The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-03-14
rRUG MAKES A STAND
III Law and Not tho Embezzler
Is Being Tried.
me INDICTMENT IS ATTACKED.
,u6eerefisa Claimed fer The Tseosurs,
- - How He shall Keep the
Public Nsneys

Public Asneye
That no stone Will Be LEFT unturnsd %
dad . means Of saving AdoIph Krue ana
IL eo-defendsnss from the penit en- tiary
aecsne frnsnissss yesterday when 1t the
wry outset Of the trial. after two days had
|Aeen consumed in securing Jury, Dow.
mi attemp. was made to Quash the In
nd:esmsnt against them A quiet tip had
isen rsyen out that IN interesting legal
. tetsle sas to be fought aud the bar Of the
eouss room was filed with attorneys. .
rress many Of them interested In come
vsy In the results of Krug's absconding.
Inc constitution aisty Of the Law upor,
skjch the indictment Was drawn yas
] attacked and the entire day spent In argu-
nent upon the question without conclu-
don.
Al the close Of Mondays session there
remained one vacancy in the jury, with
he defense entitled 20 one psrem ptory
ehsienge Judge Moore had ordered .
speciai venire OF six men TO be summoned,
md those who responded were James
Ereent, James Monogus. ". B. Colt. ".
psnsorth, II. A. Frederick, John H. Ken
pedv.
Before the examination Of Jurors vas
nsumed II. v. Stewart, one Of the men
already accepted was excused on the
ground tha. he had heart disease and his
rhysieisn had warned him that jury ser
vice vas dangerous. Mr. Nngent WAS ex-
eu.ed because he had formed . decided
fred opInion. Mr.. Monogue had an
eJlnion, bat not such - required evidences
% remove. After Col. Lewis had harrassed
the juror In the hope OF developing .
cause for his rejection Judge Moore inti-
mated that other methods OF examining
inrors were preferable. and overruled the
challenge for cause. Mr.. Colt WAS excused
because Of a firm and fixed opinion on the
case. Mr.. Frederick Was passed for cause.
Mason Smith Was then peremp,orily
challenged by tho defendants counsel.
Mr.. Kennedy was excused because he had
IN opinion. Mr.. Danforth was passed for
cause and the jury Was completed. The
personnel of the jury il a. follow:
N. D. Harfoditz. aged ~ years, locomo-
tive engineer; lived In Seattle for four
years.
i. A. Crisp, farmer. resides on Green
river; resided in the county for fourteen
years.
J. 2. shliee. carpe0tcf ana member OF
the legislature. resides at Jusnita-
A. 4. Hummer. druggist, resides at
Ren.on.
]. Il. Paul, assessor, lives on Liberty
street. near Rainier. Seattle.
Samuel Cavanaugh, hardware business,
resides at KEN.
Noble waliingford, resides in Seattle.
Edward Richmond, farmer. resides on
Green river.
b. +. Patton. farmer. resides on White
river.
IL. 4. Fredericks, transfer business, res
tdent Of Seattle eleven years.
James Monogue. alderman, residing
In Seattle twenty years.
NJ. Danforth, marine engineer, resident
OF Seattle six years.
/ Prosecuting Attorney Miller then
opened for the state by reading the indict-
ments. He said that he expected to prove
BY the testimony that Krug was elected
as treasurer aud took Office in March, 1900,
and thus became custodian of the public
funds Of the city. That on July 2 1891, he
feloniousiy took the sum OF $1,000 from
said fund to make profit thereon. That
on that day he gave TO Henry Thurman
. check for $1,000. signing his name
as treasurer; that the check was pre-
sented, cashed, and draft purchased
with IL by Thurman on the Chase National
bank of New York. That this check will
be identified by the bank officials, and
that il was used TO buy the draft on the
Chase National bank. and that the check
was paid from the funds OF the city on
deposit. That the defendant received in
terest on the Identical $4,000 90 turned
over to Fuhrman. and that the defendant
int hat
transaction. That on July 2 no de-
mand existed against the city In which
this check could possibly have figured.
After proving this $4,000 check. that
the prosecution will prove various other
Irregularities OF like nature, covering
every day from the time krug took posses
sion of the city's treasury down to tho
time he absconded. That at the time de-
fendant left tho city and his absence be-
came known the joint financial committee
OF the city council investigated his no
counts and found shortage of upward OF
fl5o 60 and found where cash ought TO
have been uncanceiled warrants OF the
city amounting TO upward of $4,000.
George J. stoneman, city clerk. idsnti-
fei the handsomely written and em-
hellis.aed city charter which has been SO
much abused of late. and also the Official
bond of Adoiph Krng as city treasurer,
and the seal Of the city. He Was not cross.
examined.
+. .. Graves. president OF the Washing
ton National bank, was the next witness.
bat had not got further than identifying
himself and $1,000 check OF krug's.
when huge legal fight arose. When the
check was offered Ia evidence attorneys
for the defense objected to any testimony
going TO the iary under the indictment.
on the ground that the indictment was
not specific nor definite in charging in
what manner the money was used nor n
shat way the use was unlawful
The indictments against krag and his
co-Gefenaants had been demarred 70 on
the ground that the city treasurer as not
al oiiicer under the constitution nor under
the state law, bat was an officer under the
city charter. The demurrer was over
ru.ed hy Judge Humes- The law IN the
case says tha, any officer who shall use
tie public moneys in any manner nes
authorized hy law or who shsi! use ths
same IA order TO make . proas shail De
guilty. TIE indictments charges hras
with using the public money In manner
net authorized by iaw. in order TO make
rroat.
Attorney Lewis eontendsd that the IN
dic,ment should set out what the treas