The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-16

ter only took back the statement about
Mrs. Yesler because it revealed the iden-
tity of one Of the conspirators. To George
Donworth he gave the credit of saving the
city from becoming involved in the mat
ter, but exonerated the mayor. Van Bu-
rem betrayed his knowledge of these
negotiations with the city. he said, by his
mention of Jordan and Rochester in his
Interview with keileher, and at the same
time Rochester was asking contingent
fee OF % per cent. as he had TO pay for the
testimony Of an important witness. Jor-
dan was absent from the secret meeting
simply because he was represented by
counsel.
Mr.. Fairfield argued that. when such
circumstances were placed side by side, no
other conclusion could De reached than
that the crime had been committed. He
then passed in rapid review the main
points OF the case. as brought ont In evi-
dence-the existence of will, Mrs es-
ier's knowledge of it and her denial OF
such knowledge, j ordan' 3 absence from the
council meeting, Van Buren's importuni-
ties and negotiations with keiieher. and
Rochester's negotiations with the city.
Blending and combining all these circum-
stances the court was justified in believing
there was probable cause and in sending
her before Jury While Mrs. Yesler had
demanded hearing. the other two con-
spirators were so we'll satisfied that they
would be bound over that they had waived
hearing. One person charged with
conspiracy could not be discharged and
the other two held.
Mr.. Fairfield then made a powerful
peroration, urging that, if the defendant
was held. those who had the will in their
possession might produce it and If she was
innocent, the guilt would be fastened on
the real offenders. He agreed with Mr..
White that the evidence showed that Van
Buren, had the will. He reminded the
court of the charitable requests and as
serted that Mr.. Yesler's memory was being
wronged as much as the state.
Col Carr followed, also for the state, and
preiaced his speech with compliment to
the ability displayed by his brother on the
same side He accused Mr.. White of
changing his plan OF defense by trusting
TO legal technlcaiItieS alter he had said he
wanted the whole truth and desired all
persons interested put on the stand, with
the prediction that his client would walk
out of court stainless. MIR. White here
interrupted with the statement that his
change of plan was caused by the states
not calling certain witnesses it undertook
to call Mr. Carr retorted that the state
mad not consulted Mr.. White as to the
witnesses it should call and did not in
tend to call these hostile witnesses at this
stage of the proceedings, though it would
call them in rebuttal if Mrs. Yesier were
put OH the stand. After some pleasantries
about the discussion Of the case which had
been INDUCED IN by certain newspapers.
Mr. Car set 10 work at the legal argu-
ment He denied that defects in the COM
plant were ground for dismissal, and said
that it would cut no figure in the superior
court. as the case would be tried on the
pleadings there. In reply to the claim
that the state would have to prove
that the document destroyed was a will,
ne said this would be requiring the
court to probate the will. which
was beyond its Jurisdiction. This
contention was absurd, for the conspira-
tors might by the destruction of the will
render such proof impossible, then flaunt
the fruits of their crime in the face of the
law and go UNPUBLISHED; what it was
necessary to prove was the motive. If Mr..
Whites definition Of the evidence neces-
proof would be impossible unless one or
more OF the conspirators turned states
evidence. He went on to argue that the
separate acts of the conspirators and the
differences drawn therefrom were admis-
sible
Mr. White here asked: (Which a party
10 4 conspiracy has temporarily with
drawn, is his evidence admissible?
lad l lid
White is at last willing to admit that there
is a conspiracy. If his client has with
drawn from the conspiracy and is ready to
testify, let her come forward. Mr.. White
has matched more conspiraces than the
prosecuting officer could have found in a
year
Mr.. White: Yes; there was one in kel-
ieher's Office and kelleher was a party
to it"
This sally provoked n laugh. in which
Mr.. kelleher heartily joined, and Mr. Carr
said he was well able to take care of him
self. He then alluded to Mr.. Whites viz
tuous indignation against him for dragging
Jordan INTO the case. and exclaimed:
Yes: hammer at poor Wan Buren, all you
! 'lease. put she stripes on him; hammer at Dr.
Russell: but for Gods sake don't say anything
against so h.gh aud noble "A being as j. Eugene
Jordan
He then outlined for the purpose of IL
! Illustrating what constituted conspiracy,
how Mrs Yesier might have been lmplI-
Gated lie pictured her searching Tor a
Will and Drs. Russell and Van Buren,
whispering 10 her: Don't search too
diligently for that will: 1t only leaves yon
$lHi,0D. and, if YOU find no viii, YOU will
get $ppOo)" Even If she only acted on
that hint ana locked her know ledge in her
breast, II might De inferred from her ST.
lence that She was party 10 the consplr-
acv What could she DO in furtherance OF
tie con spiracy further than keep her own
counsel All that vas needed was the de-
struction or purloIung OF the Will, and the
citv and the other devIsees were deiranded
Il Mrs Ycs.er were innocent. why did she
not come forward and tell what she knew :?
Until she dad that she was not called upon
!. TO do any affirmative act.
Mr.. Carr then proved by authorities that
the state had a rIgh, To prove the meetings
of the conspirators. and III reply to MIR
! Whites structures on him tor showing that
Or Jordan and Mrs. YesIer had met al
Mrs. Gagie's. he sad il Was the formers
own counsel that had taken the brush and
dauDei her fair name: II vas he who cried
ont and said her chastity VAS being re-
Elected OF. Bat has rdle dad not work both
WAYS. ior he did NOT hesitate To drag down
any witness on the other side. Few men
81 NJ. Yates aye could undergo such a
REORGANIZATION as he had subjected
Mrs FAY 10 without having his cheeks
made To prrn With shame by having some
facts brought out. though they did not