The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-06-26
JUDGMENT IS SUSPENDED.
COURT HOLDS THAT CONVICTION II
soF JUSTfFiED.
Not Liable for Grana Lareeny Tn.
aer Judge Jacobs CharHe-Cha-
grin of the Prosecuting Attorney.

Judge Jacobs stepped CT the tails Of
Procuring Attorney McElroys otac1&.
Goa, again yesterday morning By declaring
Trorn Tie bench that TIE conviction OF
Dick Rose ard Jessie Montgomery of
grad larceny was nos justified under his
ossrge % the jury asst week ard anaeunc-
ing ne Judgment N tie cou-- would De
permanently suspended TIE cefendaS -
vsss gsAty Of ss,bezzlen.eat, possibly. the
tQegs szse. and he wosid hold them under
80 bonds each 70 await iae fling O. an
Informal .os. charging them with that
cr.uas. TO sGy thai the prosecuting at
aoraey's Office feels chagrinsd Is 10 put il
u.l.a.y. ana il may De that shs supreme
csa~t wl4i 10 appealed to 10 sustain the
cosvlct.0a.
Hose AID the Montgomery woman were
convicted after 4 trial .astlng several days
o. stealing 81 from Fern Forrest. Eao
Eka the MONTGOMERY woman, was II
usts Of the Paris Aouse, disreputa bic re-
So.t On lover Main street. The Forces.
woman was Il 3 sad. intoxicated and
bgsugn, the money into the room occupied
BIZ Rose and the other woman and asked
ro.e % count &. y hlie he wac doiag SO
she became iTsens.bis froIa the effects Of
awoks IL her OWE room. Her money was
sone. She accused her supposed friends
T9.ey sea!sd the theft and sad they had
placed tie money under her pillow when
tAsy put hsr 10 bed
The state a. the trial proved pretty con-
ciuzsvely that Esssa and - Montgomery
woman did 90 40 return the money 10
Fern FosFest and under what were con-
e.s<reA remarkably fair instructions from
lie court the jury convicted the prisoners
At grand larceny The Instructions had
bear that Il me fury found that the money
ras intrusted % the defendants by Fern
rogYest u be kept for her. there cou-d be
no larceny. Judge Jacobs considers that
IA Jury d.areg Sraesi his instructions when
TIE verdict waa rendered. Tae prosecution
considers ,tla; the verdict 10 IL full accord
Azce with the iaB ana evidence. And there
IL whore Judge Jacobs and Prosecuting
Attorney AcEaroy part company. The
Prosecution II inks that II the states evil
6ence really showed emoezxiement the de-
PENDANTS motion for dismissal at the CON
c;1sson os tho states testimony should
hare been granted and the matter taken
from the fury entirely. The motion was
oyerru!ed az that time.
The case came up yesterday on a mo-
ton of the defendants for d new trial
Judge Jacobs declared then that the mo-
ton was entire,y out OF place but tina. ne
would consider IL a motion 70 arrest judy
ment ard grant II. allowing the prosecu-
Ton fine 10 file u new Information The
prosecution excepted 10 the courts action
e.; 4, may be that ar appeal 10 the su-
prsEne court may be taken and no new
.rsorr1a ton filed u I. close legal auex-
s'oo whether the state can appeal. Il IL
m.a
In fling the grand larceny Information
ths prosecuting attorneys office 4. IL a.
Pre- acted after much deliJeratlon, and
cams thu, under no circumstances could
eogy'etson OF enforcement have been
e6szsatd on he testimony.
L rpot impossible that this new out
hr.ak o. hostilitles between the court and
TIE raAlc prosecutor may result IN Rose
and ;he Montgomery woman escaping pun
!ssHaEt altogether. II Is alleged. The max
!rlar penalty for grand larceny !s four
teen years and foe ernbeyziemSnt zen