The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-04-16
LIVELY SLIPPED In.
VOW WARRANTS ARE oUT FOR HIM
AND CAPT. GAME.
while Others Quarrel for Property
They Load II On . Steamer and
Sail Away-Port Townsend Of
acers Too slow To Catch the Rap
Id Transit.

PORT TOWNSEND. April AT al
early hour this morning Justice KoSe Is
sued Q warrant for the arrest OF Capt
Il. 4. Game. % the steamer Rapid 1rsn-
SIT. ard J. NJ. Lively. upon complaint q
ex-5uperfor Judge " B. Sachs. charging
the Defendants with larceny. namely.
that they did steal. take and carry away
palmer and other machinery from the
Port Townsend nail works 20 the value
OF E.es. Before the warrants could be
served the accused had aosented them
selves from the county.
Sachs IL the attorney for W. r. Grace
& Company. Of San Francisco. whe have
a claim agains; the property alleged to
have been stolen. 70 the amount OF 5000
or $500. On account Of litigation the
property was presumed 10 be In the hands
Of Receiver Littledela, appointed by the
superior court. Judge Sachs charact-f-
lied the proceedings a high-bandeG out
rage. and asserted that he would visOr-
ouEiy prosecute the guilty parties 20 tbs
full extent OF the Law. IL IS proposed, al
so. TO ask the superior court. where The
case Is now pending. for an order directing
Lively and caine 10 show cause why they
should not De punished for contempt OF
court
The Rapid Transit. after dark last ev-
ening, went alongside OF the dock al he
nail works and began removing the ma
chinery and other valuable and movable
property. The work was progressing
nicely when night customs officer. who
vas patrolling the beach in search OF
revenue violators. CHANGED to observe the
action OF loading the vessel. and report
I'd Il 20 the interested parties.
In snort time all Was hustle and ex-
element. Lawyers and iitigants were
hurrying here and there There are sew
eral firms Interested in the issues and for
time they and their attorneys created
quite a stir.
In the meanwhile the crew OF the Rapid
Transit were working as they never
worked before. Officers with the war
rants OF arrest hurriedly jumped into a
carriage. and as IL reached the dock the
lines We're east off and the steamer
steamed away out into the darkness. The
officers had the warrants the steamer had
the machinery. the lltigants had the ex-
perience and the attorneys had their fees,
and still dissatisfaction was manifested
Then some one reported that Lively was
seen on the streets a few moments before.
But dillgent search last night and today
failed 10 locate him.
The whole proceeding Is the result Of
several attaching creditors endeayoring
to gobble the property in satisfaction OF
their respective claims. Lively. who was
the moving spirit back OF the Port Towns
corporation. watched for the opportunity,
and while the others were fighting he
quietly dropped around with the Rapid
Transit and removed the so-called bone OF
contention. The value of the property so
taken Is said 10 be $1,000.
Lively was in the city this evening. and
no attempt was made 10 serve the war
rant OF arrest on him. lie said his pres
ent address was Port Townsend. where he
would be at home to all callers. II he COM
United any wrong. he said he was willing
20 stand the consequences In a court OF
justice The machinery taken away by
the Rapid Transit was his own personal
property. he said. and he had right to
ship it when and where he pleased.
Steamer Rapid Transit came in yester-
day with several tons Of iron machinery,
lathe and planning machines and iron
barrel hoops. She had just come from
Port Townsend. Her cargo was worth
about fl.ooo. This machinery was taken
Wednesday night from the Port Townsend
nail works by authority of Manager Live
ly. who had chartered the steamer for the
purpose.
There seems 10 be some trouble over
this machinery" said Capt. K. Z. Caine,
manager OF the Rapid Transit. yesterday.
When Manager Lively, OF the Port
Townsend nail works. came TO me TO
charter the Rapid Transit had no idea
there was any question as 70 his right TO
take the machinery. The boat was chart
cred 20 him as 10 would be 70 any other
responsible party. and that is all the
Rapid Transit has 10 do with the matter
While the steamer was loading the ma
chinery Wednesday night some fellow
came TO the dock and ordered Can't. West
to stop. saying he was the regularly ar.-
pointed receiver OF the nail works. Cant
West asked 20 see hts papers but the fell
low had nothing with him TO prove his
authority. Capt. West said he could do
nothing bat obey the instructions OF
Msnager lively. who had chartered the
steamer. and he loaded the machinery
under Lvely's direction and steamed
away"
\ local hrm. dealing In aH kinds Of ma
chinery was approached several DAYS ago
by Manager Lively. who asked IL ire
firm would undertake TO sell the uachin-
cry n II were brought 20 Seattle lie said
he had been made manager OF the nail
works az Pert Townsend on the under
standing that he should he comnensate8
for al machinery ne pat In the works.
When the company failed he hns been
unable - get any money for the nachln-
cry. which he had paid for individually
and ne wished now 90 have that portion
Of the plant sold The local firm agreed
20 sell the machinery when Il should be
turned ever 10 them.
Since the trouble has arisen In FOR,
Townsend the local frrn refuses "a handle
the machinery. The barrel hoops. consst.
tutluE large portion OF tho cargo aboar4
the Rapid Transit. are conceded to be tho
personal property % Lively.
CUiPLES' noND REJECTED.