The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-03-09
HONEST PHIL GUILTY
Isensee, the Whatcom Krug,
Convicted OF Embexxlement
HEAVY snow m The CASCADES.


ended and another srea: triumph Of law
and iustics ID recorded IN Whascom
county by the return BY the jury. shortly
before IL O'Clock today. at . verdict Of
guilty" - charged in the Indictment
The utmost Satisfaction With the verdict u
generally expressed, the moro 80. perhaps.
because tie instructions Of the court vers
regarded - furnishing . good excuse
for disagreement, II, - had
been rumorsd throughout the trial, any
Of the jurors had been previously liked"
The suspicion, though quite general. the
verdict shows to have been most unjust,
although the time occupied in deii5era-
ton indicates that when the jurors ~
sired there may have been . doubt.
whether reasonable or unreasonable, in
the minds OF some Of them. County
Attorney Newman concluded his argu-
rrens at 10 o'clock last night, and after
Judge VIM began reading his In
struetions to the jury. which
occupied considerable time and seemed 20
cover every point raised By the state or
the defense. The charges u general were
regarded Is favorable to the defendant
and in line with the position assumed by
his counsel that there is q reasonable
doubt" that the funds tor which Isensee
has utterly failed to account were taken
BY him with "wilful, malicious and
fe.onious inten: TO defraud the
city" The udgs charged that
"unless this intent II established
beyond . resonSbis doubt, you ahould &C
quit, for every taking or using ofpubiic
money is nos IN ENHANCEMENT To find
the defendant guilty you muss be satisfied
tina. be converted the money to his own
use. Embezxlement might have occurred
as . mental state. and must be proven
against the defendant Conversion must
be fraudulent and Illegal. II he failed to
pay over money to the person
who became his successor. it will
be . fact. while his refusal was
due to intent 90 deprive the city of its
money. If so IL will be your duty 70 con-
vict, otherwise 70 aequit Previous good
character Is proper evidence with other
evidence, but good character is no: 10 Be
used TO confound direct evidence Of plain
facts. For reasonable doubt you are not
to 90 beyond the case and hunt it out. If
you are convinced to . moral certainty
there IL no easonabie doabt"
This Is practically the position taken by
the defense. The fact of the shortage il 30
plain that 'hs who runs may read" and
Isensee did not and does not deny il. nor
Is it denied that he and his bondsmsn are
civiiiy responsible for il Isenses's evi.
dence. if true. accounts for about half
Of 1t. but he and his counsel
would have the public believe that
the disposition of the remainder
is a. much a mystery to them ~ it 10 to
the people whose treasury has been plum
dered. Isensee swears that he has never
fsloniously appropriated dollar to bis own
use. All criminal intent to desraud il un.
qualifediy denied. The books are straight.
The receipt Of all the missing money 10
acknowledged, and the defense made no
pretense of accounting for much more
than half of il. Some Of is 10 in logs and
logging outfit: some Is In real estate; some
in the suspended banks; some in notes,
and some has been used TO '.help out
the boys" What has become of the
remainder Isenses says Is deep
and dark mystery. By insinuation and
innuendo and argument cievsrly devised,
but lily supported by the facts. his counsel
sought to create an impression In the
minds of the jury that lsensee was robbed
by his associates in Office and by the Puget
sound Loan. Trust and Banking Company,
where he kept his principal account
and where warrnts were cashed
as checks. But Isensee's own testimony
was enough TO explode this theory. The
whole weight Of evidence was overwhelm-
ingiy against IL, sQd that il was so re-
garded by the jury is shown by the YER
dict, which upholds the ancient Law which
the county attorney referred to 40 having
been frss proclaimed by Moses upon
Mount Sinai-"Thou shalt not steal"
II is reported that the jury stood six to
six At the beginning Of the balloting.
They came into court about 10 O'Clock and
asked instructions as TO whether the
states exhibit No. 81. which il
the defendants answer in the civil
sult against him and his bondsmsn. was
In evidence. The court said it was and
that the jury must be its own Judge of its
weight .They then retired aud returned
a few minutes later with verdict of
guilty, with Recommendation for
mercy. The verdict was read in a
profound hush in the court room. IL was
received by Isensee with the same appear.
ance Of utter indifference tina, he has
shown throughout the trial \ new trial
Will be asked for. and If not granted an
appeal will be taken 10 the supreme court.