The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-09-17
Remarkable Ruling of a Petty
Tacoma Magistrate.
EVIDENCE TOTALLY IGNORED.
Labored Effort to Find a Pretext for
Binding the Accused.
Ihe Decision Surprise Even to the
Prosecution-Mr. Aibertson Greeted
by Many Friends on His Return
virulence of Tacoma Morning PAPERS.

Inc preliminary hearing of X. B. Albert
son, charged with completely in the stu
pendous robbery of the Fidelity Trust
Company's bank at Tacoma, came
TO an end at Tacoma late yes-
terday afternoon, and resulted in
his being bound over by Justice Harry III.
Sharpe to await the action of the grand
jury IN the sum of 5000. Bonds were fur
nished by three officials of Seattle bank
ing institutions, William T.. Bailey,
Captain +. s. De Wolfe and
Herman Chaplin. There were many
others ready to go on the bond, which
could have been just as readily furnished
had it been made 100000. Mr.. Albertson
end those who were with him
during the hearing returned home
on the Multnomah, reaching Seattle at
O'Clock. AS the boat touched the wharf
Mr.. Alhertson stepped off. leaning on the
arm of Mr.. Bailey. They had only landed
when Mr.. Albertson was surrounded by
fully fifty of his friends, professional and
business men, who shook hands with him,
expressing unshaken confidence in his
Integrity. A few ladies were also present
to greet him, and they bore messages from
many others who were kept away by
the rain. Mr.. Albertson, thoroughly worn
out, said: "It is good to be amongst
friends once more," and left for the club
where he was the recipient of many kind
attentions.
How Justice Sharpe arrived at his mex
plicable decision is a mystery the best
solution of which may possibly be found
by reading between the lines of
the remarkable opinion he rendered at
the conclusion of the hearing, and which
by the way, had been prepared and writ
ten for the occasion before the case had
been finally submitted to the court. The
opinion is given exactly as rendered
in its place in the report of proceedings
subjoined. 1t is out of the question to
give any idea of the rambling and hesitat-
ing manner in which the opinion was rem
dered, the court evidently not being IA
miliar enough with his own hand writing
to be able to read it readily.
The case was before the court nearly
three days. When the prosecution rested
its case Tuesday forenoon not scintil'a
of evidence had been adduced to
connect X. b. Alber;son with the crime.
The case made by the prosecution
was evidently based upon the theories of
detectives, but the theories were not sup
ported by evidence, as the testimony so
far as attempting to connect r. b. Albert
son with the commission of the crime,
was all in support of an i'm
aginary state of facts. Had the
defense taken advantage of the situation
at that time the case against Il. B. Albert
son would doubtless have been dis
missed, for, according to Justice
Sharpe's own admission, his de-
cision was based entirely upon
the testimony given by the defendant him.
self. Mr. Albertson related facts that the
prosecution was not cognizant of, and that
would never have been made known had
he not desired and insisted upon telling
the full story of his connection with
Edward Albertson in order that he
might receive vindication at the hands of
all men. The story of r. b. Albertson
and the food of testimony cor
roborating it, gave the prosecution
facts it had never dreamed
of and set their theories completely at
naught 1t was this testimony by
which Justice Sharpe, in his labored
argument, seeks to explain his decision.
Had not r. b. Albertson volunteered the
information that Edward Albertson had
written him a letter confessIng the COM
mission of the crime, the prosecution
would have never known of the
letter for it had been
destroyed by Mr.. Albertson as soon as it
had been received and read by his part
ners, to whom he referred it. The prose-
cution in no way proved that Il. b. Albert
son wrote or dictated the agreement that
was used by Edward Albertson in
forcing compromise with the
bank; indeed the agreements which
the bank signed were written by
Edward Albertson's own hand; but
X. b. Albertson admitted preparing pa
pers of that character over two months
before the robbery, thereby furnishing the
court the only possible evidence by
which it could connect him with
that matter. The last visit of
Chandler, alias Ross, to Mr.. Albertson s
office, was told in detail by tn
defendant, whereas had he kept
silence, the court could not have found
in it pretext for finding probable
cause" 1t was thus with the entire
case. Every point upon which the court
decided there was probable cause to hold
the defendant was furnished by the de-
fendant himself
After the hearing, many who had heard
the case throughout openly denounced the
decision OF tne court ds monSlroUs, anu All
over the town expressions OF surprise were
heard when the result was announced.
The case will probably be heard in the
superior court at an early date and r. B..
| Albertson's acquittal is assured upon the
| evidence as given at the hearing.
THE TESTIMONY ALL IN.
strong Confederation of AIbertson's Ev-