The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-01
M mn \ HAs FALSE.
u aaD CLANCY AND 4 CHAT
- uceToAoE ruEY MADE-
rAea TAat II was Given for .
rr,e snl valsaSss cesssAerssiss
Sew say IL Was 70 h
Aer ana Defraua other Creois

yessr r. BuYns and Thomas II. Clancy
aoxa veil known in Seattle. gave ses''-
neay yesterday IN ciyl suit In 'aas0
Hensosgs court soon which may FORM she
hssss for an information against tae'n
eharr.ar them with perjury.
Burns and Clancy both s"ors thA'
esrtsan ehastei mortgage mace v me"
~ years ago to the A. P. Ho;alins Com.
many vas designed 20 hinder. dssraao aao
~u,.,arra.s the other creditors OK the nfm
- Clancy 4 Burns Attached to sae mort
ssxs Is a afsdav.t stating that the mort"
xaxs was made for . true ana sAaaao'e
consideration, and no, Tor the purpose o.
tnAursnx or dMsyiHg the firms otner
creditors. Both Clancy and Burns signed
ths AFFIDAVIT and IL ID duly attested ~
Douglas Young ~ notary public.
Tnia affidavit. said Clancy and Burns
uppn their oath yesterday. IL false. Mr..
Basns said that he knew It was false
vhsn - swers TO IL. He said that It was
nsds for tbs very purpose OF h!ndering
end dsfraud:ug the creditors OF the Arm.
JsdSs Benson heard the testimony, UNI
novsd. and the court has not indicated
shss action. II shy. !. wiz take. I. may
Dc asfsd Ia this connection that in the law
q d 20, new thing for Htigants to swear
that ss some time or other they pertured
themselves to accomplish a business pur-
pose. Prosecutions Cor perjury under such
circumstances are not frequent.
The self-accus.ag evidence given by
Burns and Clancy was the sensational
feature OF = suit brought by Lou Graham
against the Hotas.ng company 10 prevent
tho szle under foreclosure Of a chatiel
mortgage Of the fixtures I'm the Mirror sa-
loon, on Third avenue and Washington
street, According TO the p!sadings IN the
eAse Clancy 4 Burns executed a ehattel
mortgage to the A. +. Hotailng Company,
july II. lsa2, covering the stock aud fixt-
erss tn the Mirror and Never Touched Ne
saloons. 10 secure u note for S7.7iS.us. A
year later another mortgage was exc
cated for s.. 63s In favor OF the liquor COM
paay. OF which sum, as appears by the
mortgage. 8. - was balance due on the
Grst mortgage and $i.si3 was new debt.
Last December. elise a. King, acting for
the Hotaling company. levied ON the fixt-
nFes and other property in the Mirror
saloon 20 saf.xfy the mortgage.
Mss Graham caused the pos,ponemcnt
81 the sale by bringing suit in interven-
tion. making the Hoialing company de-
tsndaat. She affrmsd that the mortgage
covering the fixtures, etc, of the Mirror
aaiooa was made by Clancy Il Burns for
The direct purpose u preventing the other
creditors OF the firm from collecting their
dis against the house, herself among
sns number The intervener further al
asged that the HosAlinx company knew
that his vas true. II was also alleged
That Clancy Il Burns owed the Uoialing
company but t.as al tho time the mort
gage for S,76 was executed.
Tha fnsefyenot's complain. contains tho
shexauon that Clancy s. Burns were In
csosed 70 her In the sum OF s3.oss for rent
OF the premises occupied by the Mirror sa-
1907, ana that 10 aatisfy the debt q deed
nad BEEN made In her favor by the firm
ssst November. covering the stock and
fixtures OF the place. This intervenor con-
tends that her deed IS prior 10 the mort
gage, and the prayer OF the complaint a
that tina court Will set aside the chat
tes mortgage ard declare her lille to the
property good.
The trial of Miss Graham's euit In In
Prevention was begun Friday before Judge
Bseson Nothing sensational was devel-
eped until yesterday, WHEN both Clancy
and Burns swore positively that the Ho-
sallng mortgage was made 10 eefraud the
other creditors or the firm. and that the
asadavli they had signed was false
A hot fight between the parties TO the
suit 10 being conducted before Judge Ben
son. The attorneys for the Hotaiing COM
pany declare that the mortgage made In
faver OF their client was for goods sold
ana actually delivered to the firm OF
Clancy & Burns, II is hinte,i tina, the
in'srvsaor and tho msksrs OF the mort
gage ara allied 20 preveas the collection
81 The Hcsaiins debt.
II came cut during the taking OF testi-
mans that Clancy & Burns had occupied
shs premises 1T Thisd avenue and Wash
insisn street from February. 1881. TO No
Ssmssr, 1877, without paying any rent
whatever,
Yesterday the ease for the plaintiff In IN
tstSsnsioa was closed Mr.. elisa promptly
caoysd for d.ssnsssal. bat the motion was
Sss*d The triai was continued anul
Monday.