The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-05-23
THEVEALERSGUII.TY
T1enfy-Nine Sentenced to Ne
NeiI's Island.
vAk,aA CITIZENS asleAseD
Ssaes msssssA~s Dseassss - Ysf1-Ths
Lsess OA4sssssns ~ - D.
sssss OssrwulsA.

rhs thai Of ths drst batch Of thirty-Gvs
Wealsrs, which has oceupssd the sttsn-
ton 81 the United States court fos one
week. uas concluded yesterday aftsrnoon
ADD, asssr m able decision delivered ex
tempora, Judes Hanfosd aiscnarged SIX OF
the men and ssns the remaining twenty
nine % NeNsiiss fsisnd for sixty days.
hold Ing them all guilty alike.
The sig dischafgsd vsfs Giibsrt O. LIS
Ter. John Hays A. Dohi. d. Bsrmar. A.
johnson and J. I. X. Howell.
The twenty mine eonvictsd we're: l. A.
! Appleton. J. Alien. August Brouss. John
Flyers, r. IL Cochran, John Dssgnis.
wiiiisTu Edwards, r. Friend. n Graham.
A. Gfosser, Joseph Grady, VIII Graham.
Charles Hehsrman, ]. Hubanks, r. Hop
kfns, Willis johnson. William Kearney,
A. Kanrian, Juiins Kailin. A. Il Lewis.
J. q. Morgan. II. O. Ness. G. O'Brsn,
William Savage, A. c. Eansr, =. Thomp-
son. 10 Thompson. Thomas Wi~ss and
John Walsh.
The men wefs - ones returned to the
county Jail and . second batch Of eaghtsen
msn brought up for trial, and the after
noo-. consumed In hearing the evidence
offered by the prosecution. These eighteen
men were Yakima citizens Who were In
dietsd for melting 70 riot and interfering
with the United States officers In the dis
charge at their duties. and aiding the
wsaIsfs IN takins forcibIe possession OF
train In charge Of United States mar.hais.
Twenty-eight witnesses we're heard for the
prosecution, bat al showed such 3 reiuc-
tsnes In tessifying that u was qtsts evil
dent that . general understanding had
bssn reached BY Ill the witnesses 70 say ~
ltttls - possible. The result was that at
SIS Judge Hanford said that unless the
evidence yet 70 come wss Of more posi-
tive characss. he would oct IN the matter
It once. Judge Bftnker stated that the
rest OF their evidences would BE- merely
cumulative. Judge HAnford then an
nouncsd that he would discharge all the
defendants except James White and Peter
Kelley, whose trial would b continued
tomorrow at 1 O'Clock In the United States
court room.
The Yakima men relieved from duress
BY this order were Nat S. Yates, Il. II.
Libby. H. J. Kuschlef. Charles Lilly. Will
lam stegisr, Sim Null, William Myers. II.
8. Davis, Thomas Lunn, q. II. Apologize,
H. b Doust. @. w. Roberts. l. n. Krutx,
g. A. MArshail. G. y. Parker and John y.
ConnsIL
Judge Hanford's dec ision In the iirst
case clearly reviews all legal questions
raised, and u - follows:
II viii give you my occasion Of this mat.
ter now; and. first, | will refer 70 the
points ofiaw that have been made on the
Argument
The nrst objection to this proceeding IL
based on the ground that the acts charged
against the dsfsndsnts are tadictabls 40
An mnm h. - -
States, and u - urged in argument that,
congress having provided . punishment
pursuant TO the rules and msthods
and under the constitutional iimi-
satsons applicable TO criminal cases.
tt U The vlil Of the lAv-making power
OF the power 20 cot othsrwtss than accord
ing 10 the procedure In strictly criminal
cases. Such 10 not the Law. Tue supreme
court Of the United States has passed
directly on the precise question, In con-
tempt cases and has decided that tho
power and the right Of the court TO deaf
with parsons guilty Of oontsmpts, punish-
able BY reason OF being con tsmpss Of court.
exists, although the parties may BE- SUBJ
1ected 10 Indictment for crimes growing
out Of or committed at the same time anu
Ia the same transaction. sndsavored TO
obtain volume l3l Of United States Re-
ports containing this decision 70 cali more
tract from the decislon. IL was q case
that went M from Judge Ross dis
trtet ia California. Ii Is the Sayiu
case IN the i3lst volume. In this
circuit the same fulc has been affirmed
and acted upon IN the celebrated con-
tempt case OF Judge Terry aud his wife.
Alter being sentenced aud punished for
conteinps Of court they were indicted for
the sai.io acts, aud after Judge Terry's
death his vile vas placed on trial and was
aetuai.y Hiea h, San Francisco before
Judge Ross for the ssms acts under IN
dtetnvna The jury disagreed in the case
and = second ttiai was never had. bat
tho judges OF this circuit atge Field.
Judge Sawyer. Judge Hoffman aud Judge
koss-ali at different timcs passed upon
She question and sustained an Indictment
for tile same ucts after punishment for
contempt had been suffered.
Now, ~ 10 tho right Of the court 10 try
tho defendants here ~ Seattle In the north
ern division. lFemain Of exacily the same
opinion that Vas expressed in the decision
Cs The Wan Lee case. - 10 all matters that
were tnvoived In that decision. The opia-
Ion that waa written mar be little obscure
Ia us phrascosogy In one or two places,
but the ideas Mat ran through that opinion
ere my ideas nov in Gil respects. While
this case partakes of tho nature OF crimi-
mai prosecution IL 10 not q case To be dealt
With as one IN which . crime In
charged which must DO proceeded
with In accordance with tho iimifa-
sions prescribed by the constitution
OF the United States. The constitution
an providing that persons accused OF
crime should enjoy q speedy pubic trial
by an impartial Jury. within the state or
district which ths oisense is alleged
10 have been com mitted, had no intenllon
OF deprtving tie courts of power 10 en-
force their orders and their process, or 4,
deprive the court OF the right TO deal with
those who. In coutenps or dehanee of its
authority. resist or oppose ths operation
es the process Of The court Tais has been
great many times affirmed in all the
couEss Of ne land, including the highest
court
.'rhs argument that 10 made. that the
court whsea holds its terms At Seattle for
the Northern division II . court for Ger.
tain counties and therefore 10 10 not A
coart tor Yakima county and without ia
risasetlon ~ handle or Zeal with sraasae-
Iona occurring In Yakima county. 10
Ha argument that, Of Itself, must
resate sas contention made in bxaail
OF The defendants In tAis case. fer
this rsasoas That II the court hasain,,
tsxfns N Seattle ia tho Northern dtxtssoa
IA not eears Tor other rarss Of the state.
thea DO ether court for osasF parts Of sns
stale coaia pnnssA for contempt os the eoass
Tor the NoFshssn dislss1a; aud II tais
eears sanno, punish cen tsmpss committed
ese~ here. eeyana the territorial limits of
the Nosthsrn diytssoa. and no other court
can ranish Tor sacA eontsmpta. then shs
process ~ has eoart cannot be enforced and
IL ceases 80 Re . court TO make aeessaea
that ths eoart In without power 70 sHsore@
It's orsiers a. Ear ss II has Jurisdiction 10 sx.
tend ia process to practically 10 ab-
"a ExsM Nf -