The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-10
WAR HORSE" WHITES JOKE
REFERRED GRAN DJCRY To IT'S
LAWYER FOR INFORMATION.
Prosecuting Attorney McElrOy Was
Governed by the whitney Case In
Compromising the smith Cases.

When Judge Benson appointed 5. d.
King as one OF the prosecutors for the
grand jury which was summoned TO look
into Prosecuting Attorney McElroy's action
In having the cases against Levi Smith and
the other warrant forgers dismissed. the
fact was not noted that Attorney King had
not very long ago been interested in a
case involving the same points OF law and
had argued precisely as the prosecuting
attorney did when he had the charges
against Smith dismissed. In fact. the de-
eision in the Whitney case. in which
King took such prominent part, was the
basis of Prosecuting Attorney MeElroy's
petition for dismissal. This fact was cali
ed to the attention of the jury. II is said.
in avery forcible manner yesterday when
W. III. White was giving his testimony.
When Prosecuting Attorney McEiroy
was on the grand jury witness stand on
Monday defending the action taken by his
office he stated TO the jury that he had
not moved for the dismissal Of the
charges until he had consulted with a
number OF prominent attorneys. among
others Attorney White. known as War
Horse" He said that Ii was the opin-
ion OF all these attorneys that IL would
De much better for the county to accept
the money than TO try and get a convic-
ton, which had failed I'm the case OF Harry
Whitney, who was charged several years
ago with having secured some ST. 700 from
school district No. by raising school war
rants. According to McElroy's testimony.
these lawyers argued that to push the
criminal charges against Smith and the
other warrant jugglers would only result
IN the cases being decided against the
ffFatR hssf he
come the almost endless litigation against
the county auditor and treasurer by the
holders OF the forged warrants all OF
which the county would have to defend
Prosecuting Attorney McElroy stated
that Attorney White had represented the
school board in the Whitney action and
at that time had advised that the prose-
cution be dropped II the money was re-
FUNDED. The Smith case, ii was stated
involved the same legal points The iury
accordingly summoned Attorney White TO
appear yesterday
The old War Horse responded. and
was in the midst of his testimony In the
whitney case when. 1t Is said he remem-
oered that Prosecutor King had repre-
scented Whitney. 1t is said he yelled out:
Gentlemen. Prosecutor King here knows
all about this case. He was one of the
attorneys who represented Whitney and
MADE very able argument in favor of the
dismissal of the charge"
Then the War Horse" il Is said. went
on TO tell how Attorney King had argued
Tor two hours before Judge Humes in
favor OF dropping the charges against
Whitney and had finally persuaded his
honor to take that view of the case II
Is stated Attorney Whites testimony was
IN support OF the stand taken by the
prosecuting attorney
The grand jury spent part of the ssv
examining Mrs. Catherine Harvey and
her mother, Mrs. Murphy. who accused
w Johns of having performed A criminal
operation on his wife a few weeks AGO
The accusations came out in trial he
Tore Judge Benson on Tuesday. and the
women appeared before the grand Jury BY
order OF Judge Benson