The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-03-18

Henry Fahrman Was Transaction abous
money.
sThird-where was the oTense con-
sunma.ed. in Seattle or New YORK; The
gist Of this ofens- ID the conversion OF the
c1ty's money 10 some purpose or in some
manner DO. authorized by las That con-
version took place IN the Washington
National bank in this city, when the ce-
PENDANTS account ss city treasurer was re-
duced 1000 by the Henry Thurman
check being charged against ". and the de-
feadsnt had thereby deprived himself OF
the right to demand immediate pay ment
Of that sum from the Washington National
bank. It follows, therefore. that the Of
tense Of conversion Of the cItys funds TO
sorne purpose rot authorized oy Las vas
consum mated when the Washington Ma
tIonaI bank honored defendants check
and issued TO Henry Thurman New York
exchange for 10. And that occurred WITHIN
the jurisdiction OF this court. That the
dsfencant used money intras.ed 20 HIM IN
his official capacity there caf, De no doubt.
The account be kept At the Warrington
National bank w as IN his oftcial character.
The assistant treasurer proved the placing
Of the city's funds to the Official account OF
the ds.e ndant IN the w Washington National
bank. The president of that bank proved
the placing Of the proceeds OF bonds TO
that account and that on July 2, ies2.
there was more than sufficient 10 pay the
Thurman check TO the account oil defend
ant, as city treasurer, all OF which salts
factorily established that defendant, as
city treasurer was in the possession OF
the city's moneys; that the defendant
could have acquired these funds IN any
other capacity than as city treasurer IS not
pretended, and go, when the defendant,
the duly elected. qualified and acting city
treasurer, got moneys of the city OF Seat
tie they were rnoaeys Entrusted TO him IN
-. n l.
matter from what source. how or when,
such moneys we're acquired by the defend.
ant
FINALLY, having alleged lawful money,
Is there fatal variance when the pro.ecu-
ton only shows that money was the sub
ject matter of the oifense charged and
leaves the question of its heiDg lawful
money or legal tender money unexplained
by evidenee7 Under the code the plead
ing Is TO be literally construed in favor Of
the pleadey aud the provisions of the code
are all to receive liberal construction to ef-
fectuate the legislative purpose. Under
subsection 8, section I ,24&. the pleading
need only be In such plain and concise
language as to apprise person of ordi-
nary understanding what was intended, 1.
e., what charge was made against defend
ant tor which he was 10 be tried. Under
the provisions of the law of this state IL is
intended, If. intended for anything, to re-
!ieve the state from any of the tctions, re-
hnements and ausurdiiies which have
been so often resorted TO for the purpose
of hindering, delaying and defeating the
enforcement Of the criminal laws, the con-
struction to be given the term lawful
money is tina. money only is meant,
and that the word lawful is mere
surplusage II IL quite different
from alleging the larceny of one deserip-
ton Of animal or article and proving an
-
Georgia case cited by Col. Lewis this morn
ing. where the allegation was zone dark
bay mare mule and proof was made Of
'one mouse coored mare mule This
was fatal variance or failure OF proof
The indictment uses the term lawful
money the statute the term money the
proof IS that the payment was in money.
II money and lawful money mean the
same thing IN the contem piation OF law,
and the proof Is that money was paid,
then the proof has followed the allegation
and corresponds with IL in general tenor
and effect. Mr.. Bishop in his work on
Statutory Crimes, section 3t6, says: The
word money means, IN these statutes, only
what is legal tender Money is legal
tender. lawful money is legal money or
legal tender, hence, then. according TO the
we!l-known mathematical axiom that
things which are equal to- the same thing
are equal to each other, If money is the
equivalent expression for legal tender and
lawful money is equivalent to legal tender.
then lawful money is money and must be
so understood for the purpose of this trial.
The nctions and retinemeuts of the
criminal law have outlived their useful
ness. They once served great, benevo-
lent and humane purpose In that law.
They were the inventions of the English
judges 10 save the English subject accused
OF crime from the atrocities of the bloody
Ia n psfiu han
than fifty different crimes were punishs-
bic with death, and when an Eng.ishman
was hanged and drawn and gu VI tered with
less consideration than one of our police
courts would give To petty thief or those
charged with any of the misdemeanors of
which II has cogntzance. The spirit of
the age in its humane progression had ad-
yanced Tar beyond that bInoiv code. aud
the English parliament had done nothing
To anei iorate Its horrors anu the English
Judges were To enforce laws which had no
support In public opinion or sym
patty, which had been condemned
by the spirit of the age, and
whose enforcement did oience TO their
humanity and their sense of Justice. The
same great judges. or their predecessors
IN office, had resoTted Ia their ingenuity,
and by fiction aud refinement, ny fines and
reCoveries. and other inventions oil their
genius and learning, had enabled the
Es14RtAHu fstoFsS I'd transfer tNelr real estate,
and otherwise ameliorated the harsh
conditions of the criminal law: AMI in
the interest OF humanity and Justice they
set themselves about 10 destroy that mon
ster in English judicial history known as
the Bloody Code We have as an in
herttance the results of these benevolent
and ingenious efforts wherein the English
judges, With all the great power of their
office were endeavoring not 10 enforce the
law. but 10 prevent its enforcement And
these results of their efforts We have rs
presidents even unto this day. shading the
language of Judicial utterance and color
ing tue results OF Judicial labor.
To such an extent has this gone
that our courts have been reproached
that they can only enforce the Grim nal
laws against the monevless the friendless
and The torlorn. To such an extent has 1,
gone that our legislatures have interviewed.
and have attempted TO relieve this state
from nciions and retlnements which are
no longer necessary 10 protect the citizen
against rae state. and " hose chief results
10 ohstruct and defeat the enforcement of
criminal justice. Ii the contention OF de-
PENDANTS counsel is correct. then these
laws can have no effect. and ii is limos
sie4e 70 bring 10 justice those whose of,i.
clal misconduct may have hsnkrup,ed the
rToadest cities of the state, aad even the
STAKE itself Whereas wise INTERPRETATION
81 these laws reconciles them 70 all the de-
mands 90 Justice 10 person accused ~
crime, and Will save the courts from piti.
ale exhibition .; ~ ant of power 10 en- fofea
'hos" 4sNs on which society depends Tor
protection.
Before closing desire 10 exures. NV
qualification al the exhibition OF courtesy
IN each other. and To the court, and At tho
evidence Of align iawyersbip which has
marked TIE course oi counsel IN the case