The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-09-10
JORDAN'S CASE.
netion to Dismiss the Conspir-
ary Charge Against Him.
Jaws IN the ,nfoHMsT'on.
80, nat shs Dsschsrss ~ Mr& yssiss
1.vastdsssd shs Isdietmeas Asafnss
Other Dsfendsnss.

auokher move uas made In the famous
! w-.ier wfFI rsse yesterday, DR.. J. Eugene
1.rdsn moving the court TO dismiss the
1900 a conspiracy made against him BY
- nros<euting attorney. The motion
-. shsf the information be quashed and
- s~sde for the reason that IL does not
g .rs. : crime under the laws Of the state
q Warrington; that IL does not conform
q ths code Of Washington In alleging
k<fs. that IL does NOS state that II. i.
Yerler died previous 20 the date Of the
e,iesed oisense; that the alleged inforna-
iIor charges the destruction Of an alleged
Nil 10 the damage Of j. d. Lowmsn and
esEer alleged benshciaries of the alleged
iii. hut alleges no violation Of the law OF
~ state. or damage to any persons Of the
cate. It then goes on 70 Siege
fhst The court has no Jurisdiction
eysf the enense In fhst the
essts has no authority to maintain any
artlon In the name Of the state for private
beasfs and to rscoup or award damages to
j. n. Loxrnan or any other person or PSF
sors uhafsoeyer. And that the court has
- Jurisdiction Of the information for the
rooson that j. ID. Lowmnn and the other
tsnsaciaries under the alleged will have .
fail and complete recourse In an action at
eiysI Isw. and the redress of private
grievances by the use Of criminal law and
1hs powers Of the state - contrary to the
constitution.
The court Il further without jurisdic-
iicn, continues the motion, for the rss~
eon that there il no common law offense
81 conspiracy 10 destroy o will recognized
by fhe laws Of the state OF Washington.
and further that the statute under which
said charge might have been brought and
. proper statement Of facts have been
made, has been wholly repealed and II null
and void, and IL wholly repealed by the
eighth biennial legislative session By those
certain laws known as the Code OF 1881,
and those laws repeating are referred to
and rs-snacted I'm those certain laws
known a. Hills Code of 1890 and 1881"
The motion then goes on TO state that
the discharge Of Mrs. Yesler . few days
ago also discharged the information and
wholly invalidated IL, discharging ali the
defeDdants at the same time.
The court Il next asked 10 discharge the
petitioners bail and allow him to go with
out day, for the reason shat the alleged
conspiracy 70 destroy the alleged will
haying been hold 70 have been merged.
md was merged in the alleged felony. to-
Wit: Of destroying OF the said will. which
was charged against this defendant. and
sincsths law permitting prosecution FOR the
destruction OF the alleged viii has been re-
realed and declared OF no effect and en-.
issenes by this court, the said alleged In
iornstion Of conspiracy being part OF
he Narration for the forgery. fell and
- sholIy discharged when the informa-
~ br the alleged crime Of forgery was
tAis court held TO be without founda-
Aos la law"
The reason for this IL given by stating
in the following paragraph that the minor
c6snse Of conspiracy depended upon the
greater Of destroying the alleged will,
which later offense was made criminal by
, law now held by the court to be invalid;
and thus oil proceedings depending upon
h are inyalld and wholly null.
DIR. Jorcan further moves for an imme-
date discharge and the exoneration Of his
bal for the reason ''that IL appears from
she orders Of this court that he has been
denied q speedy trial a. required by the