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

Z. ssrk- Wen ~ sole rne Re hss ,c.. I
tod hin re Rad put sne & q &c. cx I
never thought ! tet a ncte sndsyse-zISy.
bar ss Trustee for gae road ard bridge
frr6"
"As s-s-see So Re road ..s-s-srs~s
TIES. thcagns hesa tzls paper AZ
trustee Or sonstni7g Like saas FOR TIE
roz1 district"
He loaned Mr.. Hearsn 80 On enc osAsr
OCCASION lie considered district
money. He SID rat ths road district
oved him 50 c. So when be 80; soc from
T~tc&sl
Kinney admitted shas Mr.. Hea.on care
20 Rsutor 20 look NJ road 20 see how
mach work vas needed. Mr.. Snsthers
was tAe-s- TIE witness denied that 80
was the e~es-asec amount
''How wa. re second lean sr-snged-'
II came sowr 70 Seat.ss ans net Ees-
tor He asked about the work vas do
Ing and I tod Rim about q bridge con-
tract. He said re waited 80 borrow So
ard said. Pu1 that In she contract and
csS so"
'"D-a you thfnk FRAT was rsgas-' asked
Mr. Dore
Yes: Mr. Eea.on said q was right"
IT suppose you xouSd have Jumped over
board Il Mr. HsatOn had told you 20 do
so"
81 ossecs TO that" sssa Mr. Hart
How id vou happen 10 Use the name
OF Lew Hsy1v-'
''Mr Heafon tod me 70"
Kinney sad frae ne ssgnef "Hay~'"
name st Hs2ton's ascsafion. ard also cer-
.fnet that t1e work was Gone. while IN
der the same Influence. The writing in the
boy OF the order descriptive OF the work
done was written BY Hsatcn himself
''Heasoa told RE u anything came 10.
49, = tFszxy
cane aiorg and gave him the contract"
TIE last point was brought out by
Question from AFR. Hart
mfsssoners Can steal.
Mr. Dore went az Kinney again and
made hin adazt that he knew Hays was
an imaginary person
"a county commissioner can steal. and
II - al rsghtT' inquired Dore.
Yes; I suppose So" replied Kinney.
Mr. Kinney looked relieved when Mr..
Dors remarked In a sarcastic manner that
he was done with the witness.
The state rests" said Mr.. Hart
Then Mr. Dore inquired IL Constable
BroEan had made a return or the sub
poena- NO. sir" replied the clerk
What tine was Il made returnableT'
inquired Mr. Dore. zone thirty" said the
clerk and stfii the constable was missing
Mr.. Hart smiled and Mr. Dore looked
stern.
81 will call Assistant Prosecuting At
torney Hart 70 the witness stand" thua-
dered MIR Dore
las witness FOR the defense" inquired
Mr. Hart 'sT-he state Is through"
Yes, for ire defense" replied Mr.. Dore.
Hart was sworn. and then Mr.. pore
went In 10 find out all about THAI mys-
tsrious note. receipt or whatever II was
THAI Heaton had given to Kinney.
1T was a certain paper in writing re-
~ ha Affairs Of irrs enf.ntVr said
Mr. Hart
Have you got IT."
Yes"
ST want 70 see II. :"
''Yog cannot. stand In the relation Of
attorney to King county and the law MP
holds my refusal" was Mr.. Harris reply.
Mr.. Dore argued TO the point that II
was important 10 have the paper in court.
Mr.. Hart replied that the defense was
trying 20 make the state show up things
In connection with the case which it did
not want 20. and which were not material
TO the main issue.
III X is produced II win have 10 be done
through Mr.. McElroy- the prosecuting at .
tCrney. instead OF me-" said Mr. Hart
This paper" sald Mr.. Dore. does not
belong 10 the county or state. Is Mr..
Kinney Mr. Hart's clientY The law re-
lates 20 a communication made by client
10 his attorney. Mr. Kinney Is the CO.
defendant with Mr.. Heaton. and turns
states evidence. When asked about this
paper he says he gave IL 20 Mr. Hart
This paper is now being suppressed. and
l think II Is fair 10 have IL produced"
Justice Austin said he was inclined 10
think the defense had right to the paper
Mr. Hart objected 10 ehe process fol
lowed By Mr.. Dore as 70 the paper Mr.
Dore retorted rhat be only demanded the
defendants rights.
Hart replied that he did NOT care for the
49, a. -.
tesy had been shown
II think the defendant is entitled 20 the
paper" said Justice Austin
II VIII let him have the PAPER" said
Mr.. Hart. So he went down into a bundle
and pulled out a small piece OF paper and
handed 81 to Mr.. Dore. who smiled FOR
once
Mr. Dore called Mr Kinney 20 the stand
and gave him TIE paper. which he read
IN open court SIS follows:
April II. 1851 promise 70 ray F. 3.
kinney sSe ~. Fl Hsaton."
This Il the paper Mr. Heston gave
your "yes SIR"
6asch on the stand
Short-iived interest was aroused v-~e,
Fred Cash. ex-chairman OF thu county
commissioners. took the stand He said
he had lived IN Seattle ,htrty-ssven years.
He identified his signsttrra and that %
NJ. Heafon TO the road order IN question
and failed 70 t3entify writing inside tia
bill ga ina; Of Mr.. Feston Re said:
These bills come from the auditors Of
flee and are put on tire desk Of the con-
missioner In whose district the work Is
done Then thsy come 10 the chairman.
I signed this btu on thu strength OF Mr.
EeatoE's signature. After the chairman
signs btli IL goes 20 the auditors Office
and n IndogssSi- After this a wa-ran, "a
issued"
Ex-Auditor B4nan said that a road ara
bridge hiil might come either to the aud
tiers or commissioners ofsce. After be-
ing flie6 and allowed IL went to the war
rant clerk.
A large beck was introduced which NJ.
Beruan Identified as q county record.
TisYeugh thi< book u was founs out that
the Levi Hays warrant was issued Nav
- issS. and was received b ths Seattle
Savings hank.
NJ Berasn saii that ther@ were two
funds. one called the road ard bridge
f,zrs6'' ard another called the '-road fund"
He said ihat Il was nothing unusual FOR
g commissioner TO nil IN tha description
OF work OF a road order for 4 rad 81
F>arvtscr. Tire defense brought this out %
show that Hesson VS. following a c1s-
tom IN writing h the BODY 81 thu Uavs
order. Be-sn snf5 Il would "a more dr.
Ncnit 70 ei>cover frautS - re road ard
bridge fund han In ina rUa6 fund. as the
former wss a general fund ari IRE latter
relafei 70 different roaE districts II
warrant was drawn specifically srsirss a
certain rad district II would attract the
attention ~ zssn In that district A war
rant drawn against q general fund would
PCT attract - much attention.
NJ nors said Re had no more Witnesses
bat thought i would hs well . proceed
zffh tae otA~ casas sESiast Hesson. and