The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-07-16
KRUG'S APPEAL FAILS
Supreme Court Affirms the
Sentence on Him.
ALL OBJECTIONS ovERRuLEp.
The Indictment Stands, as II stated
SUFFICIENT Facts-Anders and
Gordon Dissent.

A5xyira Nr1g. ex-city treasurer OF Seat
tie SENS fated 70 serve seven years in
the state penstenliary for unlawfualy u.s.
ing city funds for his personal profit. His
appeal was passed upon by the supreme
.osIrt yese erday, and the judgment OF the
lower court was affirmed. TIE ruling
was not unlocked for. as SUBSTANTIALLY
the points urged by krug on which TO set
aside the judgment had already been de-
csled.
The specific charge against Krug was
the appropriation 10 his own use Of Slo.-
90 OF city funds After the train OF
events leading TO his disappearance. cap
ture and return, the King county grand
Jury Indicted him under section 81 OF the
r.suaI code. In due course his trial was
had N the criminal department OF the
superior court, presided over by Judge j.
T.. Moore, OF Spokane county. who had
been caaei Fpon by Judge HulleS 10 ST
In his absence. Krug introduced no tes-
tiuony. but denurred TO the indictment
and raised many objections 10 the intro
duction Of evidence. He was found guilty
as charged. and judgment was pronounc-
ed accordingly. Pending appeal. he was
released on bonds. and is now and for
long time past has been out OF prison.
In taking the appeal krug contended IN
the first place that the lower court erred
in not sustaining a motion to qgASh the
indictment. on the ground that the grand
jury had not been properly selected. In
disposirg OF this contention, the court
holds that the irresularity was but slight,
ana not such as 10 affect the substantial
rights Of the ex-treaSurer. The next con-
tel.t4on IS an effort TO show that the pro-
visions of section 81 are not applicable to
a caty officer. The objection is set aside
with the following remark:
IL would destroy not only the manifest
intention OF the constitution, but of the
Statute, TO hold that this provision OF The
statute did not apply to .treasurers who
were not directly elected under the pro-
visions OF the law.
The vital question, the supreme court
holds. is embodied in the contention that
the demurrer should have been sustained
because the indictment did not state
facts. and was not direct or certain in
charging a particular circumstance of
crime necessary TO constitute complete
crime under the law: but the statute
especially provides that the ordinary re-
Quirements of an indictment may be
omitted froIa indictments for this par
ticular crime. The penal code Is quoted
as saying:
ut shall be sufficient to allege gen.
orally in the information or indictment
that an officer has made profits out of
public moneys under his control or has
used the same for any purpose not au-
thorized by law to a certain amount,
without specifying any further particu-
lars In regard thereto; and on trial evil
dence may be given OF all the facts con-
shutting an offense and defense thereto"
1t was contended by appellant. with
some show of reason, says the court, that
the Information furnished in this indict-
ment was of rather a meager quality, as
well as quantity, and many cases were
cited. But the court is of opinion they
can all be distinguished from the case in
mint ~ fl1nnSsihiI-
ity Of describing particular moneys ~
funds. all objections by the appellant TO
the Introduction of evidence without spe-
officially mentioning them should be over
ruled.
The court dismissed as hardly worthy
discussion the contention that the lower
court erred in refusing to challenge Juror
Fox on the ground that for years he had
been a resident of Seattle, and rs a tax
payer had paid Krug money which the
ex-treasurer was charged with convert
ing. The court also held TO be without
founda ton the assignments OF error In
that challenges on the ground OF actual
bias were not sustained as to Jurors Fox,
Cullis ane Manogue.
The objection that under the constitu-
ton and laws OF the state Judge Moore
was ineligible 70 try the cause was dis
posed OF in the case of the state VS..
Holmes, and a careful examination or
the instructions given by the trial judge
convinces the supreme court that no error
was committed IN this particular. Nu-
merous other alleged errors were exam
ined. but with the exception Of those DIS
cussed, are dismissed as without merit.
The opinion was written by Judge Dun
bar and concurred in by Scott, while Hoye
concurs In the result. Anders and Cor
don dissented.
Ear1y in September. 1893. the community
4faI 1.xv% f<a1 -frssIy, o
ment that Atboiph Krug. city treasurer,
had disappeared and that his accounts
showed a shortage running up dnto many
thousands of dollars IL was learned that
the missing official had gone north by the
Great Northern and had crossed the line
into British Columbia, and there ensued a
lively chase by detectives on the track.
But Krqig eilssle-i them all, and seemed to
have gotten completely away The treas
srrsr. however venturc3 down into St
Paul and one day as he was passing
aboard an Eastern train was recognized
by Frank Crawford. OF this city, who
placed him under arrest
In the meantime an investigation had
heen making into Krug's accounts. and
each day made the total defalcation larger.
The amount climbed upward by thousands
until " neared siS7.o9a. KrIig had accom-
nodated numerous political and personal
friends and the scandal OF his shortage
and the distribution of the funds OF the
city among politicians affected the entire
Democratic party. Henry FIhrmsn, l.. d.
Ross. l.. H Griffith and n. It. Denny were
arrested In connection with the crime. but
none of the cases came 20 trial except that
Of Fuhrsnan. who was acquitted
About the same time shortages were = is-
covered in the accounts of other treasur-
ers among them Phi IseTlsee, OF Whatcom
county IN whose case thu supreme court
affirmed a conviction Saturday. Isensee
was hesi under the same statute THAI COW
cred Er1g's crime.