The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-01-12
OBJECTED 70 JUDGE BENSON.
NEW POINT RAISED By LAWYERS
IN CONDEMNATION CASES.
in Land to BE Condemned for Ca
nal Purposes He VIII Not SIT n
Trial yudge-The Jury Dismissed.

TIE trial OF ths condemnation suits scs
land between Salmon bay and Smith cove
zee9e5 in the charging OF the waterway
between Lakes Crion and Washington ard
Elliott hay irte 3 ship canal. which was
commenced before Judge Benson n the
evil department. CT the superior court yes
ter5ay morning came 20 a s9ddsa and u1-
boxed fer stop before fairly under way.
Gec-Se Donworth. VIII Il. Thompson. e.
c. Hughes Judge wlasor and " W. VIII
shire. representing various interests. raised
the point that Judge Benson could rot So
on the case. as he had been uads one OF
the defendants. After listening 10 argu-
-1ens ca the point Judge Benson. without
deciding his right 20 try the case, called
Ia Judge Moore. before whom the entire
proceedings VIII Re held. In accordance
with Judge Moores order the Jury drawn
by Judge Benson was dismissed TIE casa
Will come up again on Thursday before a
new jury.
Prosecuting Attorney MeElEoy and his
deputy. John B. Hart. appeared before
Judge Benson with the expectation OF con-
menetng the trial Of the condemnation suits
at once. They knew that Judge Benson
had judgment len on a certain eawn lot
in Ballard which was included IN the : go
pieces OF property 10 De condemned. bet
they did not consider the interest SUI
f1cient 10 dsaualfy him from trying me
case The point was brought up at once
by the attorneys named and a vigorous OBJ
lection entered 10 Judge Bsasoa.s going
on with the case. There was coaslderab bic
argument by Attorney McElroy tn support
OK his position that Judge Benson was en-
titled 70 sit on The case. Without deciding
the point Judge Benson requested Judge
William II Moore. Of the equity and pro-
bate department. TO take the case. Judge
Moore took the bench
After the moan recess argument was
comm epced on the right OF the jury TO try
the case under the circualsS aaces The
jury Fad been drawn BY order Of Judge
Benson Ia the REGULAR manner, and the
eounty's attorney conteuded THAI il had
been properly drawn. The attorneys for
the respondents wanted a new jury, and
presented argument which led Judge
Moore 20 decide that Judge Benson was
such a party IL interest as to make his
order invalid The Judge informed the
prosecuting attorney thar in bis opinion
II was not safe TO go ahead with the ca q
with the jury drawn by Judge Benson
At 40 the jurors, who had spent the dav
IN the jury room, were called IN and in
formed that the county no longer needed
their services n the present case.
In setting the case FOR Thursday MORN
ing judge Moore stated that he had TO 20
20 Tacoma today and held court for Jul -
"a" iii-ans. vao has been acting In his
place here. Judge Benson will hear the
cases IN the equity and probate depart
ment until the Trial OF the condemnation
suits = finished.
Prosecuting Attorney AcElroy says that
some q the cases viii he bitterly contest
ed. and n Is more than ever % the opinion
taat i Aii be number OF weeks before
the last piece Of land has been condemned.
The stand taken yesterday by the respond
eats attorneys Is considered to in6icafa
tnat they propose 10 make a fisht 10 secure
big damages for the land