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

the bonds which your honor exacted Not only
that, but on the second trial. when the first case
was dismissed, he came here and voluntarily
surrendered himself.
thank your honor for the attention you have
gwen US throughout this Case and feel that
whiie nave out feeoy presented, in view of the
state or facts, the case of my client peYbaDs
should not weary you honor longer feel and
know that my client is absolutely innocent. and
also feel that there is Q very great deal depend.
ing upon the actfon of this court. and while
this is not final, il means the adding of a stain
II your honor should hold him over and your
honor should be wrong. aud, under all this evil
oehce, thihk 'nat should not be put upon him
OPINION OF THE COURT.
When Judge Burke sat down all eyes
were turned toward the bench. The man
sitting there seemed TO be in a ouandarv.
He is making up his mind; weighing the
evidence before deciding" said everyone
Finally the court produced paper from
some source or other and laying il on his
lap, proceeded to read from it his decision.
Not being good reader he had great diff
Guilty in disappearing the manuscript. and
punctuated it in a manner that was at
times amusing. 1t was as follows;
have listened patiently, and have tried to
weigh carefully all the evidence adduced in
this case. have been sitting here az a commit
ting magistrate, holding an investigation
merely, and not as a court of original iurisdc-
ton to try case. have not that power or au-
thority.
am not here for the trial of this case cam
not say that Mr.. Albertson Is guilty. As
have said. sm merely holding an Investigation
TO see whether there is probable cause as il il
termed In law, of the defendants guilt. Probable
cause is defined in various ways. 1t means q
reasonable ground for suspicion supported by
circumstances, an apparent state OF facts found
to exist upon reasonable inquiry.
The defendant here, Mr. Albertson, 10 unfor-
tunate He certainly made grave and serious
mistake when he drew up the contract or re-
lease, which he admits himself to
have drawn. Whether he knew be-
fore these releases were drawn to
the particular purpose for which they were to
be used know not and cannot pass upon. He
Is unfortunate in having drawn any such docu-
ment
The letters written by Edward Albertsou to
the Casualty Company of New York and to R.
B. Albertson might have easily been written
without connecting this defendant in any way
Still u probable cause Is shown in said letters
that Mr.. AIbertson might have had full know
ledge of the intended commission of this crime
Again, this defendant interviewed Chandler
in this defendants Office in Seattle alter this
robbery. Chandler had 81 900 which he wished
Mr.. A. TO return to the bank. The defendant
then knew the bank had been robbed Whether
1t was this defendants duty to have
Chandler arrested will not pass upon, but in
refusing 20 do this there is shown probable
cause of defendants knowledge Of the crime.
In not inQuiring who his friend was is shown
another probable cause that this defendant
might have known who his friend was without
this man, Ross, alias Chandler, who called.
In the destruction of the letter to himself
from Edward A., the defsulter there is probable
cause shown that this letter contained some
thing which might tend to crimnate some one.
Probable cause may be shown i'll several in
stances as il occurs to me, throughout this case.
Alter reviewing this case and the testimony
and the very able way in which counsel have
conducted il, | find there is probable cause in
this case and will hold this defendant, to use
counsels expression, for "a fair trial to the end
in the superior court.
Immediately after the reading of the
decision Mr.. Albertson furnished 5000
bonds, with W. f. Bailey. Captain De-
Wolfe and Herman Chaplin as sureties,
and the courtroom was deserted.