The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-09

SO eager was Mrs. Catherine Harvey to
convince Judge Benson yesterday that her
brother-in-iaw. ". p Johns. was not a
tit person 10 have the custody of his Il
year-old son that she brought out in her
testimony that he had committed a GRIM
inal operation on his wife two weeks ago.
So impressed was Judge Benson that he
ordered her and several others TO appear
before the grand jury this morning so that
the charge may be investigated. Mrs.
Harvey was a very much surprised wo-
man when Judge Benson made the order
that may send her brother-in-law TO jail.
She had no Intention of making any
charges against him. but simply testified
TO carry her point with Judge Benson and
keep her nephew at home.
The complaint in the suit was filed yes
terday. Johns asked for the recovery OF
his son. Robert f. Johns, alleging that he
was being detained at the Harvey home
on Maynard street Johns appeared before
Judge Jacobs and secured a writ of habeas
corpus. which was made returnable in
the afternoon in Judge Bensons court.
In answer TO the writ Mrs. Harvey pro-
dueed the boy in court. She was accom-
panied by her mother. Then commenced
one of the strangest trials that has been
held in the superior court for some time
Mrs. Harvey had no attorney, but was
ready TO conduct her own case. which she
did in wonderful way. She was very
much excited at times. She went on the
stand number of times to give testi-
mony. and once climbed up on the bench
TO show Judge Benson a letter which, it
Is said. had absolutely no bearing on the
case. She evidently did not know what
contempt of court was. for it was impos-
sibie to stop her until she had finished
what she wanted to say
Her story, which is supported by testi-
mony OF her mother and brother. Is that
since the boys mother died seven years
ago they have taken care of him. They
claim 10 be very much attached to the hoy
and say that they have fed. clothed and
cared fer him without very much assist
ance from his father who is a miner and
often out OF the city fer Il long time They
charged the father with drunkenness. and
asserted that he was not the proper person
TO have charge OF a son.
ihtit the iatntr told his story. He said
that he would leave in few DAYS for
Alaska, to be gone perhaps five years and
that he wanted the boy properly looked
after during his absence. He said that he
had made arrangements 10 put him in
Nashon college during his absence.
number of his mining friends testified as
10 MS good character. Judge Benson was
inclined 10 give the boy to the father If It
was shown that he had been and would be
provided for
Mrs. Harvey saw that the case was slip
ping out of her hands and became dcsper-
ate. she again took the stand and yelled
out; Why. ! saw that man try to make
counterfeit money once" Her brother told
her 10 keep quiet. as that had nothing to
do with the case. Then she said that two
weeks ago he had almost killed his second
wife by performing a criminal operation
on her. She further stated that DR. Sharp-
less was sent for. and that when he ar
rived he refused to have anything TO do
with the case. Then another physician was
sent for and brought the woman through
all right, according to Mrs. Harvey. Mrs.
Harvey went into detail about the matter
when questioned by Judge henson little
imagining what the outcome would be
After telling the father that ne could
nave the boy on bringing proof that he had
arranged with the Nashon college authori-
ties TO take care OF him for two wears
Judge Benson ordered Mrs Harvey and
her mother 10 appear before the grand
jury this morning and tell all they know
about the alleged criminal operation. Johns
said that he wanted the charges inyestf-
gated, and VIII also appear before the
jury this morning.