The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-09-20

| ton at length Judge Rochester argued in favor
| of the validity OF Evans authority de facto
| officer II Albertson had been wrongfully ar
rested by this deputy, he had his remedy by
| civil suit He knew Evans as dc facto officer,
| having known him TO serve subprnss, and the
| law holds that even when man has only color
OF authority, his authority must be respected
| A deputys authority could not be questioned
colaterally, but only by person directly inter
| ested.
Judge Burke replied that the question OF
Evans authority was raised directly, denied
that he was deputy and claimed that Albert
son would have been justified in shooting him
down.
The court ruled that the question: "What
have you done in that capacity?" might be an
swered, though he would not rule the ad-
mission of the answer The answer was: Il
have made arrests and worked IN the Office
Evans proceeded:
saw the defendant with Mr.. Alberfson on
the street and asked him TO go along. He was
NOT present when / made the arrest; no one was
actually present, but while / was talking with
Albertson, and he denied my authority, sullivan
and Bailey came up. He denied my authority,
saying the warrant was no good We afSutu
the question, and finally said was going 10
the sherff7s office He said: "Where are you
going to take me-" and | said: ITO Tacoma
| never saw Mckay till We were out on the ROAD.
told Albertson We were perfectly satlsned lot
him 10 take all the friends he wanted One OF
the gentlemen looked at his watch and SAID IL
was too late to catch the train. Then they De-
gan to call damned thugs and kldnapers
Then when we got out quite way, they said,
"Are you going to the Officer? SAID, NO; not
after the way you treated me. Bailey asked II
would stop the hack for him to telegraph or
telephone and said he could telegraph all he
wanted TO- but would not hold the hack Bal
ley had his feet out OF the hack ana said:
"Boys, It'll no use TO cut up ike THIS ana Bailey
said Il wish you would not address me so Ia
miliarIy." Albertson said
"Well; wen go on TO Tacoma and make Tom
II.If. .,s1 fs for
time and am glad it's come to an issue
Sullivan said: ~ cant stay in here; they
abuse me too much" Then he got out and
Mckay got in and sat back. Bailey had his
feet out OF the door and Mckay tried TO shut it,
but did not strike Albertson. Alter that they
kept quiet and were Joyial all the way TO the
station did no: put any restrictions on Bailey.
The train stopped about 100 yards from the depot
at Black River Judge Burke and several
gentlemen and Mr.. Rogers came up: Bailey and
Albertson came up ami Burke shook Albertsons
hand and told him to come around the
other side OF the station. said: II beg
your pardon, this man is my prisoner" Burke
said "Oh, that amounts to nothing We've got
papers for you" gave the prisoner up because
there were too many OF them. There was
good deal OF swearing One man said: ''Well
exclted and did not know very well what he was
saying. said: Gentlemen, if this prisoner is
taken away from me by force ] shall report To-
the sheriff" / was arrested a little way out of
town by Rogers. Rogers told me at the station
had better come back to town. / ASKED him
whether he was peace officer, and he said he
had authority all over the state. Mckay
standing on the platform doing nothing.
Cross-examined by Judge Burke, Evans testi-
fed:
Nothing was said about going to Sheriff Wool
erys office. didn't direct the driver. was
told by sullivan that he was going To the depot.
didn't know the train had left. thought the
train started at 500, and didn't think ii was
that time yet. didn't stop at the Halter build
ing because Bailey and AlDer.sol began abusing
me as soon as they got in. When Bailey pulled
ont his watch and said IL was too late, / said:
"Driye on to the first station" did not stop
at the Seattle station because they were making
q fuss.
The warrant was delivered to me on septem-
berS A clerk wrote the return on the warrant
with typewriter and | signed il. l got the
warrant on Tuesday and came TO Seattle on
Wednesday. | must have made mistake in
testifying at Tacoma that came on Tuesday.
came with sullivan and went to the Grand ho-
tel with him. On the train did not tax with
sullivan about the case We arrived in Seattle
about a. m. on Wednesday and did not serve
the warrant, but went around town.
sis that your way" asked Judge Burke, "to
go around all day with warrant in your
"Well, different officers work differently" was
the sullen reply.
Evans continued: The bank officers told me
Sullivan would show me the man / YVES to ar
rest. Mr. Brown, of the bank, told me that. On
Wednesday evening went around town til
about II O'Clock with some boys / know. | had
talks with Sullivan once or twice at the hotel.
On Thursday did the same on "Wednesday
until or O'clock, when sullivan told me he
would show me the man / was ~ arrest. Sulli-
van was boss Of the job. He took ne up the
hill somewhere, and we went into an under
takers shop. | didn't go there TO watch the
entrance to the Halter builGing; | was not paid
for that, but for being deputy sheriff. | did
not know Albertson was in his office all dav
Wednesday; did not try to find him. knew
Mckay when he was on the police force in Ia
coma. i didn't know there was TO be a hack
there. Albertson asked me To take him to his
office, so that he could communicate with his
~ I,a% a, 4
not fifteen feet away before he began to abuse
me. l didn't call at the sheriffs Office in con-
nectlon with this arrest because did not think
IL was necessary. | didn't think there was any
arrangement 30 get AIbertson ont OF town, SO he
could not get hearing or give bail.
Don you know that a blind baggage car was
into it?
No, sir, don't know don't know what
arrangements sullivan made.
told AlbertsOn that if he resisted arrest
should have to handcuR him. | aid not know
whether Sullivan had revolver. / first saw
Mckay about the time the arrest was made. 1
had not seen him in town before that: / was
not surprised 20 see him but was not expecting
him. asked Mckay 10 go along: had heard he
was one OF Sulliyans men. told Albartson or
Bailey before we got into the hack that | was
going 10 take them TO Tacoma; did not tell them
should take them 10 Sheriff Woolerys office.
/! never served a process OF made an arrest in
King county before.
Did not Brown tell Won to come here and act
under Sulllvans instructions?
lie did Indirectly. not directly
We sat close together on the train from Ta-
coma TO Puyauup, but not afterwards We
went TO the Grand in the same hack; all three
stepped M ana registered together; the tkird
man was kochersperger. don't know whether
he IS detective. | placed my hand on Albert
son arm when l arrested him. | never saw
HIM choked by sullivan; saw no struggle be-
tween him and sullivan except sullivan putting
h'm down IN the seat. The reason why would
not let him telephone TO his friends was that |
was under no obligations to him is he couId
a f-nr
rival AT Black river ne went into the operato-'s
room ana telegraphed. did not try to find his
office, but submitted to SullivHn's directions en-.
tirely. He gave me the warrant
The witness was then ccnfounded bv contra.
dictlons between his present testimony And that
he gave at Tacoma. lie proceeded:
Brown sent me to the Tacoma hotel TO meet
man in some room. l went there and found
sullivan. Charles E. Price was the clerk who
wrote the return on the warrant. didn't have
the warrant III my possession ali the time from
the time | seized A}bertSOu until made the re-
turn. gave il TO WooeTy the night OF the
arrest at the chief or police Office and got il
back next day.
ing Attorney SMELL and Sheriff Price, Mr. Miller
agreed to postpone the hearing of Evans until
= clock in the morning OF September y
King was then recalled and testified:
could not say whether / saw sullivan mil .
revolver out of his pocket. but one time he
turned around on one side and TAXED win
bruuslnG. Alter we passed the brewery did
not See sullivan t9Ee pistol out OF one nnctsr
ami pat Il in the other. Either Bailey ar iffert
Burke or pnuw0rth 10 take the first train Tor
laCams- lie 81 Il "Al right. III co. and
sullivan said: Yes yogd better
The defense here closed its case and the prose-