Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1892-06-15
In THE SUPERIOR COURT
Major Coles Sarcastic Motion
for the Dismissal of the
Long Case
The Motion Granted and the
Fine Marksman Released
from Jail
He takes a Luncheon at the
Fairhaven with Attorney
Newman

David II. Long, who shot and killed
his wife and her paramour on the I'd
day of last December, is now IA free
man. lie was released from the county
Jail about Il o'clock yesterday morn
ing by order Of the court, upon molten
of Prosecuting Attorney Cole. Upon
his release, Long came over to Fair
haven and took luncheon with his at
tomey, 7, G.. Newman, at the Hotel
tairhaven. His appearance does not
indicate that he has Jared badly while
in Jail. He speaks highly Of the treat
meHt Of Sheriff de L0rimier aud Jailer
Blue. He will remain here for a few
days, and will then 90 to his sisters on
Lummi island, where his unfortunate
widowed daughter resides. The re-
lease Of Long leaves the county jail
without II prisoner, for the first time in
three years.
In his IN ItiOn for the dismissal Of the
case the prosecuting attorney indulgcs
In little bitter sarcasm in setting forth
his reasons why it should be granted.
Following Is the motion in full:
la the superior Court of Whatcom
county, State of Washington. The
State Of Washington W. d. II. Long.
Comes now the prosecuting attorney,
Albert >. Cole, and moves this court 10
dismiss this cause for the following rea-
sons:
First-Therc has been no arraign.
ment Of the defendant, and he has not
been placed In jeopardy for the ollense
charged, to-wit: Murder in the hrst
degree, for the killing oi Norman
Humes, and therefore is in no way
acquitted Of the charge
Second-The records Of this court
show that In the trial Of ,3ji the same
defendant was tried for the killing Of
his wife, Susan Long, at the same time.
Upon TIE trial Of this cause the defend
ant, ON the stand, admitted the killing
under oath, and il was shown beyond
"A shadow Of doubt by the evidence
that he had admitted the killing 10
several other competent witnesses.
Shortly after the killing, and before the
trial, the defendant In that case sought
TO justify the killing by attempting 10
show Illicit intercourse between his
wife and Norman Humes, and also 10
show that at the time Of the killing he
was suffering from temporary mental
alteration.
The first defense Is not recognized by
law.
The second defense l. rapidly becom-
ing obsolete, but served It's purpose IN
this cause, for the jury made haste to
acquit the defendant shortly after the
case was submitted TO them.
Third-The evidence in this case
must be substantially the same "a the
evidence submitted In the trial in the
former case and it II fair to presume
that the defense interposed in the
former trial, haying met with such
signal success notwithstanding the law
In the case, will b. interpOsed in this.
With this condition of affairs the
trial Of this case would be "a mere
travesty on justice and useless ex-
pense 70 the people, aud the county Of
Whatcom must stand a. the secure
asylum for the man that takes the law
in his own hands and calmly imbues
his hands with the blood Of his fellow
being without hindrance.
FouFth-I have had presented to me
petition signed by 80 citizens aud
taxpayers Of the county, asking that ]
take this course, that further addi- !
tjOnal expense may be avoided in this
cause. This Of itself would have no
weight with me II ! believed jury
could be obtained that would not be-
swayed by the mock sentimentality
that in this county surrounds nearly
everyone that exhibits sufficient cow
ardice TO shoot down In cold blood an
unarnied and defenseless man and
woman and find him guilty Of even
assault and battery.
] desire that this motion be sustained
and that the motion and petition be
made a matter Of record.
The cases Of VIM. Knight IL Go. VI.
A. j. Pence, and Underwood d Min
turn vs. Emma Jones ct al were con.
tinued for the term.
The following cases were set for
hearing this week:
Wednesday, June 15-Globe Mil
Company vs.. q Street Wharf Com
pany; i. i. Whiting vs.. Il. l.. Collier;
Geo. i. Peabody ys. r. @. Nieklin.
Thursday, June 16-Schwabacker
Bros. vs.. n. O. Van ReypeD 81 al;
Marsa Havig w. Aston Manufacturing
Company.
Friday, June 17--State Of Washing
ton vs.. Tide Land Commission; i. G.
Tingley vs.. Fairhaven Land Company;
Chas. Lind vs.. j. +. Bolster.