The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-17
THU ARGUMENT OVER.
Mrs. sYesler's Case Now in the
Glands of the Court.
THE stAwyERs PASS THE LIE.
Whites Accused ~ Falsehood BY Col.
Carr Some Red Hot speeches-The
Case Under Advisemsnt.

The .7gument on W. H. Whites motion
for dismissal Of the charge Of conspiracy
againss Mrs. Minnie Yesler was closed be-
fore Jrsstice Humphrey yesterday, and the
case as taken under advisement until
Mondgr morning. E. NJ. Carr finished
his sp< sch for the prosecution and was fol-
lowed Sy John +. Miller. the prosecuting
attornSy y, on the same side after which
Mr.. WHITE closed for the defense.
Mr.. arr began by citing more authori-
ties inssupport Of the admissibility Of one
conspi: ator's statements a. evidence
againss his accomplices. When he alluded
to Mr.:White's question a. to the admis-
sibiiit: OF the evidence of one party after
he hat withdrawn from the conspiracy,
Mr.. W:'ite said that all Van Buren's con-
vcrsatksns with Kelleher occurred after he
had Withdrawn from the conspiracy. and
were therefore inadmissible. To this Mr..
Carr scplied that no matter whether q
party - conspiracy wi.hdraws or not.
he is = Ill responsible for the acts to which
he hat been q party. and for all subsequent
acts 81 his co-consprators. Otherwise
three zen might conspire to murder
man. snd when they had their knives
raised TO strike one might draw back while
crime and then he might claim that he
was NET party to the crime.
Mr.. AiilIer stated that, though. as Mr..
White; had said. he knew nothing of the
case rs,til several days after the complaint
was nhsde, yet he was then informed OF all
the IL: Is, and would inform counsel that
this N.s not the prosecution Of ]. D. Low
man j. of any hidden heirs, but of the
NJ 49,
in this case. it had never been sufficient in
any crse since he had been prosecuting
attorney. He then proceeded to contend
that TEE complaint was sufficient. all the
tendency of the law being towards SIM
plifytAy complaints, and discussed the law
on th..' subject of merger. He briefly re-
viewes' the testimony, going over about
the SINE ground as John Fairfield had
coveted on the previous dav.
Mr.. White IN opening denounced Mr..
Miles as advancing theories which would
nave. been good in the days of Charles I.
and louis XIV, when the state was
every: hing and the individual nothing.
bat Z, this country the state was no more
thanshe humblest citizen. In discussing
the efficiency Of the complaint, he read
form: Of complaint which he considered
wouls have been sufficient. The state had
aIlegsd nothing. proved nothing, though
it Ned every opportunity. He de-
scrihtd Mrs. Yesler as poor sew
ing girl who was Mr. Yesler's
houF keeper and whom Mr.. YesIer had
made his lawful wife when the tongue of
sianxrr had struck at her. Why had not
the state examined her in the superior
cour: as to her knowledge of a will when
she ade application for the appointment
OF ar administrator. If he were prosecut-
ing attorney, he would ask the court to
disns -. but this was a corrupt age when
the COLLAR was all men looked for Spies
and :informers had daubed this woman
and the state would not put them on the
s.an:s. yet il called on him to put this
won. on the stand, though she now lay
on bed of agony, in consequence of her
inhI nan treatment. The state had not
shos the death of Mr. Yesler nor the ex-
isteiee of will. Mr.. Miller talked of the
greg amount Of money involved, but
libesiy. not money was involved.
Hs' then replied to Mr.. Carr's arguments
rs T. the evidence necessary, saying that
the: mere meetings of Mrs. Yesler and
Jors IN without Russell and Van Buren,
weG3 not circumstantiai evidence. Overt
acts Of each conspirator must be shown,
for:suere declarations of one in the ab-
seDs>s OF the others were not sufficient
untsss in furtherance of the common de-
sics; criminal acts, not acts in them
selsss innocent. must be shown. The
evidence against Mrs. Yesler was hearsay
IL s,e herself destroyed the will. she ought
tose indicted for that crime. but not for
cos piracy. Van Buren's statements were
noe in furtnerance of concealing the will.
b< Of producing il for coin; if they were
in: furtherance of a conspiracy kelleher
w. a party To it and ought to be indicted.
Bsf they were simply confession and
cc.lid be used only against Van Buren,
htaself.
latter the noon adjournment Mr.. White
- * up Mr.. Fairiield's argument, and ac-
cs led him of forgetting TO state all the law
aat the facts. and Of relying on a very de-
f.tlve memory in quoting the evidence.
tsrst the identical ofiense must have been
cftnmitied. and then there must be rea-
NJ able ground of suspicion supported by
circumstances sufficiently strong in them
ss YES 10 warrant a cautious man in be.
lirying the defendant guilty Mrs. Yes
lSr's request for q settlement WAS natural
l.. view of the reports that Lowman was
r?3bing the estate. and which had aroused
,le suspicious of Reynolds Though Mr..
x.sler said he was satisfied and il WAS
iASbody's business. it was his wife's bust
Mss. for she was afraid that there were
tarecorded deeds to some of his rroperty
= existence. AZ since his death deeds TO
Is aiIves Of Mr.. Lowman mad been re-
c.rded which had before been in escrow.
Mr.. Carr here Interrupted with the re-
f.lra: log are making a malicious
x ~ statement, Knowing 1t 20 re tai sc "
M. White retorted: II know what am
Il king about. ana went on to dilate on
Sc persecution 10 which he considered
IS client had been subjected. denouncine
.aIOse who had been behind the rrosecu-
( IN a. the false friends of Mr.. Yeser. and
explaining the words and acts of Mrs. Yes-
.r IS quite natural and innocent. He Was
ct convinced tha, Mr.. Yesler had Will
~ hen hs died. and then advanced the
steory that. alter showing Van Buren, the
.yili In which Jor',an Was named as an ex-
zcutor. the Gid man bad DESTROYED il rs he
4 si DESTROYED the one he showed In : !.
crawford. as he had shortly before omar.
nal.d with Jordan. lie then made
Another savage assault on Mrs. Fav
land followed il with an appeal for
sympathy tor his client and a denuncls-
{ on of her prosecutors. calling down
larment on their heads. Referring In
.nrs. Fay's visits To Mr.. Fairfield he called
:,aese two people eonspirators. lie de-
:.lared that kelleher had only testified 10 a
angle circumstance-the mock effort OF
wan Buren, 10 hide behind telegraph
,,ole' Resides that he had only testified