The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-08-07
DEFENSE OF BAIRD.
His Attorneys Fighting for the
Dismissal of the Case.
"ALL A MISTAKE" is ONE PLEA.
The Inspector Thought Holden Was
Trying to Keep Him From Do
Ing His Duty.

The case Of the United States va j. q. Baird.
on trial before United states Commissioner
James kiete-. occupied the whole OF yesterday
sds@rnoon, and viii take all OF today rniess the
eeurt grants the motion for dismissal The
NUMBER OF spectators present was larger even
tnan HAT which gathered at every session Of the
preliminary examination at Sedro ten DAYS ago,
when Baird and Buchanan were up for the nur-
Ger OF George W. Poor. Only two new Witnesses
were examined today for the prosecution. and
the cefsnse did not have any witness on the
stand AZ all Attorney White, for Baird, took up
most Of the afternoon in long argument upon
motion for dismissal OF the case. When the
time came for closing court, John r. Miller, for
TIE prosecution bad just commenced his reply
70 Attorney Whites argument The case wiz
Re resumed al 10 O'Clock this morning.
James Buchanan, the customs inspector, who
was with Baird at the time of the shooting was
al the trial yesterday, bat was put into the wit
Less room IS soon Is the first witness was called
There wiz probably Be- sbouteight witnesses for
the defense.
B. J. McGee, q freight conductor on the Sc
attic. Lake Shore d Eastern railwsy, testified:
was in Wooley on July Is and talked with
baird seversl times that day. Between and
IN the evening net hin near the crossing. He
wanted 70 borrow my gun De said II ! would
iaEs the Cinnamon he would get them. The
next tine saw him was when he was sitting in
the 81 Clair saloo1 asked him Whist was the
shoot him When Holden came il Baird ran up
and said: "Tou - arrest YOU" Then
they hanaeuaed him and Baird said: sYou -
- have notion 10 take shot at you now,
a the same tine holding gun II his hand.
Alter while Buchanan told Baird that Hol-
9 qs hAnceafs were hurting him | heard
OF aim viii take sAo; 81 you n TIE morning.
On eross-exGminstion AeGes testified:
Baird said there would be some Cinnamon on
ry Train and be wonld have them. Baird came
along and says: "Bsrney, wait 10 borrow your
gun / told him ! had none. never carry
one never saw Terry before that day. Terry
caught up with Us Sc Baird and / were going
Down to oedro. Everybody knew there were
Cinnamon there ia the woods L brakeman
tod ne about the CnlnSmsn being ont there
Baird must have known about the Cinnamon
the talk OF the town. He and Buchanan fol-
lowed Terry oct when be took the food out
about noon
Charles P. Ross the last witness called by the
prosecution, testified u follows Oh direct ex-
animation:
Was in Wooley on July % Was in the St
Clair saloon and saw Baird arres; Holden. Baird
rushed up and said he arrested him, calling him
names and Ireating him roughly. Baird said:
'-lf had gun would take shot at you"
After he took Holcen's gun he 6ourished the
guns and said he had 9 notion 70 take shot ST
him anyway.
z T. Holden, recalled By the defendants at
torney, testified as 10 changing his nat on the
night OF the shooting. Holden said that he
had left his straw h&. in the Palace saloon and
had gotten soft felt hat because he wanted to
60 out 10 watch for the Cinnamon. About the
sumss meeting he said:
saw CohleniI the first night was there.
Went into British Columbis about one mile
with Terry. Coblentz had room next 10 mine
and TsrTT's Afterwards Cobentz told me Terry
had told him that be had lot Of stuff Swallowed
there and he wanted Terry 10 put him on, but
Terry told him that be had tsiegraphed 10 me
% A
told me that he didn't want 10 interfere with
my work. though he would like 70 be in it,
The prosecution here rested and Attorney
White made the following motion, which he
placed or file with the court.
Now comes J. c. Baird. by his counsel White
g. MGndAy, and moves the honorable commits
sionef 10 dismiss the proceeding and discharge
tie defendant from arrest and custody, BE-
cause:
Firsi-The complaint herein charges no Of
Tense known to the laws of the United states.
eecond-The complaint herein contains no al
legation sufficient IN law, which shows that the
defendant was iorcib!y OF otherwise interfering
with the said z. T. Holden in the performance
OF his duties IS an inspector of customs, with
OF any duty by said z I. Holden as inspector Of
customs
Third-The complaint contains no statement
OF isc1s constituting any specific ofease against
the laws o. the United states.
Fourth-The evidence in this case, on behalf
Of the government, fails TO show that the de-
paint with the intent to impecs or prevent the
performance OF any duty imposed upon the said
T. I. Holden by Jaw, as inspector Of customs.
FIfth-Ihe evidence IL this case On behalf Of
the government clearly and inGisput&bly shows
the oitense committed against said z. I. Holden
was done by said J. c. Baird while he was sn in
sFeetor OF customs. and that she arrest was
made for the reason tbs: the said ]. C. Baird be-
Eeved and had ample and sufficient reason to
believe that the said z. ]. Holden had in
medistely prior to the said arrest and to the
matters charged IN said complaint resisted the
kMld J. C. Baird in the y,eE ormEnce OF his duties
&c sn inspector OF customs OF the Puge! sound
district, and had bSeu guilty OF the o6ense OF
aiding and aeetiing Chinese persons uniswiully
70 enter and remain IN the nlte6 states and that
the alleged assault made or the said z. T.
Holden by said Baird consisted IN the arrest OF
the said Holden by said Baird 10. the oHsDss Of
resisting sad shooting ct the said J. {. Baird
while lie Was II tue discharge OF his duties, and
IN the said z. 7. Holden elAndesiinely introduc-
ing said Chinese parsons into the United States
sixth-AIli the evidence utterly falls 10 show
that tie SAID J. c. Baird intended 70 impede %
prevent ths performances Of any duly By said T.
7. Holden as inspector o. customs when he.
the said J. {. Baird, committed tie matters set
forth II said complaint
The argument of M White was several hours
Il lsngih. de said that he wanted 10 call at
teailon 20 the fact thai Baird was not on trial
for the killing Of George Poor. The question
wk& did be arrest Holden with the intent 10 keep
Holden from co.Ag bis duty. All this business
from beginning 10 end was done through & mis-
take, perhaps because holcen, maybe unintsn-
tionslly, put his irisna in an unfortunate posi-
ton. BAIRD did no; knew the man Re killed
he saw Mr. Holden get OF OF the train and talk
with a s1auEgleE " hEt else couie he suppose
tnsn tia; Holden vas . smuEEler?
While the attorney was arguing for dismissal
and presenting numerous citations. the wiz
uesses IN the witness rooTn became impatient
and asked - be Iet cat Commissioner Keller
allowed them 10 90. vita Instructions 20 re-
.r~axr before the court az 10 O'Clock thks morn
ing.