The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-02-22
THE TRIAL OF M'cAULEY.
y.ry VIII Return Verdict This Morn
Ing. Probably.

TACOMA. FEB. .--53eciai.--The trial CT
.x.ffsy Treasurer J. " Mccauley Is TN
ssbed The state rested is case this morn
~ and after Judge Parker had overruied
motion 70 strike from the record evidence
roneerning The tank books and second
setson 10 dismiss the case on the ground
- srsnffieiency Of the evidence. the defense
so.rodsced on stiffness This was ". O..
p-ssrs. cashier Of the Columbia National
hank. After the noon recess the argu-
,nen;s Esre begun, and a. 80 Judge FAR
ksr began his charge to the jury
rhs forenoon proceedings were taken up
ssth the arg9m sn;s Of three motions BY the
defense. each looking 10 the acquittsl CT
The defendant The first was motion To
strlke ont evidence admitted concerning
the books OF the bank and the entries
therein and the checks, for the reason tlat
the prosecution had failed 10 sufficiently
account for the absence OF the primary
egilence ard that the law was that sec
oad4ry evidence could not be admitted pn-
III this was first done. The court denied
the motion.
The second motion was TO dismiss the
case because tbs information did not state
crime. Mr. Milligan argued this and the
former motion. The court declared Itself
to be stilI OF the opinion that the informa-
ton was sufficient. and denied the second
motion. Then Johnson Nickeus moved TO
dismiss the case because of the general in
efficiency OF the evidence. This Mas also
dsnied
Cashier Peters was called. but to all the
enestlons OF counsel he refused TO answer
Is Ii might incriminate him. The defense
then rested. the defendant not going on
the stand.
Attorney X. G.. Hudson. who has been
assisting MIR Conner in the prosecution of
IA ga 80 mazda ffss ffss
the state. He dweIt upon the danger 10
the public that would come from the Gus
tom OF allowing treasurers 70 draw interest
on public deposits. That the legislature
had declared that such an act was crime
and had provided the punishment. lie cit
ed the fact OF the balances on the city's
deposits IN this bank. Increasing from
$500 In the beginning of July to s'Do.Go0
az the time the bank closed ITS doors, as
80 example Of how the public interest
might and did suffer from such method OF
doing business. He then reviewed the evil
de0ce, being interrupted occasionally by
the defendants counsel because OF al
legged ineorrectness in his statements Of
the testimony
The most interesting feature OF the day
Gas reached when Prosecuting Attorney
cener made the closing address 90 the
Jary. He was frequently interrupted by
his accuracy in quoting from the evidence
OF Bookkeeper Andrus These intcrTup-
tons carne 50 fast from Attorneys Mill
gar AMI Nickeus that Mr.. C0iner became
quite warm and finally sat down. while
AIR. Miiligan requested the court reporter
10 review his notes with view OF showing
that Col Coner had mlsssated the evil
depce. Tho prosecuting attorney earcas-
ticaily remarked that when Mr. Miiiigan
thFatafh bf tSsBftlf Npj4h his =
i took all night Col. Coiner then re-
viewed the arguments Of counsel for the
defense. who had claimed that the I.exew
committee OF the Chamber OF Commerce
ans Taxpayers League had by publishing
ssflees reports, pretudiced public opinion
! against their client Col Cpiner said that
counsel Fer Mr.. MeC'auley had gone clear
OUTSIDE the record % drag the Iexow COM
n'iitss into the case, and that II he chose
. extent the courtesy 70 Attorney Hud-
SO, representing the league 20 assist
h'n IN the trial. 4 was his own affair. Col.
te'aer laid espeC.ai stress on the evidence
81 Ant.tls. who had testified That Treas
srsr MeSaulcy had drawn money from tho
eaaS m his personal check. and had fire.
aaeatfy asked Cashier Peters II he hah
gwen him credit on his pass book ''for this
month set. meaning interest ON the city'S
csqaSt Col Cusner said that this .svi-
aenee hsd been uncontraficted. anal was
positive proof Address hid tcstlt ei. no
ssa, ti4at McCauley wouA hand has pass
seak % Peters and ask What month Is
its fDr r. etc
jadFe Parker charged the Jury at -
eelock. The court went over The evidence
w the case carefully. and Instructed the
}GEy as 70 the law involved. After waiting
EAR az hour court adjourned unl3 tenor
Fsw.