Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1892-03-08
THE TRIAL OF SWILOOS
The Jury Takes a View of the
Scene of the Murder OF
Moses Younkin
Effort of the Defendants Coun-
sci to Get an Error in
the Record
The Search of Swiloos CABIN
The Court Makes an I'm
portant Ruling

portant Ruling
The trial Of the Swiloos murder case
was resumed in the superior court yes
terday morning. The forenoon was
devoted to viewing the vicinity of the
murder and the objects mentioned IN
the testimony. The afternoon was de
voted to the examination Of witnesses
for the state.
Public interest i'm the case is increas-
ing daily, and the court room during
each session of the court is more densely
crowded than the one preceding. The
case is the most sharply contested Of
any ever tried i'm WhatcOm county.
The proceedings yesterday abounded
in interest at every stage. Today's
will probably be the most exciting ses-
sion of the trial. Henry, the young
Indian who claims that he was present
when the crime was committed, and
who made the confession containing
the most convicting evidence against
George, will be placed upon the
stand.
Immediately after the trial was re-
sumed yesterday morning Major Cole
m ade motion for view to give the
Jurors an opportunity to see where the
crime was committed. The defendants
attorney ioined i'm the motion, aud j t
was granted by the court. The jury,
i'm charge Of two baliils, was taken TO
the Whatcom House, the rendezvous
appointed by the court. About lO:3O
o'clock the jury, preceded by Judge
Winn, Court Reporter Won OrmOndI
the defendant and his counsel, marched
M Thirteenth street on tn way to the
scene of the murder. The court marched
out to Keeslingville, on Thirteenth
, street. and then went down the trail
} TO the railroad track near Squalicum
creek trestle. Major Cole and Attor
uey Piles called Che attention OF the
I iuTv to various objects which they de
sired to be noted The procession
marched along the railroad track
toward Lummi over a mile, to the cul
where Jimmie Allen was when h'
went out 10 meet Harry Freer, and saw
Moses EOunkin come staggering
Iaround the curve a half mile below
John Benefits house and orchard
: were carefully noted. Just beyont
Rennettis house there is curve Wher
the railroad, running upon hlgl
\ nIatpau $50 feet or more above the sea
4 turns to the westward. from thls llrs
u curve near Bcnnetts house, the rOa'
extends on a tangent about half o
three-uuarters of "A mile, at pom
where the track curves again in th
cut where Jimmie Allen stood. Nose
Nounkin, on the day he was killed
had staggered past the curve at BeI
nett's house about sixty rods. AT thl
noint the track is laid on an emb mi
mellt about ten feet high. On tn
right side are barrow pits, where cart
. has been taken for filling, filled wit
water. It was on the edge OF one
these that Hounkin was found.
Attorney Piles is working hard
get an error i'm the record Of the cas-
upOn which to get "a new trial in ca
7 of conviction. To tins end he mat
v the most Of an incident that occurrt
during the view. + will be remer
bered that last Saturday Jimmie ALE
testified that he saw two men go up
Moses Younkin as he was sitting
,lo the rail, that he "toOk his eyes of
'i0 and then looked again ana Gounk
and one man was gonei that the oth
then disappeared down the emban
h lment to where Moses Gounkin W
- afterward found, and then both M
came toward him on the track.
" stppped back into a trail beside q
track to wait for them TO pass, but tn
never came along. Harry Frecr,
will also be remembered, testified th
,, he came along later and saw two p
sons down on the beach. The thee
of the state is that George Swiloos o
Henry, after killing Moses Gounk
s OF started on toward Lnmmi on the "a
ing road, following the track about fl
the rods or more to "a point beyond
and bridge. Here they left the track a
any took trail leading down to the bea'
,dg and this is the reason Jimmie Al
didn't see them pass.
When the jury came to this poi
Sh, Major Cole called attention to
- trail.
81 object, If your honor pleas
7 promptly interpOsed Mr.. Piles. 81
L evidence Of this trail has been I'M
duced, and there is nothing to sh
that it is "A trail"
"IIet the jurors go down and see
Is themselves said Major Cole.
court instructed lne jurors ~ 70 hN
from the railroad track and look at
.reet trail. The court the defendant
- the prosecuting officer remained alb
, on the railroad track. Mr. Piles
q lowed the jury down the trail to
W. edge of the bluff, and watched Il
descend to the beach. He then q
bounding back through the brush
deer. As soon as he came Vi
Judge Winn he called for the stel
lber rapher. He then entered an objec
against the court letting the jury g
on a trail out Of sight of the defend
the court not going, the prosecu
officer not going and the deient