The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-09-26
BANISTER Is ACCUSED
The Burly Negro Held for the
Murder of Day.
EVIDENCE STRONG AGAINST HIM
But IL Is Purely Circumstantfal- How
the Body Was Found and Banis-
ter's Movements Traced.

.sr don't want 70 dc no talkin': got
uothiu' I all 20 say. I'll tell my story when
tho time comes" and with a wink In the
direction Of JsIor King. David Ranistsr
pat new clay pipe in his mouth. and
walked hack into the dark corner. or his
cell.
Panistsr IL the negro arrested at Frank
liz, for the murder Of Thomas Day. and
was brought down from Franklin yester-
day morning. and put in the King county
iail He Is a giant in black Over six
feet two inches in height. he weighs about
.ss mounds and as he walked up 10 the
front OF his cell yesterday to answer
query OF a Post-Intelligencer reporter. his
face seemed like that Of one who could do
any act without dreaming dreams O
nights"
Coroner Askam. Deputy Prosecuting At
torney Norris and Deputy Sheriff Me
Cory came down from Franklin with
Ranister yesterday, having finished tho
preliminary examination, which was con-
Quoted before Justice Bailey al Franklin
Tuesday night The defendant was held
10 the superior court without bail on the
charge of murder in the first degree.
How DAYS Body Was Found.
The testimony is entirely circums tantial.
hut In many instances IL is very strong
AGAINST the accused. On Monday morning.
the morning after the murder, Alexander
Croubie who relieved Day at the fan.
reached his station at o'clock, and found
Day living in the loose coal, near the en-
zine door dead. The boilers were cold
and full of water. II is supposed that the
murder was committed about 10 o'clock
Sunday night, because 1t requires seven
or eight hours for the boilers TO grow
cold after the firing is stopped Then the
miners who were a work, about 1890
o'clock. noticed that the air was not cir
ctilating properly in the mine, and was
growing heavy and uncomfortable.
BaniSter's shoes Fit the Tracks.
There are three paths leading up TO this
fan from the village. On the one that
leads to the north over the hill five large
tracks were discovered early Monday
morning, and when McCorry and Morris
examined them they at once concluded TO
get the shoes that were worn by Banister
and compare them with the tracks Six
reliable men were taken along, and each
of them made separate measurements of
the tracks by placing the shoes in them.
The shoes compared with the tracks in eV-
cry particular. After this test had been
made a rule was used and measurements
were taken Of the shoes and tracks. These
measurements correspondent in every case,
the ball of the foot being a. inches across,
and the imprints of the heels being .
inches in length and %. inches in width.
Near the path on which the tracks were
found a club was picked up. This was IN
the bushes about ten feet from the path
and 900 feet from where the tracks wers
made.
Banister seen Near the Spot.
The path led north to the. county road.
and at about IL o'clock on the night of the
murder Mary Plummer. who was going
along the county road TO her home, met
Panister coming from the direction of the
path. She spoke 20 him. but he refused 70
speak 10 her. Miss Plummer has known
the prisoner for FIVE years, intimately, and
raising her lantern to his face she recog-
nized him instantly Another witness.
Frederick Jenkins met BanLster about 800
feet south Of where Mary Plummer had
seen him. and at about the same time.
Jenkins Spoke to Banister, calling him ny
name, and Ranister answered his greeting
The shattered Club.
The club which was found near the path
identified by a number OF witnesses
as the one used and carried by
Banister. IL as about three feet
long ard two inches IN diameter, and
was made from a young fir tree. II is
broken and splintered In the middle. sup
poseily by the blow on Days head. Days
skull was shattered 10 pieces and Drs.
Askam and ]. ]. Smith say that the blows
must have been administered by a very
powerful man.
Day. the murdered man, had separated
from his wife several months ago, and
Banister has been living in the house with
her since. Day was the father OF a 9-year+
old girl. who IL living with her mother
and 1t Is said by some OF the Franklin
people that a few months ago Day took
out an accident insurance policy for 5000
IN favor OF the little girl. II is therefore
thought that this might have furnished
the motive for the killing.
An Alibi for the Defense.
II is claimed by Mrs. Day and white
woman Mrs. Hines, who was stopping at
Mrs. Days house on Sunday night, that
f}anister came home az o'clock that even
ing and did not leave until 6:30 o'clock
Monday morning. But. in contradiction OF
this. IL Is claimed that there are several
persons in Franklin who saw and smoke TO
Banister away from the Day house at
tuout 70 O'Clock Sunday night
burlington Service.
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