The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-10
INDICTMENTS IRE INVALID.
So Judge Moore, Of the Superior
Court, Has Decided.
WORK or GRAND JURY IN VAIN.


Every Indictment found by the recent
ing Attorney MeElroy or one Of his dep
ritles, is invalid. This. In substance. is
the decision handed down by Judge Moore
In the superior court yesterday. when he
held that in excluding the prosecuting at
torney from the grand jury room ana
appointing special counsel 10 assist the
grand jury IN investigating the county
read frauds. Judge Benson. of the same
court, exceeded his jurisdiction. On this
ground Judge Moore set ASIDE the indict
rnent charging Levi G. Smith and ex-
!! County Commissioner Heaton with fcrg-
cry. His decision Oh similar motions III
the other road fund Cases Judge Moore
reserves. pending the result, of an appeal
in the forgery case against Heaton.
The eases in whieh motions to set aside
the indictments were made were those
OF Smith and Heason, Jointly indicted for
alleged forgerys the. same defendants,
jointly indicted for alleged obtaining of
money under false pre;enses: County
Commissioners James II. Boyce ard Hea-
ton. Jointly indicted for alleged false pre-
lenses: +. s. Kinney and Heaton, jointly
indicted for alleged false pretenses
Robert Gourlay. indicted for alleged false
pretenses, and James Bracket and Hea-
ton. indicted jointly for alleged false pre-
teEses
These motions were argued before Judge
Moore on Saturday. Apri. 2, and submit
ted for decision, which was rendered yes
terday
The decision OF Judge Moore sustars
all the motions, although the ruling was
made in but one case. that of Heaton
and Smith. indicted for alleged forgery
s. ID. King. one of the special counsc,
excepted TO the courts decision on this
motion. and will AT once appeal the case
to the supreme court. In the meantime
Judge Moore's decision on the motions
In the remaining cases is reserved
1t the supreme court uphoIds his tleei-
sion. the judge will set aside the indiet-
ments in each OF the other cases II
the decision Is reversed. the motions VIII
al be overrnled. To the end that the
legality of Judge Benson's action may
be passed upon by the supreme court by
the appeal OF one case. each of the de-
PENDANTS yesterday waived his right to
trial within sixty days from the filing
OF the indictment. against him.
The only indictments held invalid by
Judge Moore are those against alleged
county road fund swindlers for Il was
from The Investigation of these cases only
tina. Prosecuting Attorney McElroy was
debarred by Judge Benson or the strength,
of the grand iury's report that in It's opin-
ion McElroy had erred in iudgmen, in
causing the dismissal of the prosecutions
AGAINST Smith and accepting money in set
tIssnent of the latter's defalcations. All
other indictments are held valid
John f. Dore. Hea.on's lawyer. who has
spent a great deal of time In looking up
the law upon the subject and made the
principal. argument in favor of she mo-
tons before Judge Moore, has al all times
declared that Judge Benson's action could
not be sustained. and says thar he Is con-
fident ;nat the. supreme court will sustain
Judge Moore upon an appeal.
Special Counse, King is inclined to take
the decisioa philosophlcally. He says that
the ONLY question before the court was
whether Judge Benson had jurisdiction 10
anpoiE: special counsel. Judge Moores
decision was that he had not Tie deci-
sion Of the Supreme court in the matter
would be final ami an appeal would be
taken a. once.
Prosecuting Attorney McE1roy. whose
contention for the right 10 appear before
the grand Jury !n the road fund investiga-
ton is sustained by Judge Moore's decl-
sion. feels much gratihed at the result.
THE only thing 1 regret" he said. lis
tina, the decision was no, by the Supreme
court IL states the law correctly, ard
have no doubt the supreme court viii up
mold !. on appeal"
Heater feels iubiiant and considers that
al Of the indictments against him are as
good as dismissed already
Jadge jacobs Is not surprised n, Judge
Moove's decision. II is said He opposed
the calling Of the grand jury. II wln he re-
fnemhered
Most Of the grand j'iry's time was taken
IN with the investigation Of the road fani
scandals. for which purpose (, WAS special
Iv called and the quashisg of the iadiet-
ments against those brought TO bar for
Ehe alleged swindles ulesrs that the great
CT uagt Of the large amount OF money the
esand Jury cost has been uselessly ex-
pended.