The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-11-30
ATTORNEY" POWELL
TURNED DOWN HARD
BY JUSTICE CARSON,
Constable Whftford Is Upheld in
Disobeying Percmptory Notice,
Under Threat of Prosecution for
Failure to Deliver Property.

The path OF Attorney Charles e. Pow
ell up toward the giadsome heights Of jur-
fsprudence seems flied with stum-
bling blocks. One ot the lates. indi-
viduals TO east a stone in the direction of
the doctor of laws of he made in Chi
cago" brand IS Constable Whitford. of
Justice Austin's court. Constable Whit
ford is not concealing from anyone that ne
has crow 10 pick with the great damage
suit lawyer" lie says Powell attempted
to biackmal MIN by threatening suit
upon his Official bond, and In Justice Car
sons court few days ago Attorney L. e.
kriete, Whitford's brother-in-law and le-
gal adviser. reiterated the charge in open
court during the hearing of a case in which
Powell was plaintiff.
According 10 Whitford's story. be served
some papers. a summons and a repIevin,
upon the defendants IN the case of c. T.
foWel vs.. r. l.. Devcrs and Agnes Dew
ers brought before Justice Carson The
service was made at Powells request on
November :. Whitford served the papers
absent from home Whitford says Powell
authorized this incomplete service for the
reason that cons'able's fees would be
thereby saved.
However this may have been Whitford.
IL seems. grew doubtful regarding the le-
gsthty or the service, and sought the ad-
vice Of Denning X kriete, his lawyers.
They advised him that the service was alb
souteiy worthless. and advised him TO cor
rect ii. Whtford did 80 about a week
later.
In The meantime Powell. Whitford al
leges, came 20 him and demanded that he
turn over Il trunk taken BY him under
the writ OF replevin. Whtford says he
refused Oh the ground that the requisite
five days had not expired since the valid
service Of process. Then Powell served
upon Whtford the following notice:
In superior Court. King County. State
of Washington Duwamish Precinct, before
Harm Carson, Justice of the Peace
Charles z. Powell. Plaintiff. vs.. f. l..
Dever and Agnes Dever. Defendants.
TO Constable Whitford: Sir-You will
please take notice that you and the sure
ties on your Official bond viii be prose-
cuted for your failure 70 make return of
process or return as 10 the defendant Ag-
mes Dever or 10 serve process on F. l..
never and further, for your failure to
deliver property taken on writ Of replevin
IN said cause TO the plaintiff. more than
three DAYS. having elapsed since the levy.
ment Of action against YOU and suretes.
which will be commenced al earliest posi-
bic opportunity unless Won deliver said
property. Very respectfully.
Plaintiff IN said Action
As matter Of fact, II Is claimed by At
torney Kriete that Powell had no right to
make the threats contained IN the notice
That says Mi Krcte. was for the court
10 DO If convinced that the constable was
refusing to do his duty. Mr.. Kreite told
the cour. 50 when the matter came on for
hearing. ana openly charged what Consta-
bic Whltford believed and charged that
Pownns object was not 70 compel Whit
forI TO deliver the property. bat to Brighten
trn into c0mDrcmsSing for money the
threatened suit against his bondsmen
The court in spite ~ the oratorical -
forts Of the doctor Of laws" upheld Con-
stable Whitford on al points when the
matter came up for Adjudication IN mo-
Ion Involving tho right Of the constable
- refuse % turn the trunk over % Powell.