The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-08-10
10 EVIDENCE PUT In.
Iucrin Offers Nothing in His
Own Defense.
rug DAY SPENT IN ARGUMENT.
xsese who Hoped for Sensations Dis
sppolnssd-Ths Case Goes TO the
gary This Morning. 20 o.

1870 Will H Thompson for the defense
80 he defense had no testimony to offer.
-. vas . complete surprise to every body,
:. Il had been whispered around that
T.eF Thorn pson, John Considine, Eugene
! re- and q number Of others had been
..mmoued as witnesses and that sensa-
.sa..l disclosures were TO be made. The
svdIence came prepared to stay and hear
/ - sestirnony, and one sociabIe fellow on
s.ek seat had taken of his shoes 50 that
!, ,eet should be comfortable while be
~ss being RECALLED with the rich, rare and
,.<s testimony that he fondIy hoped
xsald be forthcoming.
Instead of treating the crowd to such
sensations. the days proceedings consisted
4 Iepal argument and constant marching
snd counter-marching on the part OF the
tn,x. The defense desired to argue law
so.nts 90 that the jury might hear them.
III the court and the state attorneys were
spposec to this and the jury was ordered
"a, Of the court room on each occasion.
The Jury left at 9:i0 a. m. and returned at
4san m. Il marched out again at 3 80
nd At s 80 took recess of five minutes
"a marched out of the court room, but
u540 the jurymen again filed out like
soldiers and will return at 8 o'clock this
morning.
The legal points have all been argued,
he closing arguments have been made
md the case viii go to the jury shortly
snsr 9 o'clock Friday morning, when
judge Glasgow has charged the jury.
One matter tina. has bsen overlooked In
tAs case Is that counsel for the defense
admitted by stipulation that, IL John
Collins had been In the city, he would
lave testified that c. III. Lugrin was man
sginr editor at the time OF the publication
q the alleged libelous article on June %.
At che opening Of court Attorney VIII
II. Thompson arose, looking as fresh as a
lark. He wore o scarlet bouttoniere, and
With his long Prince Albert coat and
rudlous air, looked dignified as deacon.
Holding his gold-rimmed eye glasses
dalntily In his right hand between his
thumb and forefnger, he said:
1--WE rest. II your honor please"
"The defense rests r. said Judge Glas-
gov, with rising infection. and ina tones
which betrayed the fact that he was sur
prised.
Yes. POUR honor, We rest"
This announcement caused the socisble
gentleman in the back seat to begin put
ting on his shoes and to otherwise make
himself ready to leave the court room
With several others who were not hands.
capped by the necessity of putting on their
foosgear. oo9
Attorney Allen then arose, and, with q
pleased look on his face. said that he had
prepared some instructions to the jury,
which he would submit TO the court. To
this Mr. Thompson objected, as ne alleged
| that the municipal court was one of
special jurisdiction, having the same
powers rs the justice courts. III, how
i ever, the court decided to instruct, he
would Insist that the rules of the superior
4 court be observed and that the instructions
q h presented before the argument Judge
Glasgow did not share Mr.. Thompson,s
rev. and held that he had the same
powers a. the superior court so far as the
ass before him was concerned, and that
sxonld instruct the jury after the argu-
snts we're heard. o. CO.
nordsr that the jurymen's minds might
tsi be muddled by the many authorities
hhe quoted, they were excused until 2:30
D he afternoon.
The interim between 9:10 and $50, with
the exception Of the lunch hour, was con-
Emed BY Messrs. Thompson and Allen.
The former, IN behalf of the defense, con-
tndsd that the fact that Mr. Lugrin had
charge Of the Seattle Telegraph. and that
he was the managing editor of the paper
a snd in that capacity had charge OF its
publication was not sufficient to go TO the
inry on. He held that the state had failed
TO establish case against Lugrin end that
therefore the court should instruct the
jury TO bring in verdict of acquittal.
The attorneys for the state contended
that case had been established and that
q tie only question to be considered was as
g whether Lugrin was the party response
hs for the publication of the alleged
Aasious article. All that was essential had
Ren proven and thereforethe court should
Instruct the jury in accordance with these
Hsss Numerous authorities were quoted
md much Of the legal straw of Wednesday
vas Refreshed. .
Al $50 O'Clock the jurymen returned
no dser they were seated Deputy Prose
enng Attorney Daniel Bass began the
epsahg argument for the state. Mr.. Bass
sna read the information, which con-
Mhed q copy of the alleged libel and the
iii sspsnation OF the phrases used therein.
!. lasy we're to the effect that Rogers while
III 1'ei Of police had received brides from
sanders and other unlawful characters,
an1arn for which he protected them
ssm Inc rigors of the law. Then Mr..
esss defined the law of libel and what
.s necessary TO procure conviction.
. efdef to prove this particular case it
'nnecessary 20 prove that the article was
~ "a . <.a
sosioas and that IL caused the party
aasaed TO lose public confidence and
'esA and TO be exposed to contumsiy.c
-. hsss strongly contended that all this
80 been proven, AS the article was libel
~ per se, as il held Chief Rogers up1 90
s-saerdienle and contempt tie held
~ Ar. Lngrin had been for along time
~.sss'ai manager of the Seattle Telegraph
- such had coatrol of the paper, and
therefore, responsible for its utter
tie thought il peculiar
=" Of the case that none OF the en-
rsie who testified knew who the man
- sulsoF was, and stated that it was a
- ago-as-yoa-plsase paper, where the
aeeFs Of the different departments did
'asy Pleased. and he compared il TO
Av going ahoat the country without
IN deciding the question of the
$50. Legrin the fact that he caused TO
se'shed other hbeIons articles both
~ AID after the one Published on June
saia be taken into consideration.
- re proceeded to read these articles,
d.. - say IN the article published on
- snAt they only wanted one hour
s,sa-sss 70 have demonstrated TO the
a. s1at MT. Rogers Was unfit 90 be
ars y y police and they have had sixty