The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-07-07

After nearly a weeks recess the crirnt-
nal department % the King county SUI
per.or court was again IN session yes
tsrday, and the central feature OF irs
proceedings was the case of the State
against William Newman. charged with
the robbery OF Lady No-rtnEton.
The state was duly represented in court
b. Deputy Prosecuting Attorney Hart.
and the defendant was also properly rep
resented by counsel. Newman himself
was there 70 plead 70 the charge But
before his plea was entered his attorney,
Melvin @. Winstock, moved that the case
be dismissed for lack Of jurisdiction,
arguing that the information had no prop
er place in the superior court until a
preliminary examination had been held.
This motion Judge Jacobs promptly over
ruled.
Tire defense then fled a demurrer TO
the information itself but the demurrer
was in turn promptly overruled by the
court. and Newman was called on 10 en-
ter his formal plea to the charge. He
pleaded Not guilty"
Then counsel for the defense made
motion for change OF venue. arguing
IN support OF the motion that the utter
ances Of the newspa pers OF the city had
made Imposs bic a fair trial for Newman
n King county In support OF his argu-
ment he read affidavits, among others one
from Henry s Tremper. setting forth in
great technical detail. and with quota
tons from the columns OF the city press,
his conviction that Newman could not
have an impartial trial in this county.
Despite the argument and the affida-
Wits Judge Jacobs decided that II would
be feasible To at least attempt TO secure
a Jury of twelve King county citizens 70
try Mr.. Newman. and overruled the mo-
ton for a change Of venue. setting the
trial for july e.
The motion for change OF venue In
the case Of the state against William
Burke was also overrued and the trial
was set down for the same day, July 2o
In the case of the state against Patrick
Burns. already convicted. the motion for a
new trial was overruied by Judge Jacobs
as was also the motion for arrest OF
judgment. and he was sentenced to five
years az hard labor IN the penitentiary
Among the affidavits on file in the Office
OF the prosecuting attorney is one from
Miss Lena Fountain. formerly Of Victoria
but now OF Seattle, who states In sub
stance that between December 1896 and
March, 1887 she lived in Victoria at the
Hotel Brunswick. and that during that
time Mrs. Norrington also lived there
She AYERS that Mrs. Norrington's conduct
was so peculiar that complaint against
her was lodged with the proprietor OF the
hotel ana that the common impression
OF Mrs. Norgington was that she was u
chronic drunk. She also alleges that
Mrs Norrington lived with a fisherman
in u shack on the water front at Victoria
Another affidavit which the prosecuting
attorney has in hand is from Thomas Be-
van. Of this city. who alleges that he had
a talk with owen Dufile. one OF the jurors
in the Burns case. and that the latter
stated TO him before going on the jury
that he believed Burns was guilty, and
that there was a conviction in his mind
TO that effect.
Still another affidavit placed on file yes
terday In the clerks office is one from
Henry Stiller. a conductor on the James
street car line. who swears that on
Wednesday. June 50, he had as a passen-
ger on his car r. A. White one Of the
jurors and that a. that time White was
not in company with the other jurors in
the case.
White himself. however filed an an
daVit. stating that on the day In ques-
elon he was taken Ill while down town
al the place where the Jurors were eat
ing: that he told RailT Clark of his con-
dit!cn. and that gentleman placed him
In charge Of BALM Campbell and the
latter rode with him on the car up the
hill Whites statements were corrobor-
ated by aiIldayiIs from Bailifs Clark and
Campbell.