The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-23
CARTER TO BE TRIED.
He Is Put Under Bond for Kill
ing Ling, the Chinaman.
THE MISSING WITNESS ON HAND.
No Important Points Learned From
Peterson Self-De-
Tense Is Cartcr's Plea.

Joseph Carter. the deckhand on the
steamer Idaho. who killed Charley Ling,
the Chinese cook, was yesterday held UNI
der s2.ago bonds by Justice Caldwell for
trial on the charge Of murder, although
tho court did not think a charge OF muir
der In the first degree would bold There
seems to have been nothing in the theory
that Peterson. one of the witnesses for the
prosecution, had been spirited away. for
he was found by Constable Fitzgerald and
brought into court yesterday morning in
time to give his testimony. The witnesses
introduced were Ambrose T. Casey,
waiter on board the Idaho: John Peterson
and Harry Young. and Fl. l. Hansen, who
had testified on Wednesday, was recalled
to the stand for a few moments.
Petersons version OF the affair was that
Carter and Ling were duarreling about the
coffee, which did not suit Carriers taste
He recited the various epithets that had
been exchanged between the two. at the
close OF which wordy war the witness
stated that Carter started toward the gal
ley, after which witness heard sound as
Of heavy scuffling inside the galley. fol-
lowed by a scream Of pain from the China
man. Some time afterward. witness would
not undertake 10 say just how long, he en-
tered the room and saw the Chtnaman ly-
ing there dead.
Harry Young's testimony was much the
same as that given by him before the cor
oner's jury. and was mainly remarkable
because IL presented the singular instance
OF states witness giving evidence in
support OF the defense
At the close OF the testimony J. T. Ron
aid, who has been retained by friends of
the dead man 10 aid in the prosecution.
began the argument for the state, making
a strong plea for justice and clear analy-
sis of the evidence from the standpoint of
the prosecution. At the close OF his argu-
-. ~r@<f~ m, mt
which time w. X. Gay spoke for the de-
tense.
Mr.. Gay emphasized the fact that in
order to establish a charge of murder,
malice and generalization must be proved.
He contended that there was no evidence
that Carter actually entered the galley.
or that he knocked the Cninaman down,
as Mr.. Ronald had claimed. He urged
that Carriers action was aggressive self
defense, allowing man TO stand where
he is and defend himelf.
This kind Of self-defense," he said. 'is
alone consistent with the dignity OF
American manhood" He closed his argu-
ment with an appeal for the discharge Of
his client or for the fixing of his bond at
$500.
Prosecuting Attorney A. W. HASTE then
closed the case. In quiet but incisive
manner he ridicuied some of the points
made by counsel for the defense, saying.
get rid OF that type of self-respect and
self-defense which prompts a man to cut
and kill his fellow man in order TO pre-
serve the dignity of American manhood
the better IL viii be for all concerned"
AS to the theory Of aggressive self-de-
Tense set up by counsel, Mr. HASTE con-
tended that II could not possibly be made
to apply TO a case where the man in
whose favor Il was set up had himself
been the original aggressor, as Carter had
been in this instance
At the conclusion of the argument, JUS
tice Caldwell said: while the court
does not think the evidence is such as TO
establish n charge of murder in the first
degree. vet, as there are lower grades of
offense included in that charge, ! viii
not undertake TO reduce the charge, but
will hold the accused for trial in the SUI
perior court and fix his bond at s2.eo0."
Carter furnished bond for the required
amount, his bondsmen being Julius Redcl-
sheimer and J.. Il. Gay. The bond was
filed and approved at $50 o'clock p. m.
yesterday and Carter was at once re-
leased from custody.