The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-06-09
KOSTRAUCH IN LUCK.
Radlofs Accomplish Freed
From Charge Of Arson.
CASE DISMISSED ON LAW POINT.
rS,sf Jackson Shows . Bad Memory
H.bess Corpus Writ for Accused
Jar Thief-The Blotter.

Ludwig Kostrauch, rendered notorious
:. one of the conspirators in the Radon
.s.e escaped from conviction Of the crime
~ arson In the superior court yesterday.
hv reason of a defect in the wording of
me statute in the penal code under which
the prisoner was tried. Judge Humes de.
e;ded that there was no provision in the
code for the punishment of a man who
harmed down his own house SO long as in
40 doing he did no wrong to the property
ar rights of others, and that, as RadioK
eonId not be convicted of the crime of ar.
.oa il was not possible to convict an &C.
eomplce of a crime for which the princi-
nal could not be found guilty.
Very few persons were in court during
the progress of the trial. A number of
minor witnesses were put on the stand
and testified to the story with which the
readers of the PosT-INTKLLIsENcER have
been made perfectly familiar. The most
;mnortaat witness for the state was Chief
~ Police Andrew Jackson. His testimony
"a, remarkable for two things, bad
memory and manifest desire for the con-
viction of the defendant He told the
story of the ride to the grave with Kos
ranch. and on the direct exam.
nation was almost sure that the
urisoner had stated that he had
assisted in burning down the Radloff
house. He modified this when the de.
Jendant's counsel probed him deeply. The
chief could not remember all that took
MACE previous to the confession which
was extorted from Kostrauch, but cross.
examination refreshed his memory to such
an extent that before the defendants
counsel was through with him he admit.
ted that he had promised to help the pris-
oner get out of the country and do all that
could be done for him ''in case Radlof was
esught" His religion was kindness
costs nothing and it often pays big"
The prisoner preserved a cool but in
terested domeanor through the trial. He
gave special attention to the testimony Of
when ii did not suit him. The defendants
counsel would not allow the introduction
Of testimony concerning the other parts
Of the conspiracy, so the state found itself
hampered and the story of the case could
only be partially told to the jury.
When all the prosecuting evidence was
IN and the state rested its case, George T.
Little, who had been assigned by Judge
Humes to defend the prisoner, moved for
mon suit. He submitted to the court
that the information charged that Kost-
rauch had burned down q house, the
property of William Radloff; that Radloff
wascharged with being party to the same
crime; and that the section under which
the information had been laid could not
be construed to mean that the statutory
crime of arson could be shown where
man had burned down his own house. If
Rsdloff could not be convicted of arson,
neither could his assistant in the deed.
The court said he would hear from the
state, and Assistant Prosecuting Attorney
Mcbride argued the point, but the court
took the view presented by the defendants
counsel and dismissed the charge.
Kostrauch took his victory with great
Joy and pressed the hand Of his lawyer
very warmly, at the same time muttering
his thanks. Today he will be tried tor
rave robbery