The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-09-16

time from The funds OF the coInpaAy 80
/ which thsn aggregated about si5goo he toid
me that in order 10 protect himself he had al
that time taken from the possession OF the com.
vaiabe seenrties think Be told me these
securities would aggregate probably about
$1,000. He said that me presi,,
mis- friend ri nine implicitly; had al
lowed him full control; had not overssen any
OF his work, and that for that reason ,ne presxi-
| matter adjusted That having taken these Sc
| curites away, having changed she com biuation
OF the safe tina. i was If he 2,
| hush the thing M That unless the matter was
| settled in some way, unless proteeuon OF some
| could not DO business.
And would be ruinedF
| And would be ruined, ana ne had with him
| an informally drawn paper.
! In ink or pencil9
| looked it over and then he designated to me
| in general way that he wanted TO be ad-
| yiSed up0u the legal status OF that mat
! ter. He wapted to know ii under these cir
cumstances contract drawn bstween
| defaultiug empioye an the corpany that be
| had robbed, guaranteeing immunity 10 the rob-
! Der would hold in law, II il would prevent him
| from being criminalIy prosecuted. Well, now
| Have you ever, in your practice or in connec-
! tion with your firm. taken the defense OF per-
/ sons accused of crime at all? is that your line
/ OF practice or il il the civil practice?
/ The last criminal case that | had was, I
/ think, over two years sso-Iny man was
promptly sent to the penitentiary. He is tnere
/ now. ! have not, do not think appeared in
| any criminal Case in the last two years
! think the books OF tse Office will show il. We
/ do not take criminal business; we are not
| known rs lawyers in that practice.
j Did you consult your partners upon that?
| did Sir Before leave that part of the story
| viii say that this young man said that his
| friend had been a very dear friend of mine in
times past. Whether ~ told me in terms that
this party or this man was Seattle man ana
IL nm. z a
swear. but he left tie iGea upon my mind,
whether he said so directly or not, that ali the
parties were there in Seattle, and he said-for
lad no doubt OF this man being q friend
OF mine, / thought nobody else would
send up TO me under these eircdmstanees-that
he could satisfy me upon The p,in+ by referring
70 events in my life. ] SAID to him: ''If one OF
the boys, one of my friends around town'-I
think that was about the language used-had
involved himself in difficulty of that sort,
tnat did not wish TO know VINO he was, Ana
did not press the question did not ask h4rE to
state any OF these circumstances.
THE AGREEMENT DRAWN UP.
Did he state any of them?
He did not. | think told him that an agree
ment OF that kind, by which company con-
tracted not to prosecute erisninally, might pre-
vent prosecution on account OF tbs difficult
position IN wnlcn 1t would DC placed, COM
pany having signed such paper, but, as a mat
ter OF law. II was no, my opinion that the state
which Is the prosecuting party, could be barred
by any contract between private individuals:
that the state could prosecute and bring up
whatever evidence II could find to sustai
the prosecution. think L told him
tnat-i did tell him / did not
think any company that would sign an agree
ment OF that sind would prosecute out OF regard
for rs own standing and interest. l think that
10 about what told him. While he wax there I
went into Mr.. Prestons office, adioi uing mine,
and said, George, here lie a very peculiar case
| come into the office. and dOn't know what 10
statements that ] have made TO the court in
about these words "Well," he said, al
do not think would have any
| said did not like the looks OF it and
| did not like to have any connection with
matter OF that kind myself, bat 1 know that
| hnally consulted the impulse of my heart which
| was to help out what ] suppoeed II be an old
| friend in a manner that would not prejudice
| any more the interest OF the company that had
| employed him. l know in obeyins the impulse
i OF my heart rather than my judgment, perhaps
! il was a mistake FIR me to have any connection
with it. but that is a thing OF tie past:
Did you mention this to Donworth?
did.
| AT what time?
| While this man Ross was in the office or d.
rectly after he went out, | don't know. / did
not draw up the paper at that interview. He
said he would come back the next morning for
| the paper.
| You say you had an interview with Donworth?
Yes. sir. After Ross left the Office l did talk
| over this same case with Mr.. Donworth, and
! stated to him as had TO Preston and as have
1 To this court. My recollection is that Mr. Dom
| worth concurred with me that it legiti-
| mate thing Tor an attorney 10 do to advise,
| where two parties were agreeable to an arrange
ment OF that sort, to advise as TO the effects of
| the arrangement
The statement made to you was that the insti-
| tuition would be ruined unless some arrange
| meut was maleg
All the way through, and I have racked nv
brain since that occurred up to the disappear
ance of Edward Albertson TO conjecture what
| friend OF mine in the town of Seattle could have
been implicated in such scandal, and have
talked it over with my partners in the Office i'm a
| wanted " m in ha
world that man could be.
TERMS OF THE CONTRACT
What date was that? DO you know7
can hardly fix il by reason of my steno-
graphers notes alter this man Ross went out,
and whether 1t was ON that day or on the morn
ing following Just before he came in again, /
cannot say positively, but in any event after he
went out ana before his return, which was ithe
next morning, called my stenographer into
the ounce e, and dictated to him a blank agree
In general effect il was an instrument
OF this character. | think it
began with the usual pbraseology
"Know all men by these presents, that where
as - has taken away from - and
changed the combination of - and whereas.
in consideration OF the return of prom
erty and OF the combination of the safe to -
company, is willing to release - and -
tthere were two of theml He said that there
! was another friend OF this man, that by endeay-
| oring 10 help him had probably compromised
himself; he did not tell me that he was an ac-
complete; that he had received any OF the
| spoils, but he wanted this agreement to protect
! these two people.
And he professed to represent these two peo-
| ple2
He professcd to represent this friend of mine
and he wanted the paper to cover both OF them
The instrument. alter ree.ting this eonsiiera-
| ton and agreement to release upon recent of
| THIS "-----------i don't know whether | used
| the word securities or not, but this -
| property and upon the return of the combina-
| ton OF the safe agreed upon this receipt TO re-
lease him, and appended to that there was a
receipt shieh was referred 10, think, in the
s eolS 81 Io tae 4gseemsnt by which it was
| property had been returned and the
| combination OF the safe was restored. and that
! ms return Was complete satisfaction of all
claims mat the company had against these two
| men. That was shout the purport Of that in
| strument, and appended % that | Dictated a
notarlal acknowledgements state OF WASHINGTON
! County of King. New that I have recalled tha
circumstance, II was SO firmly fxei in my
m nd that these were Seattle people that mi
that venue IN healiug the asknow ledgYaent
state OF Washington, County OF King"
Aud in closing up the Il Acknowledgement where
| ala You describe the residence of the nataryt
| Seattle.
Residing in Scatter" asked Mr.. Smell
That Is my recollection. always, in max
/ ing
that the stenoEraPhers notes are the best evil
dence, and We are entitled 10 have him reclte
what th8t contract WAS.
Judge Bgrke-We will have the stenographer's
notes produced.
Was that printed?
| The stenograrher Transcribed that on the
! typewriter And the next morning when
Chandler came in-he afterwards urncd out 10
ne ChHadier DJ his own sJ4tement-thls man
Ross ~ Acd Ii haa these papers drawn | SAID
Yes, they are here on ms table" He took the
| copies and went out
DID YOU show them 70 any one of your part.