The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-06-25
ALLEGED MURDERER FREE.
JUDGE JACOBS GIVES EDWARD
REEFS SLAYER HIS LIBERTY.
On q Writ Of Habeas Corpus. the
Court Holds That the Evidence
shows the Crime Was Committed
In sen Defense-CouId Not Convict

John Mcs-heyn. charged with the murder
OF Edward Rees. a bartender. at wellng-
ten on April Is. walked out Of Judge ia
cosss' courtroom yesterday a free mar.
Theh court held. on al appiica-
ton for writ OF haoeas corpus.
,aat the evidence plainly showed that Nc
Chevn sho. Rees in seis-!efenee. and Prose-
cutting Attorney McElroy then moved for
a dismissal OF the charge. which was
granted.
The MeCheyn case ls one for which there
has been no precedent n King county, OF
late years at least. and 1, appears to be
the only one o. the kind on record In the
superior court. The only question was
whether Judge Jacobs. in the ha5eas cor
pus proceedings commenced by McCheyn.
would have the power to consider the evil
dence against McCheyn. who had been
committed 10 jail without a preliminary
hearing. In the same manner tina, COM
tniiting magistrate might have done, and
10 discharge the prisoner in case the evil
dence should prove insufficient 10 warrant
a trial William Parmerlee cited yester
day during the hearing of the matter ser-
eral decisions which gave the court such
power. and Judge Jacobs accepted them
a.s the law IN the case.
In MS application for the writ for Nc
Chsyn. Attorney PaImerlee had stated that
the transcript OF The evidence taken al the
coroner's inquest. transcribed and fled in
the superior count. contained ali the facts
in the ease. and that the same evidence
would have 70 NJ used in the trial il
were IL b. held. Attorney Par-nerlee
claimed that the evidence contained In the
transcript showed that Mccheyn had fired
III Seif-defense and had committed 10
crime. In making his answer 10 Mo
Cheyn's petition for the wri; Of Ia beAs
corpus Prosecuting Attorney McElroy al
init,ed that the evidence taken before the
corene~ wa, in fact all OF the evidence IN
the case.
Upon this showing Judge Jacobs did not
hesitate 10 declare Al once THAI there was
nothing in iGe evidsnc before him 20
Justify holding Mccaeyn, and granted jhe
WfI inis MAS enough in Itself 20 settle
tle matter. out in order to leave the record
n the case In better shape the proseclt-
iGg attorney tied later in ;he dag an
amended return 10 the writ OF habeas cor
paS In the fern II Z motion for McCheyn's
discharge on the ground THAI in the opin-
ton Of the prosecuting attorney. AZ well
as e the court. McCbcyn could not be
'@'ifh'AeI UPON itlt tNtUfHtF IN iGe cas-.
The motion VAS granted and FORMAL or
der Of discharge >!gn,1 and then AfcC'heyn
s.acAed his baggage and DID Jaller Eris-
slan farewell
The PR Necuting attorneys Office has
never hai any grea; hope e obtaining
conviction Of McCaeyn. ana regards the
termination Of The resul, e the habeas
corpus proceedings Is eatirel5 logical
Practically TIE wh2lc town Of wellington
agreed that Bartender Fees WAS in 4
drunken rage and Was dong his beS, TO
ann!hilate Mc"hcyu from motives Of pure
'"la.s'tineSs," when McCheyn stopped the
SAoWer of beer glasses and bottles by
IKE shots from his Tev0.ver. All the wit
nesses said that Rees was the aggressor
and when off the witness stand many Of
them intsnated tina: If they had been n
Mccheyn's shoes the shooting would have
commenced sooner.
Wheu McCheyn was admitted to the
county Jail he was covered with bruises
and cuts received In the fatal saloon row
He wass model prisoner. He Will not re-
turn 10 Wellington but will locate at Ev-
eFett, now that he is released 1t is said
that he comes OF a good family in the East