The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-01
III KNEW II MS EA[sE.
nrnxs ASD CLANCY AND 4 CHAT
~ MORTGAGE 9NEI MADE.
Th~n That II was Given for a
True ssa Valuable Consideration
-xow Say % was - ME-
Ser anA uefraaA Other Cvedifofs-

petsr r. Burns and Thomas III. Clancy
both wei known in Seattle. gave fsssi-
nony yesterday In eiva suit 10 Josse
B<nson's court room which may form sfie
basis Tor N Information against sas'n
charx.ng tnem with perjury.
Burma and Clancy both s"ose ihas
certain chatsss mortgage made % iheH
X years ago to the A. +. HoIahng 20"
many was designed TO hinder, dtfrsud ana
emharrxss The other creditors Of the nrm
- Clancy 4 Burma Attached TO the NOR
gage is an affidavit stating that the mort
gage was made for . true and vaiuaoie
consideration. and not Tor the purpose q
fa;aring or delaying the Arms ofHef
creditors Both Clancy and Burns signed
the affidavit and II In duty asssstsd "
Douglas Young a. notary public
This affidavit. said ciancy and Burns
upon their oath yesterday, 10 falze. Mr.
Burns said that he knew it Was false
when ha swore 10 Ii. He said that IL was
nizds for the very purpose OF hindering
and fiefraudsng the creditors OF the Arm.
Judge Benson heard the testimony. IN
moved, and the court has not indicated
what action. II any. !, Win take. II may
be gated in this connection that in the law
Il Is not a new thing for atigants TO swear
that al some time os other they perjured
themselves to accomplish business pur-
pose. Prosecutions for perjury under such
circumstances are NOT frequent.
The sesf-aceusiug evidence given by
burns and Clancy was the sensational
fsaturn Of a suit brought By Lou Graham
agalIsst the Hotallng company TO prevent
the Saia under foreclosure or chatisl
mortgage OF the fixtures In the Mirror sa-
ioon. on Third avenue and Washington
street. According TO the pleadIngs in the
case. Clancy Burns executed chaftel
mortgage to the A. r. Hosaiing Company.
July IA. 1857 covering the stock and Gxt-
nFex In the Mirror and Never Touched Me
saloons. TO secure d note for S7.I4ses A
yssr later another mortgage was exc
eaied for 1855 in favor OF the liquor COM
pAny. Of which sum. as appears by the
mortgage. ss.zzs was balance due on the
frE mortgage and si.5l3 was q new debt
last December. elise & King. acting for
the Hotaiing company. levied on the fixt-
ases and other property In the Mirror
saloon 10 satisfy tire mortgage.
Miss Graham caused the postponemeut
OF the sale By bringing suit In interview
uon. making the HotAlng company de-
fsndaat. She affirmed that the mortgage
covering the fixtures. etc. Of the Mirror
ssioon was made by Clancy 4 Burns for
tho dree. purpose Of preventing the other
creditors OF the firm from collecting their
bills against the house. herself among
the number. The in;erveno- further al
legged that the HotalinS company knew
that this was true. IL was also alleged
that Clancy & Burns owed the Hotalsng
company bur 1853 at the time the mort
sage for E.sfs was executed
The lnserrenor's complaint contains the
allegation that Clancy a Burns were in
devoted 70 Ter tn the gum OF s.. o62 for rent
or the premises occupied By the M.rro~ sa-
loon, and that TO satisfy the debt deed
Rad been made In her favor by the firm
last November. covering the stock ard
hxtures OF the place. The intervenor con-
tends that her deed is prior 10 the mort
zage. and the prayer of the complaint IN
sast the court will Sc. aside the chat
tei mortgage and declare her title 10 the
property good.
The trial es Miss Graham's suit In In
tssvenlion was begun Friday before Judge
Benson. Nothing nsAi.onal was devei-
eped nnsG yesterday. when both Clancy
and Burns swore positively that the Ho-
hAng MORTGAGE Was made 10 defraud the
ether Creditors or the firm. and that the
ahdaylt they had signed was false.
hot fight between the parties 10 the
sais Is being conducted before Judge Benz
tsn. The attorneys for the Hosallng COM
rany declare thai the mortgage made In
'Atev OF their client was for goods sold
and actually delivered 10 the firm OF
ilsncy < Burns IL Is limited that tbs.
'nisryeaar and tsa makers Of the mort
Ease are allied 70 prevent the collection
OF the Hosaling debt.
II came oai during the taking of tests-
Mony HAT clancy & Burns had occupied
ne premises AT Third avenue and Wash
3usien stree. from February. 1891. TO Mo-
ssmesF. 1856. without paying any rent
whatever
Yesterday The case for the plaintiff In Ia
sssfsaeea Vas closed. Mr.. elisa promptly
xaosea for dismissal. but the motion was
Moaaay. '"'''