri'
When we started from the Chamber Of Com
merce sullivan and Eya..S were IN the hack and
Mickey got on the tox. When we got To the
botlrg works sullivan got ont and told Mckay
10 get Gown ana get inside. Bal lev said. as We
got out II so m the hill, "Is this a seattle
teamH' sad ''YeS." He said 'spo Won know
you re laying yourself liable?" Idon't remember
Albe7tSon speakIng me. sullivan said: ,.Y|u
drive To BlH"k River and we Wiz take tho So
train. We passed little telegraph station
after leaving the race track. The first time 7
saw sullivan was one morning when he came
from some Of the. mines. and he and an0tb.-
man came and hired my carriage and another ut
the depot
He several times told me t. drive fss, on The
Grant street bridge. ! heard some one CIV ont
for help near the bottling works | think II
was AiberIson- He was calling 10 some one IN
follow.
All O'Clock Mr.. Miller asked what had he
come OF suiiiyans case. The justice replied
that sullivan had appeared, waived examlua-
ton ana given bonds for trial. In EXPLANATION
OF SUthyaUs non-Rppearance on Friday. Mr.
Ronald said heand Mr.. Miller had agreed that
su.l!vans case WIS not 10 be called till the
case OF Mckay and Evans had been heard.
"Of course said MI Ronald, "he's only Sul-
Ivan, ne got no rights. This Is only an AT.
tenlt |" further prejudice him in tue public
mlHJ
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