The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-03-05

Doubts as 70 the legality OF the action
OF Judge Benson in appointing 5. D. King
and Assistant Attorney-General T. NJ.
Vance as special counsel 10 represent the
state in the grand jury room during the
Jury's present investigation still iinger.
and Prosecuting Attorney McElroy. who
considers that he was not fairly treated
when he was thus suppianted in the per-
Torrance OF the duties OF his office. only
smiles broad smile and looks wise when
any one suggests the fact 10 him. Until
very recently the prosecuting attorneys
office has feigned profound ignorance OF
what the gram jury is doing. but yester-
day II came to light that Assistant Prose-
cutting Attorney John b. Hart has been
called in 10 assist the special counsel in
the grand jury investigation. This can
bear two interpretations-one tina. a truce
has been patched up between The special
counsel and the prosecuting attorney 5
office, and the other that the prosecuting
attorney has forced this much recognition
out OF the special counsel All parties are
silent on the subject.
The fact that the special counsel are I'M
certain OF their legal status is admitted by
Judge Benson himself. who signed an
order yesterday setting out at greater
length than IN his former order the exact
duties OF the special prosecutors, and
specifying name by name the alleged law
breakers TO whose cases the special coun-
sci should confine their attention. Ii seems
from Judge Benson's statement that these
points were not specifically covered in the
former order. The new order was not filed
by Mr.. King, and an inspection OF its con-
tents was refused, but IL exists just the
same.
Judge Benson says he is firmly con-
WINGED that the appointment of the special
counsel was entirely legal. but does not
deny that many other good lawyers think
differently. He said yesterday that he
was sorry the matter had not been car
ried 10 the supreme court by Mr.. McElroy
when the controversy first arose. as, should
the appointment turn out to be Illegal, the
work OF the grand jury in connection with
the warrant swiGdles would be invalidated.
He said the question could only be finally
decided upon appeal from a conviction
upon an indictment in one OF the road
warrant cases.
The judge further stated that the special
counsel We're now limited in their duties
to the investigation OF the road warrant
scandals only, in which he had held MI
McE!roy disqualified TO prosecute. At first
they investigated other cases also.
The fact that Mr. Hart has taken charge
OF all other business coming before the
grand jury, and that the special counsel
are still retained. has caused no little I'M
favorable comment among those cogni-
zant Of the fact, who say that the county
IS being put TO needless expense. Judge
Benson emphaticaily denies that the coun-
y will lose anything by the matter. He
says that the court VIII pass upon the
compensation to be allowed TO Mr.. King
and Will see that il is not exorbitant, and
that Mr.. Vance, being an employe Of the
state as assistant attorney general. would
receive no additional compensation from
King county. Mr.. King would be paid
for his time actually expended, the judge
limited.
The grand jury, those about the court
house say, seems 20 be n most giraffe
body and mixes investigations Of all sorts
in the most bewiIdering manner. on
Thursday ii was the gambling evil. with
read warrant scandal on the side. Yes
terday the road warrant cases were on
again. but the charge Of murder against
Dan Mcmillan, the "hypo" fiend. accused
OF poisoning frankie Davenport week
ago. also came In for share Of the jury
attention, and several witnesses I'm the
case, including Clara Dunlap, to whom
the woman made threats Of suicide, were
examined.
The jury viii undoubtedly report today.
as Judge Benson instructed It some time
ago not to remain IN session longer.