The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-12-09
Judgment FOR THE CITY.
cavERY OF OVER $4,000 IN A
srREET GRADE CASE.
~. Axn1nsf Robert Eolan Of As
~..lf on James n. Snyder With
,.1~~s 10 Commit Murder Dis
-x.-.s-Three Men Sent 20 Prison.

psr&on was engaged all day yes
80. nearing the case OF the City OF Be-
80 -. Hill involving the validity OF an
sI - for the grading OF WAshing-
- $500 IN 1880. The court gave judy
-. . favor OF the city for 3l,is7 princs-
-. ,~,eresf at 10 per cent since August
- pcnslity OF per cent and costs.
ss.euntlns altogether to about sz.lss
a any respects :. was a very peculiar
-. The chief feature being the orniss On
81 q. ovuer Of the property 70 record he
s;.t The original Of which cannot now be
s-ssA II having remained In the posses
- a IIiII. after being approved py the
-. - and city council in 1889 In May OF
~. .ssr " C. HsIi, who died suddenly
- wears ago, filed plat Of the Hill
- .hich was secured TO him by valen-'
~ rim. II was approved by the mayor
80 - council. and then taken by him to be
49, wt.h the county auditor This was
80, dome. although thousands OF FAC
1870 az the plat. including certificate
1919 authenticated, !n which Hin and
q. -,ee Mrs. Alice Hill. dedicated GER
~. ssresfs. including Washington street.
!. =. MA forever OF the city. were ntho-
.-rs,d Lots were offered for sale ac-
~r6,nr 70 this plat. and Its authenticity
s<yes questioned.
q the latter part OF lS8a W. {. Hill, de-
1erihinx himself as the owner OF The prop
~. formally peti;ioned the council TO
80 washington street. between Twelfth
"a sixteenth streets, and the council
.,.rteA the petition and ordered the work
- II seems that instead Of passing the
.,6Inance first and calling for bids for The
,.ork afterwara, as the general ordinance
4 sssulres. the council took steps 10 obtain
sssf.aates OF the cost before ordering the
& -6rx done. Counsel for the property
1wner coutended that this was fatal de-
At but the court sustained the city's
~.rssnticu. argument that II was not a
n,hstantiai irregularity and that It had
rorked no hardship to the proerty-owner.
Mainline, Hill had died and the prop
srty pzssed into the hands Of Ben Snipes
ana later Of ID. W. Thompson. the bank
= AZ washington. ID. C.. who now owns
4. and defends the action to recover the
edet Of the work. The action has been
Aofiy contested II has been before the
nperior court on several occasions In the
fofm of motions and demurrers during this
3laf.
o. the hearing on the merits yester-
{ ~ the city placed on the witness stand
0ecuty City Clerk Coryell. who testified
y Is the records In the clerks ONCE.
ehowine compliance with the requirements
q the charter and ordinances. Daniel
Kejjehey of Bausman. Kelleher Il Emory.
for the defendant. desired to limit the In
ouify q to the exact days upon which
certain requirements OF the procedure
should have been observed. but the court
permitted testimony 70 show substantial
ccmplsnce.
M. Kelleher took the stand and testified
that ne was familiar with the property
aAd that there was no dedication prior to
M when Snipes recorded the Hill tract
addition. which was. II was ELECTED. al
most the same plating as that OF 1859.
W L. Meredith was called In rebuttal
and he was shown plat OF 1889. He tes-
tined that Il was fac smile OF the orig
nal acknowledged by him as notary pub
lie ~ the act Of W. c. HILL who was per-
sonAlly known to him.
Af. Kelieher objected to the introduction
Of this copy on the ground that the original
had never been recorded. and although II
vas maintained on behalf OF the city that
the failure Of Hill TO record the plat did
rot AFFECT the relations between him and
the city - to H. the court sustained the
objection and the copy was rejected.
John w. Pratt. OF Pratt & Riddle. who
appeared Tor the city. went on the stand
% testify to the existence Of a street In
~ and 70 tho fact OF it's being graded
and public highway. but the court ruled
sut ~ testimony based upon the supposed
eriufence OF plat prior 10 1892
Ccun9a then addressed the court. and
asl1 argument by Mr.. Kelieher for the
defense and Mr.. c. A. Riddle for the city,
sud0 Benson gave judgment for the full
eaesst prayed for In favor Of the city.