The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-12
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COZ and 1o:: New York Bioek.

will only be overruling Judge q equal
rank. IL is Tot my concern. ] think ROW.
as I though, when the case was dismissed.
that Smith can't be convicted p-itler the
law. II VIII be i waste OF money TO
Try it.
As to the employment OF special conn
sci. | am satisfied that the law does not
authorize II. Il * plainly provided thar
unless the prosecuting attorney Is III or
unable TO attend court. he shah attend
on the grand jury and have no present
intention either Of getting III or leaving
the country. However. shall abide by
Judge Bensons decision as - this mat
ter
No. the dismissal OF the case against
Smith is no bar to another prose. ution.
Mr.. McEiroy thinks all indictments
found in the absence Of the prosecuting at
torrey from the grand jury room. OK In
presence of special counsel. viii he void
VIII the Money he Returned:
When interviewed yesterday Mr.. King
stated to the reporter that he had not
looked into the question 10 any extent.
and that until he had done so did not think
ii proper to express any opinion, lie
could not recall any case where exactly
the same point had been decided.
United States District Attorney w r.
Gay. who has been Smiths principal legal
adviser in the criminal proceedings against
the latter was seen by a Post Intelngen-
Ger reporter yesterday afternoon in re-
gard 10 the grand iury's report. Mr. Gay
had not yet heard that the report had been
made. but upon hearing its contents, said
In substance:
The report of the grand jury. censuring
Prosecuting Attorney McE.lroy. 1 regard
a. ,he Judgment OF body of men who.
H. L.. ~.
nave been strongly influenced from the
outside In their deliberations and who
nave heard but one side ~ complex legal
question. The charges against My Smith
We're dismissed by Judge Jacobs IN omen
court after the most mature consideration.
The supreme court had passed upon the
questions presented in a way unfayorahie
10 the prosecution. and II was and Is my
opinion. and IL was and IS the opinion OF
nearly every lawyer who knows The facts
and has considered the law that Mr. Smith
could not be convicted upon a trial. And
of this Mr.. McF.lroy was also honestly sat
isfied. after doing all in his power 10 draw
an information which the court would sus-
tam. Although my opinion from my re-
iations 10 Mr.. Smith. may have but little
weight. | consider that he acted with the
best interests of the county in view. be-
Heye that the judges OF the superior court
of this county are men too honorable and
fair minded 10 pay any heed 70 this one
sided grand jury report. and | am salts
lied the matter Will never go further. To
appoint special counsel TO investigate and
prosecute Smith and the others even II II
shall BE adjudged legal, would. In my opin-
ion. be waste OF time and money for the
reasons stated. and | think such counsel
VIII not be appointed
Furthermore, Mr.. Smiths sister. who
furnished most Of the money paid in his
settlement with the county made great
sacrifices fer the purpose. and for the
county 10 retain this money and yet pros
ecute Smith think would be most di=hon-
cradle.
with regard to my line of defense.
should an indictment be returned against
Smith. | cannot now speak, but | have no
doubt OF the outcome Of Z trial. Smith can
never be convicted"
Whether the money taken from Smith
will be returned II the prosecution is re-
stunned could not be ascertained yesterday.
1t seemed TO be the general opinion among
the county officers that it would not.
Judge Jacobs Statement.
Judge Jacobs. who dismissed the Smith
case on McElroy's motion. said last night:
Mr. McElroy asked my advice severa,
times in regard 10 the compromise, but |
held aloof from II. told him ] was the
deal with questions OF expediency and
policy. | said 70 him: You know the facts
and the law In this case; take such steps
as you think they require, and ! Viii make
no factious opposition. Other than that
! said nothing TO him.
ing TO him"
II is well known that Judge Jacobs was
not in favor of calling the grand jury, and
that II was for this reason Judge Benson
issued the call Judge Jacobs believes
that the money paid by Smith should be re-
funded II he is prosecuted.
r. ID. Hlnckley at whose request the
grand jury was called, had nothing 70 say
I'm regard 10 the report. except that Il salts
fled him. Let the villains be punished is
all / ask" he remarked.