The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-02
ANXIOUS FOR A SETTLEMENT.
Lawyer Peterson Tells of an Eventful
Interview With the Pioneer.
lie Said He Had Made VIII and
seorned Charges Against Lowman-
His Gift to the Women's Home
Jordan and Van Buren, Waive a
Hearing-Answer to the Poisoning
Charge.

Tie hearing in the Yeaicr will csse began
before Justice Humphrey. in the Seattle Ma
tio1al bank building, yesterday morning. and,
although :he taking Of testimony was only
barely opened, fts character was sufficient TO
grouse the Curiosity Of the crowd that gathered
, in the court room. The first charge to be taken
NJ was that Of conspiracy-that OF forgery By
destroying the will being held IN reserve Con-
trsTy 20 the expectation aroused by the demands
o; their counsel for prompt hearing, Or. ].
E1ysne Jofdan and DR.. II. Martin Van Buren,
waived hearing and gave bond Tor trial in the
superior court, leaving Mrs Yesler alone 10
stand preliminary trial.
The hearing was not really begun until after
noon, nothing being accomplished in the morn
ing except the binding over OF the two doctors.
Even then the two first hours were occupied
with preliminary sparrtng between counsel. so
that only two witnesses were examined. But
their evidence wen. right 70 the point o. prov
Ing the existence OF viii only a month prior
TO the death Of Mr.. Yesier, while SIR. Peterson
gave emphatic testimony to Mrs. Yesler's
anxiety a. 10 the contents Of the will. stiii her
attorneys acted Ike nen who were confident OF
having an answer in store.
There quite array OF legal talent In the
court room. Prosecuting Attorney Miller repre-
scented the state. assisted By Col. T. 81 Carr and
John Fairfield. while ". II. White and H. Z.
Shields defended Mrs. Yes!er. Hon. J. A. STRAIT
ton and Juuius Rochester watched the proceed
iugs for Drs. Jordan ana Van Bure;i, and Cor
rofation Couase! Donworth cid the same
vice for the city Mrs. IesleY, her sister, Miss
eagle, ana her mother and father, Mr. and Mrs
John H. eagle, all dressed in mourning, occu-
pied seats near the attorneys, and did not miss
word Of the Testimony. Though ali the wit
Eesses except the the stand were ex-
ciuied from the room, exceptions were made in
favor Of Mr. Doaworth and Daniel keeher.
The court room crowded hall al hour be-
fore The time set for the hearing, 10 o'clock,
standing room being a. q premium. but the
curious were disappointed. W. III. White, at
torney for Mrs. YezIer, was pied with a
case in Justice CadweiPs court, anN at his re-
quest the court waited till after IL o'clock
Then ne came in and said that be had come
motions 10 argue in tho other court which
would occupy him until the noon adjournment,
30 at his suggestion Ars. Yesler's case was con-
tinued until O'Clock
Judge stratton, on behalf of Drs. Jordan aud
Van Buren,, announced that they waived a hear
ing aud were ready to give bond for trial in the
superior court. He called attention 10 the fact
that the warrant for conspiracy had not been
served. but hs clients made voluntary sp-
pearance. He would be prepared at the proper
time to show that the conspiracy law was void.
The bail for each OF the two prisoners was fixed
at 5000 on each charge. and cour: adjourned.
AT the opening OF the afternoon session W. H.
White filed motion 10 dismiss the charge Of
conspiracy against Mrs. Yesler and proceeded to
state his reasons He eoniended that the charge
OF forgery superseded that OF conspiracy He
read tho complaint showing that the accused
were charged not only with conspiring to de-
stroy the will, but with carrying the object into
execution. He read passages from Hii's code
Declaring that the offcnse charged was defined
a. forgery aud could not be punished as con-
splTaey. for the latter crime was merged in the
greater crime OF forgery. He cited authority
Tor the contention that the lesser crime was
merged in the greater.
John Fairfield, for the state. commended that 1t
was not necessary 10 prove the commission of
the overt act Where the of ,nse Is felony
the conspiracy merged In the overt act
Ar " bite replied that Mrs. Yesler was charged
with the overt act aud therefore she could not
he put on trial for The lesser offense, for she
would then lie tried twice for the same act
Therefore they must charge the defendant with
the greater cigease OF felony.
The court held that the oiieuse charged Is in
fact felony because OF the overt act set forth
Mr.. Fairfield admitted that, IL conviction on
The charge OF conspiracy were secured. plea Of
former jeopardy might lie on the charge of forg.
cry, aud the prosecution might find IL neces-
sary later 10 dismiss the charge of forgery
They were now, however, only dealing with the
charge of conspiracy. tha. OF forgery not being
before them. Mr.. White protested against be.
lag caiied upon 10 answer two complaints for
Scientifically the same. thing. The court ruled
that, as the charge OF forgery was not before
him at this time and another complaint on that
raised on the trial OF that charge and the two
can be merged in one. If the state proves the
charge OF conspiracy. The motion was there
fore overru,ed. exception beiag allowed.
On motion of Mr.. White IL was formally Or
deted that the prisoners have a separate hear.
iug IL was also ordered that al witnesses g =.
copt tho one under examination DO excluded
Though Mr.. White said he could not cofnpIy
with this order because he had not sutptpneed
ans witnesses and dld not know whom he would
call untl he knew what the state would arte,u n,
10 prove. lie would, therefore, demaud a bin OF
particulars
Mr.. Milier-Bill OF particulars In a criminal
case?
nr. white-Yes bl!l Of particulars in a
eTimina. case You VIII find your law book :
tn OF u
The conr, ruled thai the wltnesse. should h.
excluded, bat that White should no. be de.
prived OF the witnesses who might harmon 10
have heard any of the evidence. Yet anv plan
room while the states witnesses were excluded
would NOT be eouulsnaneei.
Counsel then began arguing Tor removal TO n
more c0mmodlous room. ~ the great crowd
made the atmosphere oppressive. A messenger
sent to arrange tor the use OF the Nsr.
chants Exchange hall Mr.. White meanwhile
began arguing tor = bill Of particulars, saving
the accused had right % face he@ accuser and
SITTER the move t. the Merchants Exchange hall
had been made, ne formally moved for fun
length, both Mr.. White ana Mr.. Fairfield accns.
lag ono another 81 guruishinc bulls OF pa.tir,-
lars 10 the newspapers. The argumeu, was
ended by aaother decision adverse 20 the de-
ieudaui, the court saying:
II this complaint charged tho defendants
wtth conspiracy against the parties who are
named ia the complaint without u legt ug sts.-
ciac acts which amount - conspiracy. yogr
iaogion cor oil Of particulars would he
PFsuIei. hUt ia this compliant the part,ttt "a ?
act WHOA fhoy rely upon being The found 4.
t{0a lor conspiracy IL alleged, that =, that IN Y
eoasi iTca together for the destruction OF the
~, ana h3s1 that this - specific enough for
the defendant to knew what he - required a.
susWer. iHe motion will be overgu ed.
The witnesses fo- the stase we've then orAeres.
oui o tbe room and long list was called. IN
endiuc ire following: John Reyoo,d,. Daniel
KeleheI. Jane FAY. ). ". Gasscock, T. Herold
J. NJ Lyon, J. F. Brown. Htllory Butler. Mr,. NJ
h MatSocks. Mrs. Elliott. u r. MeC0anAughev,
yohn Nan Horn. J. II. bowman. Robert Cai.lgar
Mrs Z y. saeAynsn. Mrs ". l. Baotey. pavi 1
kellogg, 4 y Piper. Or. Annie Russell. ur J.
T. sweeney, Robert Maitbg, A. l. Brown,
Samuel l. Crawford, {. l. T. Kellogg, Fred Il
Peterson.
As the sctUsl taking Of test mouv was abou,
20 begin Ms. IeSics drew her chair close 10 BET
attorney so that che could tax with an!
souarely face che witness and she watched the
proceedings closely
Fred II. Peterson. the attorney. was call q 6-st
and was examines by Mr.. Fairfield. After stat.
a So. -.