The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-14
MRS. YESLER'S CASE.
Her Attorney Argues for a Dis
missal Of the Charge.
SAYS VAN BUREN, HAS THE WILL.
0F. white Occupies the Nay In ArgU-
Ing Law Points sud Impeaching
the States Testimoay.

yesterday was taken up with the argu-
ment of w. II. White on his motion TO
dismiss the charge OF conspiracy against
Mrs. Minnie Yesler. Though less interest
attaches to this stage Of tho proceedings
than TO the taking of testimony, there
was no apparent abatement in the public
attention attracted by the case, for the
crowd which filed the court room was no
smaller than on any Of the preceding days
of the hearing and Mr.. Whites argument,
long ~ it was and largely confined to the
citing of precedents, was listened to with
undivided attention.
In opening his argument Mr.. White
contended that . justice Of the peace exer-
cised not ministerial, but judicial func-
tions, quoting section I, article w.. of the
constitution, providing that judicial
power be vested in q supreme court.
superior courts and justices of the peace
in support Of this constitution. The ac-
cused had q right to be brought face to
face with her accuser and to demand the
nature and cause of the accusation, which
was not stated in the complaint.
The complaint was in the nature of an
indictment and must charge criminal
ofense. If 1T failed to do SO. the court
should discharge. The defendant was not
charged with criminal offense. for the
nature of the conspiracy was not stated.
The complaint should state all the acts
necessary to make complete Offense.
which this one did not do.
IF this court will show any allegation
that Mr.. Yesier ever made q will. III eat
the complain said the attorney, and he
continued to state wherein he considered
it defective.
1t was first necessary to prove that Mr..
Yesier made will and left it unrevoked
at the time OF his death. The complaint
ought 70 state that Mr.. Yeser had at
tanned his majority, that he was of sound
mind. that he made a will In writing and
signed it in the presence of two witnesses.
and that this will remained unre-
voked at the time of his death,
or at the time of the conspir-
acy. 1t did not even state that he
was dead. Not only should ali the re-
quirements for the making of a will be
shown to have been complied with, but
the contents of the will should appear, for
IL it should appear on the face OF the in
dictment that the paper Is not such as is
alleged, tho court must dismiss. He
quoted long series Of authorities in sup
port OF this contention. The state must
not only prove the existence OF a will, but
must rebuff the presumption of its cancel
lation, arising from the fact that it could
not be found at the time of the testator's
death. The declaration OF Mrs. Fay that
Mr.. Yesler said he had an unrevoked will
and that Mrs. Yesier knew where the will
was would not be sufficient against the ac-
cused. The same evidence was required
as was needed to prove lost will, where
only dollars. not liberty, were at stake.
The state had never given a scintilla of
evidence that a search had been made for
will. He here went on:
TN such evidence has been adduced any
judge the bench would instruct q Jury
to acquit Hyou can't say there was . will.
which the law recognizes as a will. how can you
Say there was . conspiracy 20 destroy 1t? Recol-
lcct that II these gentlemen (pointing 70 oppos-
ing counseD believe Mrs Yesler has the will.
they can go to the superior court and make her
testify to prove it All this evidence shows
that she has no motive for conspiracy to destroy
or sscrete the viii. Fred Peterson--and this is
the first case know of where whole profess
aional confidence aud conversation of q client
has travelled 20 the Observation-Disclosures that
he had not disclosed IL aud know not by what
psychological influence il became known to
them.
Mr.. White then argued tnat a. the time
OF his interview with +. ii. Peterson, on
November IA. Mr.. Yesler had not yet made
a will. but contemplated dying intestate.
but in order to avoid being annoyed by re-
quests for asettiement. tried to create the
impression that he had done so and that
his wife was we'll provided for. Up to No
vernbcr IL, when Mr.. Peterson told her the
result OF his interview. Mrs. Yeser never
knew that he had made a will, and the
ness than dragging her through the snow
to hear Mrs. William Lowman testify
about her meetings with Jordan in the ef-
fort To prove that a month before this date
she was conspiring with him to destroy
the will. But that was not the real pur-
pose; it was another. = mean. despicabe
parpose. He excused her request for a
settlement on the ground that she was
afraid that Mr.. Lowman would get the
property away from her. and asserted tina,
she was so ignorant of business affairs that
she did not even know how to draw
check. He quoted Mr.. Pe,erson's state
ments about Mr. Yesier's disposition TO
procrasnnate as indicating the improb-
ability OF ms having made will, and pro-
oeedei to question the admissihllity of
that gentelnan's testimony on the ground
tina; il was mere hearsay.
After the noon adjournment Mr. White
proceeded % direct his remarks to show
ing the insufiiciency of the proof of the ex-
istcnce of a will, taking the evidence of
the witnesses in turn and pointing out its
weaknesses IN this respect. He pointed 70
the old mans anger at the mention Of
death At the interview with = l.. Craw.
ford. Mrs. Sackman and Mrs. Bentley, to
his failure TO mention u viii on that oc.
casion and 10 the terms in which his In
s,ructions 10 them TO so on incurring
debts Tor the furnishing Of the Sarah Y.
Fes'er Were couched as evidence that he
was not thinking of will at that time
but INTENDED 10 carry out that
bensiaction in his lifetime He was
in the habit OF DESTROYING wills. his de.
struction OF one III the presence of Mr.
Crawford being an Instance, snd there WAS
no evidence that any made subsequently
had not met the same fate Mrs. Mad
docks testimony showed that he had
made two distinct ones and DESTROYED
them both. His remarks TO Mrs Mad.
docks in the interview Of last October
about his wife getting half the estate in
the event of his dying interstate. showed
that he contemplated such an event. and
his experience with the estate % his FIRST
wife had given him knowledge OF the law
In cases of intesiacy. If he had made a
will. the notoriety which had been given
the case would have caused the witnesses
to come forward and tes,i v 60 the tact,
Mr.. White then began the discussion Of
John Reynolds testimony. and gave him
q great scoring for studying his testimony