The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-07-17
ROSS GIVEN HIS LIBERTY.
ALLEGED MURDERER OF WILLIAM
BENSON NOW A FREE MAN.
nation That They Desired to-
Prosecute Him An the state Court
for the Crime-A Good Prisoner.

Charles Ross, the alleged murderer or
wat.uce Benson, on the Yakima Indian
reservation, IS a free man. No Intiniation
having been received from the Yakima
county authorities that they had any In
teat:on OF prosecuting Ross under the
state laws, Judge Hanford ordered the
prisoner released from the county jail yes
;erday morning. and just before noon Ross
walked down tbs courthouse hill with his
lawyers.
There is possibility. it IS said. that il
Ross goes back TO his squaw wife. and
dusky baby on the reservation. he may be
rearrested by the sheriff on the same
charge which failed in the Federal court
before Judge Hanford. because the indiet-
ment did not state that Ross was an In
dian. II is understood. however, that Ross
Will return just the same.
Jai!er Erisman says that Ross made
good prisoner in the county jail
H. j. Snively, counse! for Ross was seen
by q Post-iateiligencer reporter at the
Hotel Northern yesterday and asked if
there was any probability or Ross being
ever called upon again 10 answer the
charge oG numbering Benson. Mr.. Sniveiy
replied:
Ross has already had four hearings up
on this charge. two before the Indian
court upon the merits of the case, az each
OF which he was acquitted; one before
justice OF the peace In Yakima county, at
which he also was acquitted: then the
indictment by the grand jury in the United
States court at Spokane. from which he
has just been finally relieved. Ross Is not
guilty. The fact is that Benson was never
murdered He met his death by being
thrown from a horse while very drunk.
His neck was broken. 1 myself had the
body exhumed and examined by medical
experts, all OF whom gave their unqualified
Judgment in support of the theory of death
by accident I am very sure. therefore.
that Ross will not be further prosecuted.
as the county Of Yakima Is in charge of an
excellent prosecuting attorney and an
equally competent sheriff, both Of whom
are very careful about mourning expenses
In the waging Of prosecution where there
is no possibility OF conviction"
When asked what he thought of the
hiatus In tha law which brought about the
discharge Of Ross Mr. Snively said:
When We became a state by virtue OF
our sovereignty, all the territory embraced
within our borders became subject to the
laws Of the state except where jurisdiction
was reserved by the United States statutes.
Jurisdiction over the Indian reservations
WAS not reserved and as the United States
courts have Jurisdiction only when con-
ferred by statute. Ii was in this instance
clearly without jurisdiction, While ii is
true that the United States attorney took
an exception to the courts decree. / do
not think he will appeal the case"
In answer to the question whether he
would rather try the case In the state or
the Federal court. Mr.. Snively disclosed
curious phase IN law. He said:
Everything being even. I should rather
try the case In the Federal court: but
under the United States laws a mans wife
cannot testify IN his behalf, while under
the state laws she can. In this case for
instance, Ross wife, who is a very i'm
portant witness for the defense. could not
testify in the Federal court. but in the
state court she could; SO in this respect
great advantage for the defense would ex-
list in Il trial in a state court"