Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1892-03-08


The court promptly ordered the bail
ifs to take the jury over the same
ground again, accompanied by the
court, the defendant and counsel. Mr..
Piles declined to 90 with the jury on
the second view, and had the record
fixed to show that the error could not
be corrected, the evidence having al
ready gone before the jury and could
not be eliminated.
The Jury returned TO the city about
1890 and was instructed to be in the
court room at O'Clock. Long before
that hour the hall on the second floor
of the court house was filed with AN
eager crowd, pressing against the
locked door Of the court room. Ten
minutes before 3 O'Clock the balliif un-
locked the doors from the inside and
the crowd rushed in like torrent. In
one minute every seat in the court |
room was filled.
The principal feature Of the after
noon session was the able but unsuc- |
cessful effort of the defense to throw |
out the evidence touching a vital cir
cumstance in the case Of the state. The |
objection was raised during the cX-
animation Of Hilaire Crockett, an IN
/ dian, when the state cudeavOred to !
]
watch found in the search of
| Georges house. The defense objected
| to the admission of the testimony on
/ the ground that the search
had been made without a warrant
| The evidence was admitted on the
statement Of j. A. Kerr, for the prose
cution, that it would be shown that
the search was made at the request of
the defendant.
w. n. Sisson, Of Ferndale, was the
first witness called. He testified III
substance as follows: / was i'm What
com on the day the murder was com
mitted. / started home about or 4:3O
O'Clock i'm the afternoon on the railroad.
met a boy about l3 years of age, with
"A dirty face, on the other side Of John
!, Benefits house. Just around the
corner beyond Benefits met Mr.. Bunt
He turned back and we went together
to Mr.. Freers. | saw man lying be-
side the track and heard him groan.
b We got Harry Freer and, with Ian
tern went to Mr.. Benefits. They
rigged up a litter and went to the
wounded man and carried him to Ben
nett's. He was placed on lounge, and
went back to Freer's and stayed over
/ night. The next morning | went
down to Benefits with Freer. We
stopped on the way at the place where
, Younkin was found and examined the
! ground. / found "A ring lying beside
, the track, on the embankment, on the
side on which Moses lounkin was
/ ! found.
o TMaior Cole produced ring, which
I the witness identified as the one he
, had found.
/ A hat was found under the bridge a
1 short distance beyond. ! made q
: search and found tracks leading from
a. the railroad, at the end Of the bridge
- down toward the beach. The track
n was about IL inches long, 81 broad
l. | found "a trail leading down to the
Il beach at this point
eI Major Cole then prodnced ha
v which the witness Identified as the on'
U found under the bridge.
Il, Swenson, the New WhatcOH
d iewelcr, was called for the purpose o
d identifying the watch found i'm GeOrg
~ SwiloOs house after the commission o
n the crime, as the one belonging 4
, Moses Nounkin. The witness testified
Il that he had repaired Moses Gounkin'
III watch i'm MAY, 1890. Major Cole thel
,r handed a watch to the witness an
If asked him if he had ever seen it before
,e Mr.. Piles objected, on the ground tina
es il was out Of order and i'm material a
4 that time, no evidence having been II
~ troduced to show that the watch ha
il ever belonged to Moses HOunkin.
k The court sustained the objection
ne and Mr.. SwensOn was excused.
I'm John Iettler was then recalled. II
I'm testified that he saw watch chain an
of charm i'm the possession of Mos
Younkin about 10 "A. m. on the day !
to was killed. He also saw the chai
sr when he saw him on the car i'm Il
,se afternoon when he started home. III
ne watch and cane were then passed
ed the witness and identified.
mn. | saw, said the witness, that cal
ON sticking through a bundle in the bru'
to behind log on the morning after q
ON murder, near the place where Iounk
G7, was found. j examined the grOul
i'm and saw tracks where a man hi
,er iumped across the ditch. ! follow
* the tracks down to the beach rom |
vas railroad lust beyond the bridge.
zen The defendants attorney GRO
He examined the witnesses with SarcaS
he questions pitched in a high keye, c
,ev culated to discredit the new testlmOl
Il because the witness said nothing abt
hal il when on the stand saturday. ]
,er- witness declared that he yet knew M
ov than he had told.
nd Hiaire Crockett, the judge
lin the Lummi tribe. who was with ID
all. uty Sheriff EstabrOOk, Big John a
Ifty Chief Henry when Georges house
a searched after the murder ana
md watch found, was the last win
,ch called, ana was on liie t.GdI staiI1' ,,,,t
had known George Swiloos o
int, twenty years.
thi5 Major Cole passed the watch to !
and asked if he had ever seen it bef
se. ~ Yes, he replied. saw. it frld
40 Chief Henry, Barney Estabrook,
fro Big John and ! went to George :
now lo0s' house after his arrest. We "
after the watch.