The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-04-07
The Jury Finds Him Not Guilty
Of Law-Breaking.
WHOLE DAY SPENT m ARGUMENT
AteeYneys Costesd win Esssssnee ana
Irosy for And AGainss Him-ons
Hear Erfngs . Verdict

y =
Minutes. He wss not surprised a. shs
verdict. bit seerssa greatly pleased over IL
- BE Jeff ths esurt room. where since
Moaday asorpiag his trial had beer in
progress. The verdict xas the one sr-
reesed By the nasjority Of those ~ho had
attended the trial and were familiar wisn
the svi,enee. The main posas raised By
:he cefeass in argument vas that there
was no evidence showing that a. the
time re loan Of sIo,so1 vas made
there vss any agreement that krus
sbo aid make rroht from Thurman, and
there the whole case hinged
The whole day wss devoted 20 long
speeches By the attorneys, and IL sss -
O'Clock last night when the prosecution
eioSed the argument. Judge Hafnes de-
Hsesed brief Instructions 20 the jury and
~ s:s3 O'Clock 10 retired 10 deliberate.
Mr.. Thurman and Esoss OF his friends. Of
whom . score or more we're regular az
PENDANTS at the trial. remained 70 hear tie
ysrd.cs. which vas brough. in a. III %
O'Clock. Ii Was generally expected that IL
would be ~ least Eve hours and. perhaps.
twice that tlms before . verdics would ps
reached.
The court room was fairly well filed yes
terday morning v ben eou Aopened- Many
women we're present and Nrs. Fshhrman
cat inside the raj. near her husband. Many
of Mr.. Fuhrmsn's friends we're also inside
the rail. The prosecuting attorney hsd
furnished the opening argument for the
state on the presisus evening. and it was
nov Mr.. Aliens turn to open the argu-
meBt for the defense.
He FIRST cited his authorities TO the
court. In the old territorial days, he
said. the city treasurer was responsible
only to his bonesmen and could use the
money as he cav IL. But under the con-
stItution Of the state 10 Was . different
matter To use the city money. for it was
made absolutely unlawful 10 even loan
the money 20 q bank, or deposit II. as the
gentle term vas. Yet, after all was there
any difference between a bank and an in
diyidual ~ long rs their business WAS tie
same7 The big glass doors, mahogany
counters, iron and brass netting and rail-
ings o. stone building did not make a
bank.
BRt thurman, although. like the banks,
no borrowed money, did not in fac, get
money. As soon as the money was loaned
TO the banks, its individuality, which under
the constitution had to be kept absolute.
vas at once lost. IL vas gone from the city
forever. All that the city had vas demand
against the bank for the money. oniy q
bank account. the money was - much
shs banks as If the city had never had il.
Then shy had the state right To come
into court charging that the defendant on
frial in this case had obtained SIC. 00 Lac.
full money OF the city. when in fact hs only
obtained . ereai; from tho bank in a
transaction In which the city could not
figure7 II would be Just rs senssble. for
example. that IL the chief Of police should
sell 10 butcher a beef steer of the ciiy's
entrusted TO his care. the city should then
prosecute the persons who had bought The
meat on the charge OF eattic-stealing, and
prove the theft of . butchers account: or,
IL the chief OF the IRE dsnart.
meat should cell one The horses
entrusted 10 his care, TO prosecute
some citizen on the charge Of stealing the
horse ard prove that be had merely re-
eeiyed xa order from The man to sho,n
the horse was sold on a iiverymsa in New
york Tor horse or its value. si0o There
Was q fatal variation OF the iadteimen,
and the proof. Mr.. Allen then cited
cass from the California .Ssrrxsas Coars
Reporter, where. under a constitutional
pFosskioa exactly the same as ia this
STATE. II was decided that the city OF Los
Angeles hal no right to loan out the city
money aud thas the money Vas gone fof-
ever. II so loaned. This was exactly What
had happened IA Seattle IN July. isas:
there las no money IN the city treasury,
IL was gone forever. The city yet had an
account with tAa banks and demand
against them for the nansv. but no money
In them and no security foe The money.
Mr.. Alien then cited large number OF
cases a here IL bad been held that tue ale
CATION ia indictments lawful money"
~as not sustained by the proof of pfonis-
sorry notes. orders, hoaas, or eyea of ma.
tioBsl "a NIX notes.
IL iooas as II the slate had heen irving
% prove not that NJ. kuhrmAn had used
the public money "a a manner not author
tsa4 by ias. bnt thAt Mr. Thurman had
usea The money Tor bis osn proAt There
was no sSideses 10 sAos that Mr.. Fuhr-
man paid she interest &c krag Ia any other
tasn an Official capacity. sRa II krug did
not aeceunt 30 the city for the ia Gerest IL
was ga otisnse subsequent, aud one with
which No. Thurman hal no connection
whatever
The court took its noon recess At thl.
point, snt at | ~ O'clock Mr.. Alien con.
tsased hGs srgumsnt ~ shs fury. lie nrst
tpoAs It the dramatic and passionate An-
peal the prosecuting attorney had made
foT eonslctson. trying ~ sexi the Jury
against tte evidence. TO find the dese aLAut
guilty, lie next told O. Mr.. Fuhrmsn's
Previous good character. and awsas ea the
itapFooahllity shst . man Who hal built
nP saeh reputation untli be hsi yassed
tie meridian Of liza woatd so far forget
himself a. 10 - guilty Of the offsase
charged.
SenAter Allen wrnt on Ia review the con-
sssis0n 81 the ansncsai affairs of the CITY At
tire tsaas ~ M. Fahrmaa.s connection
with Toe purchasing Of tire warrant, ana
bis lending assistance 10 she then Officers
oi ias Ely, 10 he,r them oas at the esahar-
fRsstaE s3fu Assoa sud provide ranas ger
the pas aaeat og tas laboevrs Mr. Fuhr-
man lad advanced the monpv when Ail
oshSF capitalists of tA.s comm antGv had
hela slo9i. nroa tAs r.~feseatAisen tina,
the warrants ~oala ss RS ,ssnea bx
trSns9er ~ sl-a.uoa dus from the uAsrr
fund I'd the salary faaa. NJ. FuhrnAn
had eeaghi those wzrrsa = a. So, cent. a.,
the dellar when hs eoui8 havs SOS th..,,
sos a. csnts. aad 20 dgsgt,sei ct sa-., a.
what ihey cost h4ra. ~sshoct cent AZ
profit To hisnsest. ia order ~ cfes.aa A..
ket for the same. sn8 upou - ~r.t.~n
guarantee as "a their validity. wE.eA as
douesfal question A. Ehat tine. Later.
when the warrants we're rot ressssnssd. s.
though &ss.o % tss essy's naoasy sas
lying Idle "A The banks shrOash ths same
teehnseasssy. Mr.. kFas had loaned Mr.
4 L. Il H.