The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-06-06

= hh seol yu1Gnsat e. custer vns d.
esare4 agafnst Arnoas. and Winses vas
salssed - sseevsr eosta
This 60 q WInsas aeninse Armour On
90 waR1oneo peeces1ines - cast Armour
= allagu6 that ~ pepuiaR Issiing In Ball.
n remOvfne Wiser without proper trial.
who y = elatmed. uas obuoxio1s - =
na3osity 81 The hody - acooune a. his
pessistsnes = Solisuing up ehafgss of
80 sheetaGD aGaina3 ex-City Treasurer
tssssd since winsoe's arbitrary removal
from the cosneaL
The Asasing q ~ CO. yesterday afsss-
noea hsSose Judks Lansisy brought out
ne1o1 - Ballard psepis and oil the
eoanetiasn Who ha1 besa subpunasd -
vitnssssa fos Armeus. Nj. Winsos wsas
% ths stssd II his ewn bshaif and statsd
that b W. eaecssd - o1ncs DscsmbsT 8.
isDA On tAs following ehazsss:
"BAIIArD, WISH. Feb. a. 1894
TO the City Couneil Of the City 81 Bal
Gilman Thomas Winsor With having vio-
i.asd esestee &c, articis 9, volume I. Of
toe Gods cf Waahineton. In hsving fur
nished sumhex - The city cf Ballard and
n having pfessntsd bill 70 the city for
payment 81 she saine.
'JoMs KsAsRs
Nov, therefore. b e resolved that the
once 81 Thomas Winsor, ~ councilman
I0f she eaay 81 Ballard for the tefm q two
years. b declared vacant"
The fesseoiag charges are bassd on
I'LL neds cut W Nasshali Bond agAinst
Tie city Of Ballard for e20s0 accompanied
By IN a1hdssis Of Thomas Winsor ''as
agsnt of The claimant"
Mr.. Winsoe Sid that no copy Of said
charges was sveT esTvsd On him, no trial
vs. svsr granted him. Ne witnesses sworn
In suppors a. tAs charges and no evidences
addueed n support Of the charge; that
h peoteseod n cpsn oouncil against thsar
seton, and that the rsselution ousting
him uas pAsssd without any Investigated
into The truth o. faisity Of The chasgls. At
. nesting March q, afaef he had been
ouseed. ha attempted - take his ssat and
VS. rsfussd: that no information or in-
dictment had ssss bsen Gisd against him
In any court nor hes he ban trfsd or con.
vietsd Of violation of ~ section a. the
general statutes on whieA he vs. illegally
removed
City Clerk \ o. Marsh testified - TO
his record showing tho sctton Of the coun-
cll ID rsmoving Winaor. His minutes Of
the meeting hold February "a. the one at
which Ksane introduced the charges
against winsof, show . motive for them
b. the following entry:
eWinsor submitted chaSrss aeainst ex-
City Treasurer Ksane Of unlawf0ily re-
tanning money beionginR 70 the city while
hs VS. city trsssursr In ls96 Motion
was rsconsidsred. a motion that the city
attorney b Instructed 70 bring suit In the
courts 10 recover the shortage due the city
also reconsidered IL vas then moved
and supported that the city attorney b.
instructed 70 bring suit against sx-City
TREASURER Keans 70 recover the shortage
dns the city
Mr.. Winsor closed his case with two
witnesses, aud the defense commsncsd
putting on the councilmsn, Who al testified
70 about the same purposs. namely, that
no regular Trial vas had 70 Investigate the
truth or falsity Of The charges; that q the
meeting when Wiusof was oustsd he vas
asksd 70 mako . dsfenso. but refused % do
%. declaring their scsion illegal, and that
thsrsupon they adopted the resolution ap-
pended 10 the charges Submitted BY
ksans February % and oustsd Winsor.
KeAns proved 70 b hard witness on the
crosssxamination, refusing % answer
direct until repeatedly ordered 10 do % by
the court
The arguments when the case closed
we're brief, and then Judge Langley gave
his decision - follows:
"Mr. Winsor." no said. islands upon
his legal rights. and he 10 entitled 10 have
those rights respected until properly taken
away. They can b taken away only By
fair trial with sufficient notice thereof.
The evidence shows that no trial was ever
given Mr.. Winsor, and the character Of
this lumber bill transaction was never
properly Investigated. The council seemed
70 have taken all it evidence from shia
one bill for lumber and It's ACCOMPANYING
affidavit. and acted thsrson With undue
haste. IL would be IN unfortunate condi-
ton Of things for this country il the bur
den Of proof uas ever thrown on the de-
PENDANT u would not only Be in direct
vioiation Of oil established precedents. but
II would b. = revolution Of existing affairs
60 ask . man TO prove his own innocence.
Mr.. Winsor's attitude throughout, speak
ing from . legal standpoint vas that
OF Q demurrer. He had protested re-
peatedly. II he vas guilty his demurrer
Vas availing him, II innocent his demurrer
would still avail him. The Law 10 % zeal.
ous Of the personal rights OF its citizens
that il allows no faint from presum psion
There must be . train Of circumstances
that show . man 10 Be guilty. This body
Of men. or eouneii, acted hastily and inju-
dicsaily in shsir efforts 10 carry oat the
provisions Of the law they thought had
been violated; 20 that extent they no
doubt acted - they thought VAS hight and
- good eitisenA bat they. nevertheless,
acted iniudiciousIy and proceeded illegally
in refusing 70 lot him b heard before .
proper tribunal. They should have given
him fall hearing and insisted On u. then
had Mr.. Wiasos refused % ofIsy any de-
Tense their action would have bseu legal
think Mr.. Winsor has been vrongfuliy
removed and unlawfally %; and - thai
action uAs illegal there has never
existed .. vacancy in his Office -
councilman and he stin holds the ofiice to
which he vas properly elected The else
ton Of Armour 10 the alleged vacancy Of
Winsor's place UAs, - = consequence Of
the other action. likewise Illegal and void.
and . Judgment Of ousssS 10 hsrshy dscrssd
against George ~. Armour. md the plain
Til viii recover his costa
Judge Langlsy sddsd that the present
decision would noa bar The Ballard council
from proceeding against M. winsos In .
proper form IL thsy ssiii fsit inclined TO
follow him up on this iambsr bill uansac-