The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-07-31

william Newman, the proprietor OF the
Diamond saloon. Will ind himself called
upon to explain 10 a jury in Judge Jacobs
co9rt today how he came by those two
gIss bills which he paid out TO different
people and which. the states attorney
says. wega the property OF Lady Nor
rington.
Newman's trial was begun yesterday
morning, and at the conclusion Of rather
unsnrsresting day the state rested its
case. and the defense moved that the tn
cic,ment be dismissed and the defendant
discharged, claiming that no case had
been made out against him.
In making the motion, Attorney Trem-
per suggested that the case go over TIL
today so as 10 afford ample time 10 pre-
sent the matter and the law involved 10
the court Judge Jacobs promptly an
swered that he would hear the arguments
n once and then rule on the molten. Not
much over half an hour Was wasted ir the
arguments BY both sides. and then the
court promptly denied the motion
There was no trouble TO secure the re-
naming Juror when court opened yester-
day morning. AS completed the jury con-
sisted OF these men: j. Z. Nelson. f. H.
Bragg. y. Mcpherson. II. c. Smitnsou,
j. w. Davis, J. n. Wilcoxsen, Dell Cum
mlngs, j. G. Carter r. D Tucker, John
Michael. J. II. Roberts and Ii. L. Ohm
stead
The preliminary part OF the states case
was largely repetition OF the testimony
adduced in the former trials in which
Burns and Burke were convicted The
first witness. #. Il. Van Tuyi, of the Dex-
ter Horton bank, testified to having given
Mrs. Norrington currency for her gold,
including two 500 bills.
Mrs. Norrington. reinforced by the stern
Mrs. Taylor. was then allowed to go on
the stand. and she related her experiences
with the estimabIe trio. Burns. Burke and
Newman. in the Diamond saloon on the
now famous occasion when she was re-
Heyed of her money. On cross-examina-
ton the defendants attorneys sought TO
obtain from the yoluble old lady an adj
mission that she had stated to Mrs. New
man. at the county jail. that Burns alone
was the guilty man, and that. Burke and
Newman did not take her money.
The question rather upset the states
main witness but. bracing herself against
the back OF the chair, she started 10 re-
late the circumstances of the transaction
in detail. An objection was interposed
ana the court was called on to instruct
the witness how to answer Finally
Mrs. N0rrington remembered having a
conversation with Mrs. Newman at the
county jail. but averred tina. she had said
simply that Burns robbed her. and that
the judge had go, the saddle on the right
'oss when he sentenced Burns to five
years In the penitentiary.
This expression. theoretically delivered
by the old lady, caused break In the de-
corum maintained by the court, attorneys
and officials. and a hearty laugh was en-
joyed.
Chief Reed was the next witness. The
arrest Of Burns and Newman and other
matters relating to the working OF the po-
lice department on the case wer. gone
over. as In the two previous cases. The
material part of Chief Reeds testimony
lay in his statement that Newman had
contradicted himself In his accounts OF his
doings the night Mrs. Norrington was
robbed, after. being entertained at his
place Newman had frs, said to him
tReeD that he had gone to bed and that
Burns had come to bed afterward. On the
second occasion Newman had averred
that he and Burns had gone 10 bed that
morning at the same time and together
Here the witness was asked as to the
preliminary examination OF Burns and
Burke. the prosecution aiming to show
that Newmsn's alleged co-conspirators
had attempted 20 leave the country and
were caught At Victoria.
The defense promptly objected both
Tremper and Wins;ock strongly protest.
ing against allowing In any evidence con-
corning the sudden visit OF Burns and
iSarhe 10 NtcLOrla. After quite an argu-
nnent the court ruled against the defense.
and Chief Reed was allowed 20 relate the
flight OF the two men and their recapture
at Victoria.
Pat Fawaher was the next witness. He
swore that Newman had given him a SEQ
biz on the morning OF May o. He had
deposited q sum with Newman for safe
keeping the night before and Newman
had paid him sl4o the amount, coming to
him. There was a 800 bill in the trans
action, which witness described. saying Il
had hole through its center. He thought
he could identity the bill
Sergeant Peer testified to having arrest
go Newman and Burns and that Mrs.
Norrington had pointed them out as tho
nsn who had robbed her
William Sutherland ssloonkeeper. also
testified TO having received $40 bill from,
Newman on May - II was given In pay
ment Of a loan TO Newman
Here Deputy Prosecuting Attorney
Hart. who conducted the case throughout.
announced that the stated rested The de-
Tense followed with 4 motion to dismiss,
which was overruled and an exception
taken
Two witnesses we're examined for the
defense before court adjourned AZ s:g.
They were Louis Kreiassheir,er ana r B.
Corhe:t Both testified TO Newrnan's good
character and standing in the business
community.
In his opening address Mr. W,ustock
said that the defense would account for
the sr0o hiiis-that they had ha.u received
by Mr.. Newman In the ordinary course Of
business.