The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-02
YOUNG COBB LET GO.
Animus of the Police in the
Prosecution ShOwl.
"BALDY" ROGERS WAS AIMED AT.
Confession Made by the Lad Under
Duress Intended to- Drag tho
Ex-Chief Into Trouble.

The case against BOYD Cobb son II the rich
Stockton man. charged with stea ing diamond
bracelet from Mira. Elmer Msyocrrs, was dis
missed by Justice Caldwell yesterdsz morning.
The Gaze attracted .srge crowd, ARD when the
decision was given a shout of joy w7nt up, the
animus of the prosecution By Mas berry ana the
police having caused public feeling to turn IN
the boys favor.
The case was conducted fo- ths state by
Deputy Prosecuting Attorney WiIctock, and
for the defense By W IL White One Of the
peculiar features OF the hearing was the con-
f.ct between the state ana the defense over
the celebrated affidavit obtained fr5fn Cobb by
Chief OF Police jackson and MAJOR Ronald.
Attorney Wiustock coDtcn led that il should not
be introduced as evidence iaasmucis IS IL was
obane1 under duress, but the dcferse took the
opposite side AID prayed that il 10 brought
forth III common with other evi :ence. The
justice decided III favor of the DEFENCE, and the
affidavit was introduced. When the prosecu-
ton commenced It's Gaze the cours room wss
packet with attorneys and reputatee citizens
who had beard OF he case and the conf citing
interests involved. One OF the most aotsole fs-
urcs was Alderiian Ca!ligan, who steid through
the entire proceedings, and gave ting closes, at
tention to the developments both iirzct and i'm
piled The case OF the prosecu:io- was well
handled, and established hey oni doubt that
the bracelet had been taken By COBB. Detective
John Roberts was the principa. wtsness, and
told OF arrestiag young Cobb ami q the con-
tession made 20 lin before they went 10 the
police station. Elmer Mayberry, husband OF
the woman, put on the stand, and estab-
iished the fact OF the property having been
taken and proved ownership. Ine:y DR.. Hend-
erson placed the stand, ana admitted
that Cobb had not come TO him will, the brace
let after taking it, The prosecution
closed and the defense sook up
In flgly
Attorney White admitted everything the prose-
cution had claimed and tried To show. He said
that be should not make any effort to prove any
thing but the exact circ Ilnstaaces under which
the bracelet was taken, and in 30 Going show
that there no larceny committed. He first
put Andrew Luud, proprietor OF the Colorado
saloon, On the stand, and the testimony ELECTED
snowei that Cobb came into the saloon very
drunk and pulled the bracelet out Of ais pocket,
and when asked about it said he aad taken
it and must return il, Chief Jackson then told
OF the affidavit, ana was followed by =. J. Rob-
bins, an attorney, who stated tina. he Cobb
in the \ y I house the afternoon tie bracelet
was taken on the verge OF de.iriun. tremens
Bolton Roger and ]. L. Barek told how they re-
covered the bracelet the points of which have
been printed in the PosrI STELLIGESCER.
When the name Frank y. Cobb was called one
could have heard pin drop so SIX was the
room. A gentleman with gray hair and mus
tache took the stand. Attorney Waite said:
"What relationshi do yon bear.to TIE defend
aut," pointing to young Cobb who sat within
the railing
II -" and then covering his face with
| his hands, the old man broke into tears, while
| the spectators showed their sympathy for the
grlefstricAe en- parent in looks if action. The
stiffness was almost oppressive, aud ehose who
looked at the averted face of Boyd CotTo saw two
| big tears trIckle down his cheeAs. NJ. Cobb re-
covered his composure and said: II am his
| father" In few words ne stated t. the court
that his son had been obedient e1d never
caused him pain by his actions until this time.
The case was then declared closed, and A;tor
ney White commenced what those present say
was the most eloquent plea OF his Lie. He
pointed to the action of the boy and the condi-
tons under which IL was done. Then he spoke
OF the immediate repentance and desire to re-
turn the jewels Branching from tie case di-
rect he drew q picture OF the sorrow t.3at would
De thrown over a happy family by TIE convic-
ton and Imprisonment of a young man. He
showed that it was a worthier object 70 put him
on the pain to a better life than to put him
where he would com ence to go dosn in the
scale.
Attorney Winstock closed with an argument
| to show that the goods were taken with malice
aforethought aud that while there might have
been attempted stitution at time the
| law could not favor one more than au@tner, and
| he should be held amenable Tor his sctions in
| arrest being made Cobb was aboGt to leave
| town and he'd this up a eliminating action
Al the close OF the argument by Attosney Win
stock the justice dismissed the defendant on the
ground that the prosecution had fa.ieCs TO show
| criminal intent. The decision was concluded
with lecture TO Cobb on the evils OF drinking
| When the crowd heard the decisioa i, broke
into cheers
The poiice had to drop the charge ~ stealing
/ q coat from the Chicago Clothing House, it
| had been proven that the boy hal bought the
coat there aud paid for IL.
| Bolton Rogers, the detective who recovered
| the diamond bracelet before the police took a
| hand IN the case and against whom tae police
| and Mayor Ronald have shown great deal of
il-fee.iEg IN this case, last night said 10 Posi-
! INTELLIGENCE reporter:
| This case i. simply the outcome of malice on
the part of the heads OF the police department
| IN reliably informed that the Prosecuting
| witness had no desire 10 prosecute the nov
| until ne had been interviewed by Ii member OF
| tue police department accom- panied by friend
| The action OF Chief Jackson in telaphoning
! for Mayor Ronald Immediately alter reaching
| headquarters with the boy and thu induce
| ments they together held out 10 the bog 10 maze
| the am aVit prove that justice was net the end
| tGey sought 50 much as 10 reach ''Baldy Rogers"
| In fact. they tod the boy ,hey had ne desire 10
stick" him. but that they wished 20 duplicate
| me.
The action of Detective Roberts aad Caef
! CksoD in attempting 70 get Il warrau: through
| the prosecuting attorney for my arrest on tue
! charge OF com pounding felony str ees rae az
! peculiar, 10 say the least IN view o. the fact
/ taat the police department came much closer u
| compromising felony III connection with the
| recent arrest OF the socallei three highsaymen,
| Scott" Sharp. Huca b0y.e and FranE Morrell.
! These men were secretly paced IN pri xOn Janu-
| sry = and bJ0Aed January a, noe on any
! charge. ouI simply suspicion Alter being Ia
/ ia / several DAYS .'-cotty' Sharp coDie- sc that
! he and Frank Morrell had robbed John BoSanco
/ ana tnHt after the robbery he gave The watch 10
! MorFeil. Aorrei! refused 20 confess, but
turned out Of tie jail, w n 'tandae the TACT
! that Bosauco told tie police that MoEre-I had
/ ''steered' L N ONT 10 wDefe tae hc dup oc-
/ cured Aurrel. WIS turned out On condition
! that he produce BJsanco's watch. Ih:s he did.
/ ling Boyle. the tard uan secretly arrested,