The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-03-01

Geeosnp - - asfsEn nsosss-9hs
Bnso1tss - ~ ssssas-sea
vsnosGSss ESass.

ln6 r. ~v5douce IN ths Issusee enbsssis-
Nent 60 beenn this mornine. Isen1ss -
SSwes1 eftk esuvertsnx - no 0un uss
go lnfl1ng - aeeount Tor approximAtsly
o00.Ooo ~ puhifc m0ssy intsustsd 70 kim
. tronsursr Of the e4ty ~ New Wh&tccm-
The sesud asnCsns a his shortage. hou-
eyss. - provsn ~ his books. II about
e53.n0o He h repssssntsd by II. 4. Fair
ekfsd, ehafsmnn of she kspubiieAa county
euatxaI cpmgaittss. 4. L. bfack. prestdsnt
~ shs Board a. Trsds. snd his partner, =
3. Lsemisk. While tle stase's eass h ~
ehayes u County Attornsy Newman and
His partner ard Assistant Attorney c. Il.
Howard.
Psscsdise the opening statsmens Of the
otase's attorney. Isensss's counsel OBJ
1octed In genersi terms 70 The indictment
a the ground thas Il does not state
yncte sufacient 70 censfisate crime: that
u A0n MOI Attempt to describe or support
. separate and distinct cr1me, in that,
uhiIe = purports 70 b. drasn under sec
Tim ~ u His Gods. ~ Ssai.y charges IN
offsnss undes sscfion 81. snd thss II any
csinse II charged both crisnss covered by
eaid ssrtions aro charged and the indiet-
Asns = vojd for dupiicity: thxs the indict-
ment II too indefinite and unnertain 20 Cd
mit 81 she introduction Of evidences. that
u does not state che time Of She commence
Menf a. lssuseefs tsrfu, or show that his
succsssos Mss elected or appointed or that
NJ hiss qualified: that it does not show
that any demsnd sas made upon Issnsee
for the funds alleged 70 have been en-
hexsied; that Il DOES not show whether
he II chasesd with allure TO account
oY With ussnK said funds for the purpose
~ making profit out Of tho same. Tho
objections were oil ovsrYnled By the court,
end exesptions allowed. Al the outse; OF
his opening statement to the jury. the
epunty attorney ssked the clerk for the
indictment In the case and the clerk mad
veStsptiy handed him the f1rst Indictment
presented ~ the grand jury. when Issn-
- vs. In British Columbia. and which
sin1ietment ~ dismissed by order Of the
court A part Of this indictment was
yead bsfors the ssror Was discovered aud
1sense<fs counsel objected 20 aEy further
procedure on the ground that no proceed
3nes couid legally b. had 10 . cause In
which former Indictment had been pre-
eentsd snd qusshed The objection was
ovssraIsd and as the conclusion Of the
eounty attorneys statement, lsensse's
3ectiouD stated previous 10 such state
msnk laying special stress upon his
declaration that the oifenss charged Il an
odense covered only BY section 81, whereas
the Indictment IL under section a5. o. first
stated several weeks ago in the Posr-Is-
sxLlfsEncEn. and further that no such Of
tense - ''iascsny BY embcxxlsmsnt" IL
knows - oar Law. Counsel for the state
A. L. A. Il n
would not b disputed thst the indictment
waD drawn under section IS. but that IL
the defsndant u found guilty Of embezxie-
meut, : crime will have been proven
Nhtch = punishabls either under sections
q Or 81; - 70 the oiEanss charged be con-
teudsd that under the rules Of criminal
practices IL VS. altogether immatsrial. II
mAnslaughter wsrs charged and the de-
5sndant wsrs proven guilty Of smbesxie-
msnt u would b the clsar duty Of the
Jury 70 return su.h verdict The objec-
lions were ovsrruied and tho states first
witness. y. Christman, the present deputy
city clerk and the expert accountant who
sxaminsd Issnsee's books a. treasurer,
Was called.
During the opening statement Of tbs
county attorney . little nutter was occa-
esoued In tho court room by the arrival Of
Isensse's wife and two little children and
his wtfe's sister, who took seats near Isen-
see. he occupies seat inst within the
rafting. and has not Jet appeared TO mani
fest much interest In the proceedings He
seldom speaks 10 his attorneys. and main.
tains m cir Of stolid indifference. The
city attorney and assistant counsel for the
city In the prosecution Of the civil case
against lsensee and his bondsmen are
cicse attendants at the trial. and make fire.
qusnt notes OF tina proceedings. Tho re-
maindsr OF the morning session vas occu-
pied In the Introduction. for Identification
by Mr.. Christman. Of numerous public
records relating to the consolidation Of the
towns now comprising the city OF New
Whascorn and covering the entire
period OF fsensee's terms of Office
rs treasurer. Counsel for The defense
intcrposcs objections 10 almost every step
OF the prosecution, which in nearly every
instance thus Far have been PROMPTLY
oyerrused by the court. The examination
OF Ghrlstmaa was continued all this after
noon, but not concluded. The testimony
I'll relates 10 witness knowledge of the
city books and records from February Ia
1901. 10 September IL. Issls, aud the bal.
ance sheets funie by himself and Account
ant Atkins, showing the condition of the
various funds, Ills not easy to guess Mt
the line Of defense. AZ the facts of the
shortage and failure TO account for the
same are sesfevsdent and cannot be con.
troverted. Counsel for Isensec contend
that section IS of Hi,l's code. under which
she indictment 10 drawn, does not apply
- pubic officials. while the prosecution
contends that IL does. and ia support OF
this position cites resent railing of Judge
dames In the kFug case in Seattle.