The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-03-30

ss.'s .reasssc s-niie. reinforced sya r-u-
Der cf Law Sooks
-. - Austin vas looking rre. ana e.
- q me nssr1ag OF what turned cut 70
hoIfy-coatsst4a case without a 49,
kis &C ris brow ~--
tne state chose 20 rrn~~~1 s~,s~x.
1ton in the case wherein be ara pons
with forgery. 20
Statement OF the C,s..
soNinx h brief statement Of n.
kinney was road saoerviso- ro~ -,aas
800 ~ In ex-Coanty Con-nssm.on@~
4. -. 1lAsficf- The claim OF ina state
sAat hestcn and kinney forged fra
.4anns o' Levi H2yx fictitious perrsr. -
: TAG order. On wftcn h was clatr-aeA ssar
nAys GIG sss worth % work on road Ne x
hlz road may De czlESa the Srnlthers ryxas
- order 20 DO away With technical a.
guzgs. al
Heaton desired 20 be sxarsu..s se-.-
saIeay. so the case proceeded on shAt Inc
Assistant Prosecuting Atto~rsw va
ssafsse IN by calling ri. IL Bertrzm. r
Eansseln and J. II. Putnam. wnn nwa -
roa1 District Ne. L. Their Testimony
showed that. 30 far as they knew. I,eva
rays was an imaginary person. and that
TIE work attributed 20 hsra Ia ths torxes
orcsr lad never been doae
Springs His Sensation
Then Mr.. Hart sprung his sensa..~, =.
was TIE Gazing OF +. :. kinney 70 ms Wit
Ness stand Hsaton's attorneys sized 40
sne situation Immediately. The man VINO
was supposed 70 be Heaton.s confederate
Rad turned state. evidence.
Kinney did not lock happy as he slid into
re "itness chair. Later n the day he sala
1h2t he did not expect to De called as a
witness. and he pEoba bly, wsshs. be rad nor
eeeh. after hearing the sea.hing words OF
Attorney Dore. who termed him a forrer
ano lnforner. Kinney is large man with
red face and hair that blends well. He has
oiue eyes one CT which BE Gays Is no good.
Ar- Hart worked up 70 the confession by
easy steps. anc before he plunged int the
mud Mr.. Dore asked Kinney IL he was will
Ing 70 testify against Mr.. Heaton and him
SELF. Kinney replied that he was going 10
tell the truth. The crowd waa or ksea
edge and listened for every word Unfor-
turately Kinney developed weak lgay
power and stumbled along.
kinney's Confession
kinLey's confession, after removing q
large p@rt OF wandering statements. fol-
lows:
Ee says that he was a road supervisor.
elected By the people. tn district No Is.
and % lad held office for two years; frat
ne was ~ years old and had lived in ths
state seventeen years Sometime In April
or tie latter part OF Marca. at lis se-
quest. Mr. Heatoz. the county commits
sioner. went down to examine a piece OF
work that was wanted on TIE Smslkers
read. Mr. Hezton himself and SIR. Smith
cTs went over the road 70 examine X. and
after the examination and In the presence
or Mr.. SnnitaeTs. Heaton told him 10 20
ahead and do the work. but ne didn't re-
member the price a@reei upon for the
work Thereafter and about April II IsS
~ faf.. er~,r e.
and In reply came TO The city TO see him
Heaton asked him IL he couldn't make
him loan. as he lHeatonD was IN need
OF money. Kinney said he told Hsaton
rhat he ala not have the amount coming
10 him thar Heaton wanted 10 borrow:
that he bad some so or 80 Cue on labor
account Haaton. according 10 htnney's
story. told him 10 20 UP 20 Fred wicasr
and assign 20 TwicheIl MS account fer
labor and tell TwichsIi that Re lad \
piece OF contract work which he was doing
and would pay him tina balance OF the
money "a soon as the work was COM
pfeted: that upon the Assignment OF the
account Twichell let him have 500 giving
him check payable to himself. Kinney
got the check cssheG az tue Puget Souaj
National bank and went 10 Hsaton's Of
fee ard let him have the money. He sf-
forward ADMITTED that Heaton had given
him a receipt or something OF that Kind.
dss next months salary.
About the latter part Of the month re
came to town and met He1tol on TIE
street Haaton told him 70 come up TO
his Office and fix cut his account on that
contract work. He accompanied Hestcn
20 bis Office and Heaton prepared bill
In the usual form on the road and bridge
fund for se0. payable 20 one L>sgf Hays
He said he told Heaton tast tha-c was no
such person "a Levi Hays, and that He a.
ton told him II ala not matter, and think
ing the commissioner knew his business
hs certified 70 the work being done ard
signed the name Of Levi Hays 10 tfe Or
der. admitting thai he forged the name Of
Hays 20 the order and that he knew { ls
work had not BEEN done. liz also admit
ted In this connection that he Kinney
made out an assignment or the Dali 10
Twtcheli and forged the name or Levi
HAYS TO tsS~ assignment. taat ne hirhss2i
took the bin and assignment thus forged
10 the auditors Office snc died r. and tfat
,hArsuoon a county ~arran; was duly ~
ssfes, payable 70 Levi Hays and marked as
assigned 10 Fred Twichel
He salt Re knew that the work had not
been done and that hs knew there was no
sucsn person as Hays bat he supposed
uaator would make the amount good -
tse district az he rad agreed 20 DO y
He cid not think he was acting In bis In
dtviduai capacity. but was losning the
money 70 Mr. Hsaton as trustee OF the
road district He seated that he did not
know whether TIE psse~ BE got from Hea-
TON when he made the loan was receipt
or a proriSsnvy note; that be did not
know what 8 prornLssory note was, as he
hsa never Rad enc. and did not know that
he weLld recoguirs one when ne saw II.
HA was a~ked N ne then had the paper
IN his POSSESSION which Mr.. Heston had
given him. He said Re cid not. as ne haa
~txen n TO tAe ASSISTANT prosecuting at
fernav. Mr.. Hart, last Saturday, and that
~. Thought Mr.. Hart now bad t.
ur Hart was then asked by tho ateor-
rsvs for Mr.. Heason 20 produces ire pa
mr. Mr.. Hart admitted that re had the
nane~. but refused 20 deliver Il. The ecSirt
vs. then asked 10 require M. Hart 10
n~osfuce the paper ana after lenEthF ar
xss,neut on TIE le<ai status the court de-
rsde-a that n asa not have tie power 10
compel the state 70 prcsiuce this eStdencs
OF indebtedness.
TIRE defendant Their demanded tsat a
subpoena dgcss tecgm issue directed 20
Prosecuting Attorney NcElroy. Hart and
Kinney. requiring them 20 iunsaiafely
-rassssra TIE pansx 1Ais subpoena issued
"a ~ss plscea IN TIE hands OF ConscSsls
p~axan ard the court took AZ ADJOURN
rnent until / 80 m
yvhAn The court convened tse confeSea
ferxor. kinney who had turned stats
mxtsaac. was Pot upo1 TIE stand Ter NJ
they crosse xAEItfS ton
II ,hs course 81 tha cTosS-exanainatfa1 n
80 x.f~~rcu7 Kinney sAsd that it VAS his
,ettv to certify 70 work ooas n MS als-
trfc4-
..How est T~wscAsa Asgpea 70 lean yoa
yaa On A 81 orserF' asked MI Ls9fs-