Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1895-07-20
NO CHANCE FOR KRUG
His Sentence Confirmed by
the Supreme Court.
THE GRAND JURY SUSTAINED


Olympia, July 1.-THE supreme
court has filed an opinion affirming th'
Judgment in the case of the State, re
spondent, VS.. Adolph krug, appellant
Krug, as city treasurer OF Seattle, was
arrested for approprlating to has owl
use $4,000 OF the city funds The
grand jury returned an indictment
under section 81 of the penal code, and
trial was had before Judge j. Il.
Moore, of Spokane, i'll place Of the reg.
ular judge, Hume. The appellant III
troduced no testimony III his own be-
half, but demurred to the complaint
and raised many objections to the III
PRODUCTION of testimony, but upon the
testimony of the state he was found
guilty as charged. A Judgment was
pronounced, from which an appeal was
taken upon the errors alleged. The
first contentious was that the court had
erred in not sustaining the motion to
quash the indictment, on the ground
that the grand jury was not properly
selected. This the supreme court did
not sustain, as there was but a slight
irregularity which did not affect the
substantial rights of appellant The
next contention was an effort TO show
that section 5 Of the penal code did
not include within its jurisdiction city
officers. This objection also the SUI
preme court set aside and remarked;
1t would destroy not only the mani
fest intention of the constitution, but
of the statute, to hold that this proyl-
sion of the statute did not apply to
treasurers who were directly elected
under the provisions of the law.
The vital question, the supreme
court holds, is embodied III the conten-
ton that the demurrer should have
been sustained, because the Indictment
did not state facts and was not direct OF
certan IN charging the particular cir
cumstanoes necessary to constitute
complete crime under the law; but the
statute especially provides that the or
binary requirements of an indictment
may be omitted from indictments of
this particular crime, and the penal
code is quoted as saying:
1T shall be sufficient to allegc gen
orally in an information or indictment
that an officer has made profit out of
the public moneys under his control or
has used the same for any purpose not
authorized by law, to a certain value
or amount, without specifying any
further particulars in regard thereto
and on the trial evidence may be given
of all the facts constituting the otfense,
and the defense thereto -
ut is contended by the appellant,
with some show of reason, = says the
court, that the information furnished
in this Indictment is rather of q meaGer
quality as well as quantity, and many
cases are cited. The supreme court is
of the opinion, however, that they can
all be distinguished from the case i'll
point, and on account of the impossi-
bility of describing the particular
moneys or funds, all of the objections by
the appellant to the introduction of
evidence, without specially mentioning
them, should be overruled.
Regarding the contention by appel
liant that the court erred III refusing to
challenge Juror Fox, ON the ground
that he testified that he was a resident
for years and a taxpayer in Seattle and
had paid money TO the treasurer, which
money Krug was charged with having
converted the court dismissed as hard
" worthy of discussion. The next con-
tantion that the court erred III not sus-
tanning the challenges to Jurors Fox,
Cults and ManOgue ON the ground OF
actual bias, the court found without
foundation. The objection that, under
the constitution and laws of the state,
Judge Moore was Ineligible TO try the
case was disposed of in the case of the
State VS.. Holmes. A careful examina.
ton of the instructions given by the
trial judge convinces the supreme court
that no error was committed in this
particular case. Numerous other al
legged errors were examined, but, will
the exception of those discussed, wer,
dismissed as without merit The opin
ion was written by Judge Dunbar, anC
concurred in by Scott. Hoyt concur
red in the result. Anders and Gordon
dissented.
California; Horticulture Board.
Sacramento, July II. - Gov ernol
Budd has addressed letter TO the state
board of horticulture, in which he ac-
cuses the board of wasting money t
maintain luxurious quarters in'this city
when it might as we'll be situated al
i.