The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-01-10
llcEs sso. 900 lEe.

IlGE9 O0oso0 s
xsbsssps - - DsDsssed
y, abssssss Esss1s-RrsDsssy
= ssasAsrd MiiL
$3.50 r. Repath fo<xsy case
ri - 8 posne to ~ early conclusion.
-. ..s,erSov cosrt yesterday Repata1
-. .s.exssed petition and complaint
q. - q eecisflxtton to be d7ravted to
,rnasnm Cai6weiI and Prosecuting
lZ5.., 1oen p. Nssssr 70 compel fhem
An hearing and prosecution
~ ,.rxe The case originated from
~ ~ oaysbie TO R<ssa1h and sppar-
ssss-r<d b r. l. Stineon. February
- ar $50 On The NafionAi Bank
and the other for so on the
z*sssr Nationzi bank 8stnscn
- slxnszures were fengertes. and
sss7 - nucsecufion by swearing 20 a
sSsss< cevxfnS Repath with that
-. n. rfeufnx rsse $50 check Heaath
.r1ed Il San Francisco and after
ss5ssss. ala 20 answer In the Sum %
q -. cnme 10 trial Septemf,er II.
= .s1 suuaSnne1 four days. Repath cuxi-
= q. own defense. and setting up
"a ~ ,S1ucuer 4ne gentine, and fntrodac-
So 1s58euc< bota checks. wfsh their
- - Jury found the accused not
- = ne verdict OF acquitted had
sz 51tssn<d the prosecuting attorney
s.1 - crSer to issue from the court
s511sr nnps4lA until . further criminal
<sss Sdr1d b. preferred against him
i he nied q compsatnt charg-
q the $50 note. Repath was
- Sn dis charge and admitted -
- ,s51l1a On September y the grand
!,. $500 him, AID he WAS again
5 !. 311re Judge Humes. who adj
$500 ? = baal IN $40.
Rspauh entered q plea OF not
-. csailned that he had already
- fssed ~ the ofzense charged in
r l1n6es. On November q he filed
- 80 me iniA.tmcnt DE dismissed
~ 80 - b discharged because. FIRST,
"a - - ddtrtved OF hts constitutional
Sxt = = u,eedy trial. ard second. be-
~, -, tban sixty days had passed
ISsf - nn1kng and fling OF the indict-
y. 80 he had not been brought TO
~ $500 often demanding 1t. and that
20 4 $50 md been shown for the -
~ o1lrt sustained the motion De-
1 onaing a. matter Of fact and
- NJ The accused had been deprived
1 80 to ., speedy trial without any
= - 0sn. cozstrary to the ccfsstitu-
- n Gmk regardless CT any statutes
neyer. be was entitled To a final dis
The court further found that un-
10 peov1st0ns OF the case Repath WAS
1nt5tied 10 discararge In that no
vulinr I'D been made by the state why
nxm nd not been brought to trial.
u3y, judgment was entered for
~ tknrhasging him from the o1ense
- n the Indictment.
. erunscustnx aKtorney appealed from
Wder proh1biting the State from
lks9 prosecution and July z. 1854. the
- eoort rysscd upon che matter. TAX
~ Position that but q single guess
= ~ presented-swhet Their the section
- epde resaAing TO e triad within sixty
~ rEsef Indictment found or fnfoFma-
- IA was In force. The higher count
- the order granting the writ OF
iI hfstoa and remarked the cause with
f1kuotdDns 10 the lower court TO sustain
! 1mwrer 10 the petition. This demurrer
- tahed on The assumed fact that there
- a skmsnce Of legislation 70 give force
II ~ coMtitissionai right to a speedy
~ and that there had not been such q
6txtsun Ct right as would authorize
n eeurts to hid that the constitution
~ Ae<n violated. Justice Dunbar dis
go
u nwauber ., 1898. previous to the ruiz
No ~ supreme court. the prosecuting
ssutnas again filed a complaint charging
Sq1Eh with forgery IF the second note.
- - hitter Was bound over by Justice
ee1sell 10 the sum Of $3.50
+ vsew Of the fact that a prosecution
0Ma saexcd crime ts impending Ressash
- Nat Ssn justice and the prosecttt-
= eticeosy ara attempting to enforce
- rlyt6xtns no privileges and tsfsruni-
80 citizen of the United States and
11tnston. and are attempting to de-
~ In u his liberty without due pro-
- = INV and TO decay to him the equal
ncltca u the laws. His only remesfy,
Il - y the alternative writ of prohi-
- He takes the position that the
sseSt Of dismissal. Notwithstanding
- aerasAcn of the supreme court sustain
- ~ demurrer, has never been set
- sppeaiea frssn or reversed. and that
~ elsfFts binding en- all the world.
epntsssi< that the issuance Of the two
- was one transaction: that they
- 1lven to him tn xhe ordinary course
ndneS Ia one dealing. and that his
! sA ct the FIRST charge. both notes
so&s having been introduced In evil
- Weassies a prosecution on the Sec
a = nns. cha; the matter IL res asijusii-
~ ND shas he cannot again be i,ut In
MH II he fails in securing the writ
yAeoetsson ard prosecution il again be-
~ - case will be az once taken 20 the
elns court for a hsaring on the first
= ~ osss in THE iatsSgnen; Of dismissal.
M snas he has been acquitted al
- q shs Charge
- caecka Eessatss sasax. were signed
:. 1xson aad his defense on the frtss %
easfxs of which he was acquitted was.
- NY were hsana sifsA
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