The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-08-14
Round Over to the United
States Grand Jury.
TAKEN TO M'NEIL's ISLAND.
r.-missioner Kiefer Finds sumcient
r~.dence 20 Hold Him-superior
Court xsws-The Blottsr.

S.-wb.I psge,ow started at once for McNelis
1870 r;th Baird. he will lie there until the
recernber term unless released ON pan OF on 4
-. 20 hshess eorpus that his attorney will
spRy .oa = o Of the attorneys in the case
- ,sss,ly N day yesterday. l. c. Gilman,
ssa ., - .s~srutou, opened in the morning with
49,, srsrnent reviewing the testimony. He
sa.s,dsre6 ssst Holden, when arrested, was in
80 ,,o,er discharge OF his duty as customs
ofscsy md that he was clearly acting Tor the
so~sd a fhe service and with the sanction OF his
ss'ses.sex oe5eers. There had been no attempt at
ecrcssipent with him and his actions before
~ shooffue had been open and honest. Bairds
$500 a. Holden was made in a spirit of vim
ds.s5v, spite and I'm such brutal manner that
4 ,mp,,rted 10 vicious assault. Baird's story
"a the shooting was physical impossibility 1t
vas iupos sible that be could have been as close
10 Terry as be claimed and not been killed or not
hare killed Terry. Baird and buchanan, he
cid must have fred first and without saying
word. Mr.. Gilman hoped that the time would
rome when such men as Baird and Coblentz
would be taught by the courts to appreciate hu-
man life above the mere taking, and that they
would learn the fact that Federal commission
and revolver did not giTe them unlimited
power over human life. Baird's action all the
way through had been such ss TO show con-
elBsvely that he was jealous of Holden and
wanted to persecute and Willy him whenever he
could.
ATTORNEY White for Baird, considered that
Baird had enough reason for thinking Holden
. smuggler and watching him. All the evi
deuce he said. had been such as TO prove con-
elusireiy that Holden was a smuggler aud that
Baird was right In suspecting him. The fact
that Holden and Terry were together at sumas;
that they were seen carrying box over the line;
that Terry sent his message TO Holden In care of
~ a. n.
ard the knowledge Of Alexander's aud Coblentzs
suspicious ell went up TO convince Baird of
Hcldens guilt Mr.. White coatended that
Holden vas at the shooting and that be fed
when the zhooting commenced. Baird had rec
ogniied his high straw bat and so when he met
Holden In TIE saloon afterwards he had
promptly arrested him. The attorney wanted
the defendant discharged as nothing in the evil
dence showd that he had in any way interfered
with Holden in the discharge of his duties,
while be had. on the other hand. been acting
under orders and In the line of his duty.
Attorney Alien followed Mr. White in an ar
Tument nearly three hours long, the greater
part OF the time being devoted 10 an explanation
q the sumas incident. He held that no deadly
veafon was used on Holden and that Holden
va not IN the discharge of his duties when ar
ssied as alleged in the complaint Baird had
nintent, he said, to commit q bodily injury
s'h thVt1Sh ftOlueu was TOT pefluTmtnk any
encial duty when he was arrested and he did
cot protest against the arrest AT the conciu-
noa ne said that IL would be q burning shame
Hthe commissioner held the defendant on such
timsy evidence as had been submitted.
Attorney John +. Miller, in his closing argu-
nent for the government and Holden, the
pfusecuting witness, said that Baird and Attor-
neys White and Alien had all given their YER
tons oil the affair, but there was just one truth
and il was that that they wanted TO get at
Baird and Coblentx and Alexander had en-
tered into q conspiracy 20 trap Holden, and
Baird and Buchanan hal laid a plot to kill Hol-
den in cold blood. Baird should have gone into
court and informed against Holden If he thought
he was a smuggler, instead OF lying in ambush
% shoot him as he passed. Baird had made up
sveb Of lies 10 a fellow officer, and when be
Aad completed the plot he had gone back and
Nd Buchanan that he had it 'all fixed" What
kmeant was that the plan to murder Holden
us all fixed He could not catch Holden in an
knest way, for Holden was an honest man. Mr..
MT drew a comparison between the actions
4 folden and Poor and those of Baird and
H1th,nan. The first had gone about their work
41y and honesty; the latter had gone in
nret and in disguise, looking like tramps aft
Blden was with the Cinnamon, as Baird said
was, at the time OF the shooting, then Baird
knew that Holden had right to them as pris-
o1efc auu tuat ne tDalrll 1hQ no rlgut 10 stop
or intcreee with him. But ne disguised as
tramp so that he could shoot down Holden
from ambush. 1t wss Baird's goatec and not
Poor's that was found. After all of Baird's
lies, Mr.. Miller said he could far easier believe
Terry than Baird.
But" said Mr.. Miller, .if we could have
George W. Poor's testimony here. I would be-
lieye that over the words of all the Bairds and
Coblentzs you could stack up on Puget sound.
ka Rruffv tsr
silent grave of George W. Poor and stand with
his spirit than have the friendship of all rueh
men as these"
Mr. Wiley L. Jones, assistant prosecuting at
torney OF skagit county, was asked BY Mr. Miller
to make few remarks for the prosecution. Mr..
White objected. however, and the court de-
ciined to hear Mr.. Jones over the objection of
the defendants attorney
Commissioners Kiefer rendered his decision as
soon as the arguments were closed. His points
we're gone over quickly, and the findings were
GEAR aud unmistasable In their utterances He
reviewed the charges made in the COMPLAINT
frt The government had proved that the c m
planning witness, Holden, was a customs officer
eshe time Of the arrest: that he was assaulted
I'd that deadly weapon was used by Baird.
n examination had been very long, but
Had been necessarily so as to get at the bot
Eaef the facts. The testimony as to the arrest
HeFsd but the evidence had all been one-sitied
NO the manner of the shooting. Ii was a sig
hteant fact that Baird had said there was going
trouble, ana that he had desperate 100 on
ne hands II was also very significant that he
asd disguised himself for the shooting. Then
ne bad said he had recognized Holden with tie
shnamen, which would throw the defendant
u me light of one who was interfering with an
eaesr. The fact that Baird had his revolver
W. and ready aprO~3fnV n hfs tat
"a evidence that he was ready TO shoot imme-
uaae'y, even II be did not commence the shoot
NIX Under all the circumstances the de-
saasni had used the vilest language. The
missioner thought there was enough evil
ssaes % warrant putting Baird on trial before
nr.eaii United States district court, and SET his
ssA ecnd al 81, 500
., A,asa White at once gave notice that he
0e" spplyat once for ~ writ OF haheus corpus
saa ae rsstietei that Judge Hanfard would i'm.
$50 aiseearge his man. This declaration
s-s.. Aeu . murmur of applause among the
4aa6 crowd present, whose sympathies
se essdensly with Baird.
aue s'gument for a writ OF habeas corpus will
rssaoy De heard before Judge Hanford in two
.lee Jays All OF the shorthand notes taken
sssnogfapher Bowman will have to be tran
- saa put in shape for the judges per
assistant Prosecuting Attorney Jone. ~
- ss county, will probably take up the prose.
s.soa, as M Miller says he has already taken
noFe time from his other work than he
$50 .s'a spare Mr.. Jones viii go to Anscortes Ar
- oat VII return when he is wanted. He
-. -. pfooaosy commence proceedings in Skagit
10y against Baird. charging him with a
oheer "A'u al
eai'ds stoieism that he has preserved so won.
sssially All through the examination AZ sedro
ne .riai here was slightly rufied when the
.s'Am. ssioner's decision was announces. and