The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-07


home and Van Buren, was 70 take the train and
go down TO Oregon.
@. Well. she cidn't telegraph quite in time.
did she?. 4. never heard OF the telegram
Isaw Kellogg that afternoon, January q. and
he wanted me 10 go 10 Lowmans mouse ana &c.
this contract AZ O'Clock. And dldn1 go. L
told him didn't want TO go up that time OF the
night and TO come Ill in the morning. He came
il III the morning and told him TO go down
ard get Mr.. Lowman and bring him up 10 my
office. He went down TO MI LowTnaus ana
came back and told me that Mr.. Lowman was
out OF town. l Understood ne had gone down
that morning to Maple Valley TO his farm.
Kellogg said Van Buren, wanted to leave ana
wanted to know If could not get some money
for him to get out of town; that he was owing
some bills and wanted to pay them before he
went away. tod him that would sec about
il, that would see Mr. Lowman, but the fact is
never saw Mr.. Lowman after tnat on tina.
subject a. all. Mr.. Kellogg, guess. realized
that Van Buren, had given the information TOO
soon, and ne shovel anxiety and said he was
afraid Mr.. Lowman was avoiding him or avoid
ing coming 10 anu that Van Buren, felt
that tie had given the information away aud
was anxious aud afraid.
DR.. Jordan was not present on any OF those
occasions that / called al his Office. DR. Van
Buren, had told me that Dr.. Jordan did not get
down until the afternoon. ] always made a
point TO go there in the morning. In the inter-
view OF January 3 Jordan's and Rochester's
names were mentioned as carrying on negotia-
tons with the city. We had previously talked
Of the matter of other people negotiating, but
did not mention who they we're.
do anything without me-" remember in that
connection also stating 10 Van Buren, that had
heard that those people stated they could prove
the contents OF the Will. whereby ali the prop
erty went to the city. and ne said they could
not do any such thing; that If they were trying
that sort OF a game there was nothing it: thar
they could not get it, He said that he knew the
contents of the will, anu tried to fad out from
him what jordan knew. but he was reluctant TO
speak OF Jordan any further than that those
negot ations were going on, because he was
n IA ~ | hHr Ruren.
not Kellogg. was to De the real party
| IN interest in the negotiations. Besides the
$500 that wa, TO go 10 Van Buren,, there was to
be another s25,0o) for another person. aud
wanted to know how could get the other wit
nes>e.. Mr.. Kellogg seemed 10 understand that
one of the witness was no good, but he gave
me to understand that as soon We were sure
OF one witness the other would come in. too.
The uego, atoms i'll relation to this other witness
were lett in an uncertain condition, but kellogg
sail Van Buren, had been negotiating with DR..
Annie Russell-she WAS the other witness-that
they could not come To an agreement Tie
other people. As he put 1t, the other people We're
influencing her, and the hitch came there and
he could not carry it out, but that when the
thing was setticd-when the negotiations were
made-that d.. Annie Russell would come in.
talked OF the uselessness OF this testimony
unless could get hers, and said that there was
10 use in entering Into one contra"c unless /
could gey both-tnat there was no use OF getting
one piece OF testimony unless l had the other,
and gave them to understand that 1 wanted
bJth before would go into one contract. Well,
because he was acting IN dangerous territory:
that he would go out OF town and
as soon ss ne got out OF the state that
then the time to negotiate, and Mr.. ke logg
said he knew DR.. Russell and he thought after
going away from the knowledge OF DR.. JORDAN,
he himself might come back and bring about
the negotiations with D.. Annie Russell
Cross-examined by Mr. White, Mr.. Kel,eher
said:
am in no way interested for other litigants
regard j. |
am not in any way interested in any OF the
property which would go to Mr.. Yesler's
brothers and sister. / understand that Low
man is attorney in tact for two or three of the
heirs am not interested Tor any alleged half
breed children The first time got the suspicion
that Mr.. Yesier left a will was on eynolds iu-
formation. l was introduced to Reynolds by
Mr.. Iowman in my Once in the early part of
January. l had talked with Mr.. Lowmau a
couple of times about the matter. / gave Mr..
Carr variety of information and told him Ii it
did not lead to anything l did not want to be
known in the matter.
ReYn0lfis made an appointment for me to
meet Van Buren, at his room in the Russell l
went there ana Van Buren, was not there.
Finally l hunted up Van Buren, myself--Inet
him on the street about January II. When Low
| man introduced REYNOLDS to me. Reynolds tod
me that before Mr.. Tesler went East four years
fore he went TO marry the present Mrs.
the trip-Nr. Yesler handed him
large envelope unsea,ed, in which
he he, 5old him was hi. will. This was on the
wharf. When he got home he paid no more At
tention to IL. ana got letter a few days later
from Yesler asking him to forward it. referring
t. it as an unexecuted will, TO Mass:llon. o:
He found that the envelope had become sealed
and forwarded it. Reynolds showed feslers
| letter two or three weeks ago He never read
! the will. Reynolds SAID he friendly with
| Van Buren, roonei AZ the Yeser house at the
| time Mr. Ycsler went East to get married. and /
| think was lett in charge of the house.
When was negotiating to pay $4,000 to Van
| Buren, was deceivIng him-tryiBg 20 get out OF
| hun all could on the subject; had no intention
| OF advising payment for the information. un-
| derstood iha, Kellogg was acting IA friend of
| Van Buren,. Not much was said about the 200
! proposition. he lOgg told me he was wavering
and controlled bv people around him. The idea
OF his going 20 Oregon alone WIS that Kellogg
was afraid Jordan would get at him. have
heard that Kellogg does not want to be called as
a witness and that he cannot tie found.
Mr. Carr stated that Kellogg hal called on
him aud pleaded with hun not to call him a
witness but he told Kellogg that it might not
be necessary 10 call him. but that IL would be
absolutely necessary TO have him in attendance.
He begged not to be supbpnaed. not 20 be put
10 that public exposure Mr.. Carr finally re-
fused to consent TO his leaving. Mr. White in
sisted the states bringing him there and
Mr.. Carr assent ted saving that il he did not ap-
pear soon the state would apply for a bench war
rant for him.
About this time l. E. Thompson. Kellogg's
attorney, appeared in court and said that he did
not DeilevS heIiOgg ldu pSeU Tegu Hrly SUD-
pOeuaed, but would answer any regular process
OF court Mr. Carr examined the subpoena and
found that 1t called the witness 10 appear on
January l. aud he moved that a new one issue
Tor his appearance forth with. though he did not
teieve the defect was fatal. Constable Van
Horne said that he read the subpoena as sum.
moning Kellogg to appear on February l.
Mr.. Thompson was then put on the stand and
asked whether he KEW where Kellogg was, bat
refused to answer, claiming his privilege the
mans attorney. and further saying that the
subpoena was Irregular and that therefore bench
warrant proceedings could not be taken. Mr..
White vehemently replied that if Mr. Thomp-
sons contention were 10 hold good they might
AS well burn down The courthouse anu go back
TO mob law, for he practically claimed that a
lawyer might spirit q witness away.
After the lawyer had been given time to con-
slider and had remained firm in his ca n, the
court sentenced him 10 pay fine OF $40, or in
default 90 to Jail for two days. Constable Van
Horne was preparing to take him TO Jail, when
at ~. Whites suggestion he was given till
this morning TO deliberate on his de-
cIsion, and meanwhile was liberated on
his own recognizauce IN the sum of $50, the
lawyer expressing the confidence that when
Kellogg learned of the proceedings he would
put in al appearance. In any case a bench
warrant was issued for him.
Mr.. keileher's cross-examiuation was inter-
rupted by this episode, and al its close court
a!iournei til 20 o'clock this morning
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