The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-21
Mrs. Yesler Bound Over to the
Superior Court.
HEARING OF FORGERY CHARGE.



the afternoon the charge of forgery was
taken MP. and. several opposing motions
OF Mr.. White being overruled. the hearing
was set for 10 O'Clock on Monday morning.
In the meantime Nj. White will make an
bonds on . writ Of habeas corpus and to
prevent the justice from hearing the charge
BY applying for . writ Of prohibition.
The crowd which had followed the evil
dence in the case had hardly had time to
gather and the hand of the clock had
barely passed the appointed hour of 10.
when Mr.. White announced that his client
Was sick and could not attend. The court
then gave its decision on his motion for
dismissal, saying:
Without entering into any discussion OF the
questions submitted to me upon this motion, l
Will state that after full consideration have de-
cided that the motion b overruled.
Mr.. White then rested his case on the
evidence and the coart stated that the de-
PENDANT would be placed under bonds for
trial in the sum of $1,000 Mr.. White
asked that the conrt take the bond at the
residence and added that he would take
other steps. He then said: "How about
the other charged"
A1s SAs OoAl AOt tA4C oS0SC ICPtACO tll0b u0
had understood from the position Mr..
White had taken that they were examin-
ing witnesses on both charges. which were
merged in one, but, if he wanted to go on,
the state would be ready at o'clock in
the afternoon. He would state frankly
that the witnesses would be the same, and
he had no reason to believe the testimony
would be different. Mr.. White then said:
1t il impossible tor my client 70 be here at 2
O'Clock. but viii b here and will make mo-
ton for change OF venue to the nearest justice
OF the peace, for the reason that the court has
already passed upon the material facts and has
made mp his mind a. to the same aud II there
fore not here ~ IN unprejudiced judge
Being asked by the court whether he
would make affidavit to that statement,
Mr.. White answered that he would.
Mr.. Carr said: "You can not ask for q
change of venue; you can't find any au-
thority for it. l will be here to answer a
formal motion in writing"
Mr.. White then asked to see the commit
ment and. the court saving that he wanted
the advice of the prosecuting attorney on
the drawing of it, retorted that the prose-
cutting attorney had nothing to do with it.
Mr.. Carr replied that it was his duty to
advise all county officers.
Mr.. White then announced his intention
to apply for . writ of habeas corpus for
the prisoner, saying he would waive moth
ing.
Mrs. Yeslers former bonds of 81, 900 on
the charge of conspiracy were continued
and the hearing on the charge of forgery
was continued until afternoon.
At the afternoon session Mr.. White
opened proceedings with an argument for
the dismissal Of the complaint charging
forgery instead of moving for q change of
venue, as he had announced his intention
of doing. He said the court had
already examined the defendant on the
matters alleged in the complaint, and had
no right to do it over again. The state
had admitted that tho evidence would be
the same as on the first charge. and the
court had no right to examine into it
again and put her to double costs-in
other words. it could not take two bites at
. cherry. 1t was beyond the courts juris-
diction.
Further, the court had not heard any
signed the complaint. and had not ex-
amined him under oath. "You said," he
continued, addressing the justice, that
YOU A0O CISSu WIN IuI. 1|OWm0u anu
Mr.. Kelleher, on the matter. but not I'm.
der oath. l say you have not jurisdiction
to inquire into this matter"
Mr.. Carr replied for the state: "Itis be-
yond question that you have examined the
complainant under oath. As to the
other proposition advanced by Mr..
White. l have said understood
him to say that you were ex-
aiming into both charges. There is no
question As to whether both complaints
charge the same offense. When the de-
PENDANT is put on trial on one of the
charges it will be time to move fer a dis
missal of the other. She is charged with
the misdemeanor of conspiracy and with
the statutory crime of forgery. To say
that both charges are the same is against
reason and against law. We are ready to
go on with the hearing"
Prosecuting Attorney Miller made few
remarks on the same lines as Mr.. Carr and
after Mr.. White had made a spirited
answer and the two had made some very
old puns on the word ''bore" in a verbal
encounter. the court dismissed Mr.. Whites
motion for = change Of venue.
Mr.. White then flied q demurrer to the
complaint, alleging the same defects as he
had argued in the course of the hearing,
that it did not set forth facts which were
material to the charge, such as that Mr..
Yesier WAS dead. etc. This motion was
also overruled.
Then came up the matter of setting a
day for the hearing on the forgery charge.
Mr.. White said that his client was sick
and unable to appear, but he thought she
xxnirlA ko able Aov thsS
week. Meanwhile he gave notice that he
should apply TO the superior cour. for a
VIII, of prohibition to proven, the justice
from hearing the case. He also intimated
that before the week was ended he might
Civ. the opposing counsel a trip 10 Oiym-
p,a to appear in the supreme court in con-
nection with the case.
The hearing of the charge of forgery
wss then set tor 10 O'Clock on Monday
morning, though Mr.. White gave /, TO be
understood that it might never come up.
At this his brethren on the other side. who
are slightly acquainted with him, smiled
incredulousIy and said something about a
bluff
The prosecution is expected 10 MAKE a
much stronger case against Mrs. Yesler at
her trial in the superior court, as it is IN
ders,ood to have only produced enough
evidence At the preliminary hearing to
make q case OF probable cause and to be