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

-, the following described personal proper
~. TO wit; eight lines blank being. the
same property mentioned in the
foregoing agreement as the property to
be returned to said corporation and
this Is to certify further that have also this
day received from said - the key to the COM
binstion OF the safe OF said corporation mem
toned In the annexed agreement And it is
further acknowledged and certified hereby that
the return OF said property aud the delivery of
said Key 10 in complete satisfaction and dis
charge OF all and every claims and demands OF
whatever nature or description said corporation
may have or may have had against said -
ana -, or either OF them, on any account
whatever. BLANK for signature)
After the agreement had been read At
torney Smell asked him when it was die
tated. The witness said he thought it
was dictated on June 49,
Attorney Smell succeeded in getting
the witness muddled on the dates of Dom
worth's leaving for and returning from the
East. The witness at first thought Dom
worth was in the East when the agreement
WAS dictated, hut afterward on con-
suiting his notes saw that Dom
worth had dictated a letter to
him on June IL and that
Albertson had dictated the agreement to
him on the following day. The witness
did not remember Ross visit. He said he
made typewriter copy of the agree
ment from stenographic notes. making no
charges. Witness when asked if Albert
son had made any remark to him about
the character of the agreement, had said
It was zone of the mysteries of the prac-
tice of law"
Judge Burke then took the witness in
hand and caused him to show, by refer
ence to his book of notes, that Donworth
had dictated letters to him on June Is and
other days Immediately prior TO and after
that date. He said he was mistaken when
he testified that Donworth was East at the
time the agreement was dictated.
A COMPLETE ALIBI PROVEN.
O. C. Starck, steward of the Rainier club,
was called to show that Albertson was
in Seattle and at the club on the
night of Sunday, August %, and
Monday, August a. the prosecution hav-
ing by indirection tried to create the i'm
preston that he was in Tacoma on the
morning of the oath at 20 O'Clock. He
first testified as to the whereabouts of r.
B. Albertson and w. r. Bailey on the
evening of Sunday, August %. They had
been riding and arrived at the club at
about O'Clock Sunday night, and went to
the billiard room at o o'clock with Mr..
Bailey and Mr.. Barker. lie had
breakfast at the club next morning.
Albertson had trout, hashed potatoes,
rolls and coffee for breakfast and
witness had the stub check book signed by
Albertson to corroborate his testimony.
This proved a complete alibi as it would
be out of the question for any one to go to
Latxu ha
named.
Judge Burkge asked If the prosecution
wanted to admit that Mr.. Albertson was
in Seattle Sunday night and Monday
morning. Attorney Smell said he would
admit he was there on Sunday night, but
not on Monday morning. The prosecu-
ton tried to get the witness to say tina.
Albertson had eaten breakfast as late as IL
O'Clock, but failed.
TESTIMONY OF W. Y. BAILEY
William f. Bailey, Albertson's warm
friend and fellow-victim in the kidnapping,
was the next witness. He testified in
substances:
live in Seattle; have done so nearly three
years; am acquainted with defendant; known
him for three years; have been living at Rainier
Club; Mr. Albertson did tho same during
the months Of August and September: saw
Mr.. Albertson Sunday, August 81 he slept in
my room Saturday night, and was with me
most of the time Sunday; in the afternoon we
went horseback riding; got back at $50: took
dinner at club; part of il was trout caught at
Snoqualmie that day. After that the gentlemen
went to the billiard-room, | to my ROOM
Albertson came up to my room at II 30, said good
night and went to his room. Mr.. Albertson's
room Is No. l; my own, No. 3. Abertson slept
In his own room that night. / saw him after III
O'Clock. Saw him next morning before he got
up. My practice is to awake him by going into
his room We usually breakfast together I
think he went down just ahead OF me that
morning. When entered his room he was in
bed. Remember we had trout fos breakfast
They were some Barker had caught.
On cross-examination the witness said
he remembered the fish breakfast and its
date from the fact of its being the day fol-
lowing the return of Messrs. Meseroe and
Barker from fishing trip to Snoqualmie,
and he fixed the date of that trip by the
fact that the gentlemen named went to
Snoqualmie on the day following a certain
social event given on August 81
Frank A. Bell. vice president of the
Rainier Club, testified in substance:
live in Seattle at the Rainier Club: was
there on August % and "a last; am acquainted
with Mr.. Albertsou; saw him at the club on
runway TWO OF three tunes; saw him In the
evening between and o'clock; later saw him
in the pool room; saw him Monday, the 2tth, in
the breakfast room, between $50 and o clock /:
we sat down and ate breakfast together.
What fixes the date?
Same old FISH story; great surprise to have
Barker catch any fish.
Here the defense rested its case, although
Prosecuting Attorney Smell said he had
one witness he would like to recall and if
the court would adjourn until o'clock he
could have him present. Court adjourned
at Ills
Justice Sharpe did not arrive promptly
in the afternoon, and the interested par
ties lounged about the courtroom smok-
ing and talking. The Seattle contingent was
In happy mood, notwithstanding they
had been informed that the court would
doubtless decide against them. They did
not think such thing possible and were
feeling happy that the wearisome trial was
% near its end. The bank officials were
not present in numbers, and Attorney
Smell. when he arrived, was not in a very
happy frame of mine.
The witness 10 be recalled by the prose
cution was John T. kochersperger, the
special agent of the New York Fidelity
Trust & Casualty Company, but that man
had evidently had all the cross-questioning
at the hands of Judge Burke that he de-
sired and did not answer To the call of his
name Justice Sharpe then found that he
would have to go TO his office 10 get a
paper of some kind, and another delay
ensued. Then the prosecution rested and
arguments were begun.