Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1892-09-17
M'CLELLAND INDICATED

! acquitted yesterday. The jury gave him
the complete vindicatlon he demanded.
] EDITOR FAIRHAvEN HERALD-Sir
The above is taken from the Seattle
PTess-Times of the 9th inst, and has
reference to one Of the most UNIQUE
cases in the history of jurisprudence.
The facts are as follows:
That genial, accommodating prince
of steamboat officers, Samuel McClel-
land (whO, by the way, is an old and
staunch friend of Fairhaven), was a
partner with III. W. Baker Il Co., of
Seattle, and others in the chartering
and running of Fairhaven's favorite
steamer, the old State of Washington.
one of the partners, man for whom
MeClelland has done much in his time,
had got it into his head that matters
were not altogether as they should be.
Ever on the alert for self-interest, this
man could not understand why there
were no dividends declared; never talk
ing into account the fact that in addi-
ton to the hard times and dull state of
traffic that he himself, as commander of
the boat, by his numerous accidents
which are always expensive, was main
ly to blame for the conspicuous absence
of the dividends he so much coveted.
This was simply another illustration of
the old saying that Z" A continued harp
ing on the cord of imagination will
create fact in the mind of the imagina-
tive.u
This man, by his continued state
ments, so worked upon the firm Of IL.
w. Baker & Co. that they sum-
mari1y discharged their partner Mr..
McClelland. Mac, however, is not
built Of the material that will bear rid
ing over rough shod.
he Immediately secured the best
legal advice in Tacoma, and on the
strength of this advise demanded
through the courts what was justly his.
Baker & Co. realizing that they had
overstepped the mark thought they
would have little difficulty in forcing
Mr.. McClellard from his position and
frightening him 50 that they would
drive him out of the state.
They swOre out charge of grand
larceny against him, and, without any
notification, there appeared in the Post
lntelligencer, of Seattle, an item to the
effect, that owing TO charge of grand
larceny being preferred against him,
Mr.. McClelland had skipped, as the de-
tectivcs could not find him.
There is reason to believe that Baker
~ Co. were the authors of the above
item. Notwithstanding it, the fact
was that McClelland was doing bus-
ness and conversing with the servants
Of Baker Il Co., at the Everett wharf,
twice every day.
Again Mac demonstrated that he was
not of the skipping kind; he returned
to Seattle at once, furnished bonds and
insisted upon standing his trial. Baker
& Co. finding that they were check
mated tried by every means possible to
wear Mac out by postponing the case.
Mac, however, proved that he was long
winded and finally forced them to trial.
The state acknowledged that they had
no case.
Mr.. McClelland's counsel, however,
knowing the justice of their
cause submitted the case TO the
jury on Bakers evidence, without evil
dence or defence on their part, the jury
dlsagreeing, being, as j understand,
nine for acquittal and three for con-
viction. The case was enlarged till
the September session. During the
interval Baker IL Co. tried by every
means possible TO have the case dis
missed, to which McClelland would
not listen. This apparent leniency
on their part was from no spirit of
kindness to McClelland; they feared an
action for damages, and while they
were seeking dismissal, they were, by
statement and innuendo, citing McClel-
land as a criminal deserving punish
ment.
when forced TO trial on the Sth inst.
there was, as usual, no case, still Me-
Clelland demanded jury, determined
If possible to accept no other exonera-
ton than that which court of Justice
could give him. The Judge seeing the
state of affairs, very Justly impanelled
a jury, giving the prosecution until the
afternoon session {some two hours or
more) to prepare their case.
On the re-opening Of the court in the
afternoon Baker, not satisfied with the
able and talented efforts of the public
prosecuting attorney, appeared i'm
court with his own private legal adj
visor with no other result than that
of completely acknowledging that they
had no case. The judge then took the
case from the jury.
Here Is case from which many may
CLEAN profitable lesson. The defend
ant became the aggressor at all points
thus proving that manly integrity,
aided by the able and impartial admin
istration of justice in this young state,
may defy all that is contemplate, cow
ardly and unjust, even though backed
by wealth and influence. AS the genial
McClelland counts among his warmest
friends the population of the cities Of
Bellingham bay, feel confident that
this full and impartial explanation Of a
most contemplate affair on the part Of
the originators Of the prosecution, will
be read with interest. Messrs. Penne-
father and Carson, Of Seattle, were at.
torneys for McClelland. The case was
tried before that able gentleman, Judge
Humes, who is indeed an ornament TO
the bench of the state Of Washington.
LABRYs.
Fine Large Piums
j. S. Walton, of the B. b. Water