The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-03-17
THIS Is KRUG'S DAY.
Testimony for the Prosecution
Has ALI Been Submitted.
THE DEFENSE ASK A NoN-suiT.
YsStfmeny for shs Defense VIII BE BRIEF
One Of tho Jarymen Not Allowed
30 Bee His wife.


rested its case and the defense 10 making
an anle and exhaustive argument for
nop-sni. All the evidence offered 10 con-
vict the er-clty treasurer Of srnbezziiny
the CITY funds could have been given TO
the Jury. II unhindered. in half = dag. be-
ing airios. entirely of q documentary
character, but the innumerable objections
raised By the defense have prolonged the
time In which the evidence could oe pre-
sented over four days. In the main The
objections raised by the defense, argued,
~ they were, never so ably or earnestly,
have been unsuccessful, and the proseeu-
ton has managed 70 gee before the jury
nearly all the evidence IL sought 20 intro
duce. Nevertheless Krug's defenders
eisim that the state has failed 20 make out
. case and ask the court TO Instruct the
fury to bring in a verdict Of acquittai.
Judge Moore has shown great patienes IN
conducting the trial. and from the amount
Of Law which has been quoted to him he
mast have fancied he vas once more at
tsnding lectures.
All this has made the trial very tedious
one TO a person not fond of traversing
. maze. and the attendance of spectators
hiss been quite limited. Now tina. Krug is
likely that greater popular interest will be
shown in the proceedings than hitherto.
Whatever the defense may be IL will be
brief, az counsee assured the court yes
terday that in case the motion for n non
suit should be overrulei. the case for the
defence would be entirely submitted to-
day. Whether krug himself will take the
stand 10 not known, but il is thought that
H. e.. r. A. b~Ex.
The first witness yesterday morning vas
Sheriff James III. Woo.ery, who testified
rs to the flight OF krug on September IL
and bis subsequent capture I'D 81. Paul
and return on the 23sh. lie found krug
In Jail at ST. Paul on September %; had
conversation with Krugs attorney on the
subject Of habeas corpus having been
sworn out for krug at ST. Paul for the
purpose OF procuring pay for services rem
dered him. Before he left here krug wore
= mustache and no beard. when found
in st. Paul he had abou. a weeks gro h
Of mustache and beard and wore u new
suit of clothes. different from any worn
here. krug told witness that when he
lefs here he was on his way to Chicago.
He went from here 10 British Column via;
told witness he was in Vancouver, also in
New Westminster, and went east over the
Canadian Pacific railroad.
On cross-examination witness said that
krug Was free and frank In his converse
ton. He told him he was going TO meet
his attorney, Mr.. Gilman, who had been
(. home TO Maine and was on his way back
over tho Canadian Pacific krug ex-
pressed perfect willingness to come back
Witness knew that the habeas corpus pro-
ceedings were not instituted by krug him
self. but by persons in Seattle. who did
not wish krag 10 be brought back here.
City Clerk George }. stoneman was re-
called and brought into court the record of
the proceedings Of the board of aldermen
and city council. containing the record of
tho canvass OF election returns showing
the election of krug as city treasurer.
which he identified. and proceeded 10 read
tho record. The oath of Office was SINH
larry introduced and the witness was not
cross-exaninei.
James Park, assistant cashier of the
Washington National bank. identified tho
signature of Adolph krug. city treasurer.
TO the - 600 check given by krug To Fuhr
man. Witness brought tho books of the
bank, and from them attempted 10 show
that the cheek was paid and charged 10 Ia.
account OF Adoiph krug, city treasurer.
The testimony was not admitted. because
the witness did not make the entry him.
sclt. and tho book was excluded. There
was no cross-examination.
l.. II. Ross name was next called but
before that individual took the stand his
counsel, John II. Hart. informed the court
that Ross was also under indictment for
his Transactions with krug. aud that he
had advised Ross not 10 answer any ones
tions bearing upon those transactions on
the ground that his answers might tend to
crlmnate himself Judge Moore said tho
witness might be sworn anyway. and the
objection made IL the nature of the oues-
ton warranted IT, Ross had been served
with a sahp@aa dHcrs team requiring him
to bring into court certain memoranda of
his transactions with krus contained in
notes from krue 20 bin. When asked II
he had brought the memoranda into court
ss ordered, Ross replied that he vas undsr
Indictment aud that hc tccljaed To answer
the question, lest his answer would praia-
dice his case. Judge Moore said that IN
view Of what Ross attorney had said he
Understood that Witness meant 20 say th at
his answer might tend 20 cfIminate him
self. aud he would therefore he excused
1T, ". Thaanum. exchange teller of the
Washington National bank. and book
keeper Of that hank ia June and July of
iSi2, identified the s1.eo check made ~,
kr0g TO fuhrmsn and from the book. Of
the bank finally succeeded in PROVING ia
PAYMENT
Andrew Blackstone. deputy comptroller
hroagh, the register OF Warrants issued In
lisa, containing receipts for all warrants
Issued. Prom this to testified that on
July :. tsa,, no warrant vas issued or de
itvered 10 Mr.. Thurman. EXCEPT the salary
warrant Of the ctsy clerk for sitsitsi. which
vas paid on July = There Vas no warrant
paid Hcnrs Thurman on JuIy :. is9s. ae-
eord1nk 20 the eomptrolier's books.
The prosecution then announced that
all SIS testimony bad been Submitted.
After hrief colloqay among counsel
To- IA" defense II Was moved
shei the court reremGtorilv in
stract the jury 90 return = verdict % not
guilty los four reasons. - follows The
sia'e has proven - oseass against the
defendant, y 80 oitense has brea proven
at al FFltua iac;e IL = net the often So
charged in TIE Indictment; II rroven any
otfense 81 al n s an oflsnss committed in
New ork, tae statute under which the
indictment ~as drawn il .uorere,.xs an,
no Judgment ooula lie entered On sv.~.gt,,
In that the ssasuts does not define any az
tense and the court Is left - s!rrne IN. ~.
Tense. Mr.. Lewis stated that Nj. 80.
hack would argue tie nrss t~o r-or,,i.
tsons snd he himself the asst twA Whus
the argumeat Mss In progress the i,,tx
we're permitted 10 retire.