The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-09-15
FORGER HARD|NG'S CASE.
he NOW APPLIES FOR A WRIT mr.,
HABEAS CORPUS.
issue involves . Question Of Crim-
mai Law Never Yet Decided by
supreme Court-PrisOner "stood
Mute'' When He Received Sentence

III. IL. harding. who IS alleged 10 have
defraudet the banking house OF Dexter.
Horton a. Co. 10 the extent OF $50 last
december by means OF forged draft,
yesterday took his first step toward OBJ
tanning his iiberty upon technical grounds.
Harding is now 8 prisoner g. the county
jail under sentence OF five years In the
peuitentiary for his alleged crime. Pending
an appeal 10 the supreme cour: he has
not been removed tc the latter institution.
He claims tina; In imposing the sentence
without trial Judge Moore acted with
out authority o. law. On this ground he
yesterday applied 10 Judge Jacobs for
writ Of habeas corpus upon the ground
that his imprisonment Is Illegal. The APP
plication will be heard on September 2l-
The Harding case involves A question OF
criminal Law never yei decided directly by
the supreme court Of this state When the
case was called for trial before Judge
Moore last April Harding refused to plead.
He had interposed a demurrer to The in
formation fled by the prosecuting attor-
ney claiming that his alleged oTense. even
II committed as alleged in the instrument,
did not constitute Il crime under the laws
to whether the statute defining the crime
Of forgery was broad enough 10 cover the
alleged oGfeDse.
Judge Moore held the information good
and oyerrlied the demurrer. Harding was
called upon to plead further and refused.
acting under the advice Of his attorney.
Judge Richard Winsor. Under the old
English common law this was equivalent
Ia pleading guilty. There Is an old law
on the statute books which seems TO pro-
vide that in certain cases this Is also the
rule In this state.
When a prisoner stood mute" as II
was called. under the English law the
Judge imposed sentence sumrnarily. Fol-
lowing the old statute. Judge Moore took
a similar course and gave Harding four
teen years at hard labor. This was i'm
mediateIy reduced 10 Ave, however. the
first sentence having been imposed under
Il misrepresentation
The question which Harding intended to
raise on his appeal and which he has now
raised by the haheas corpus proceeding.
Is the constitutionality OF the cid statute.
In effect this law provides that when
prisoner. demurr!ng to an information or
Indictment and the demurrer Is over
ruled. refuses to plead over. the court
may sentence him In SIS discretion. /; be-
Ing assumed that the prisoner has admit
ted the truth Of the facts alleged In the
indictmen, or information
Prosecuting Attorney McElroy thinks
the old law Is sound. and points TO two
cases In the supreme court OF California
as sustaining his position. In the Straub
case in this state. Mr.. McElroy says the
supreme court has indirectly !ntimated
that Ii would follow the California court.
Mr.. McElroy viii rely on these cases when
the application for the writ OF habeas cor
pus is heard.
Attorney John +. nore. who is one OF
the legal advisers OF Harding. - conf
dent that the sentence was absolutely void
and a nuillty. No court. he says. since
the time of the Magma charta has had the
power TO deprive an accused man OF the
right 10 trial by Il jury Of his peers.
Mr.. Dore believes that Judge Moore
should have entered plea Of not guilty
for Harding and then proceeded TO try
the case In the ordinary manner.
Another contention Mr. bore makes is
that under the law Harding should have
been brought 20 trial within sixty do at
ter the fling OF the information. but that
he has been In tall since December -
and t. still un;rod In Mr. nores opin-
ion the proceeding before Judge Moore
was not q trial. II this second contention
81 sustained Harding can rot now BE-
brought 10 trial for his alleged efgense ana
VIII go sect free.
The police claim that Harding is a Grim
he has 'f!ifr-fiammed'' other banks as
neatly a. he d,d that Of Dexter. Horton,
4 Go The draft Harding IL alleged "a
have korged was drawn on the Bank Of
PIT county Greenviile. \. Z. II was
blngling piece Of work. detectives and ex-
Jse~tS in suvh matters say. 1t was FOR
s. nlo. bat Harding had drawn bat S1,J1
when he left Seattle. He WAS recaptured
IN Regina on the British side
Before his alleged trial Harding made
good tn the bank the amount he had oh
n ned upon the draft. The draft Itself was
turned over ~ Harding's wifi by the
bank IL is said. Al any rate. when the
ease was called for trial the instrument.
which was the principal evidence against
Harding. was missing. ard WAS never pro-
3ucvA
II Is claimed that the bank was unwli-
ing 20 prosecute Harding after the resti-
tuition vas made. Al the time She prose-
cutting attorney was considerably ceusUre3
for allowing the draft TO pass ont az his
hands before the trial.