The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-03-16
THE FORMAL CHARGE
Informations Filed in the Yes
Ter Will Case.
DEFENSE MOVES TO DISMISS.
charge OF Conspiracy and Destruetien
Of the VIII Msde-Ground Of
Motion to Dismiss.

The informations charging Mrs. Minnie
b. Yesier, DR.. ]. Eugene Jordan and DR..
II. Martin Van Buren, with making away
with the will of the late Henry L. YesIer
were filed in the Office of the clerk of the
superior court yesterday afternoon, only .
few hours after a motion had been filed to
dismiss the charges against Jordan and
Van Buren,.
The first information filed accuses the
three defendants of unlawfuily conspiring
90 defraud the city Of Seattle, J. d. Low
man and others at present unknown by
combining to destroy the last unrevoked
will and testament OF Henry L. Yesler.
The second charges the same persons with
feloniously destroying the last and I'M
revoked will and testament Of Henry L.
Yesler with intent to cheat and defraud
the city of Seattle, J. d. Lowman and
other unknown benefciaries.
The ground of the motion to dismiss il
that the defendants have been bound over
70 the superior court and have duly filed
their bond, but that no information has
been filed against them within the thirty
days prescribed by law. On account Of
this delay of the prosecution the defend
ants ask that all proceedings begun against
ssACit NC SCI dStAC dha uASAhio5CA ohN tNoS
they and their sureties be discharged from
any liability upon their bonds.
James Hamilton Lewis, one Of the at
torneys for Jordan and Van Buren,, said
last night in explanation Of the matter:
There ts at present no grand jury system, but
the Legislature Of ls90-9i passed Al act permit
ting man TO be arraigned upon an indictment
of information, thus avoiding the necessity of
grand jury. To insure the prisoner a speedy
trial. however, it was provided that after being
bound over by justice of the peace he should
have an information filed against him and be
aFraigned in the superior court within thirty
days from the time when he was held To answer,
unless good cause be shown TO the contrary. 1t
may be that the attorneys for the prosecution
have delayed fling the Information until thirty
days have elapsed from the day upon which
Mira Yesler was bound over. Possibly they con-
slider that since all three are charged with con-
spiracy il in really but one oiense, and that the
time should not begin TO run until the last Of
the three was bound over.
Frederick Bausman. one Of the attor-
neys for the prosecution, said in regard to
the motion:
have not given close attention to tho GRIM
fnai side Of the case. but I feel sure that the
prosecuting attorney has not neglected any
essential requirement of the law. The statute
which requires the information to be fled
within thirty days also excuses delay in filing
II gooo reason be shown. The matter Is accord
1ngly largely in the discretion Of the court 1t
will be observed that. even II the defendants
should be released and the present cause dis
misscd Tor omission in this respect, such DIS
msssi and release would be no bar to another
prosecution for the same, the defendants not
having been in what II technically called jeop-
ardy. The result would be their immediate re-
arrest have no doubt that the prosecuting
attorney has omitted no vital step in these
proceedings