The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-24
HELD on ANOTHER charge
YER3ERRY, THE HACKMAN, AC-
CUsED OF ASSAULT.
Is Liable 20 he GiveA Life Inn
pris0nment - Hasel Belmont
hound Over In Emma Back CNse

As indicated In the Post-InterEgercer
Yesterday morning. the charge against
sam Neroerry, in connection with the case
OF Emma Back, not Beck, as she is com
monty called, Vas dismissed on motion
o. Assistant Prosecuting Attorney Full
ton AT the conclusion OF tie case where
In Hazel Belmont was held FOR tria! on
the charge OF admitting to her house a
girl under u years Of age. Yerberry was
arrested on the charge OF criminal as
saut- L. l. Back, father OF the girl.
made the complaint Yerberry was ad-
United TO BAH in the sum OF $50.
The arrest OF Yerberry under the law
OF 1881 means that. If he is convicted. the
supreme court will have an opportunity
10 pass on the constitutionality of the
act IL is al unusually severe law, and
many attorneys have expressed the opin-
ion that IL Is unconstitutional Under
its provisions there is no such thing as
consent under the age OF Is years. One
OF the principal objections raised is that
the way has been left open for blackmail
The penalty upon conviction Is life i'm
prisonment. or any term that the court
may see TT to impose The act uses
the words female child under IS years
1t is commended that when a girl reaches
the age of IS years she has been several
years over the period Of Childhood and
that Emma Back. who Is at least 15x
years old. viii be considered beyond the
period really meant by the law.
IL was an inQuisitive crowd that gath
cred inside and outside OF Justice Aus
tins court during the hearing OF the
case Every degree in life was repre-
scented. with the unwashed In the ma
JOrity. Men fell over each other in their
desire to get a peek at the girl. Some
far nc 10. ffyx.h fpr- u,fv1
while Others stood on boxes or anything
else they could find. and peered over the
shoulders of those who stood in front
Only women who had direct interest in
the case were present.
After the father of Emma Back had
testified that she was only fsis years old.
Emma was called TO the stand. She
said that she was born in Snohomisii
April 3. 1885, and that she had lived in
Seattle several months. about three weeks
of which time had been passed at 31a
Washington street. She said that she
went there at the solicitation OF Sam
Yerberry and that Hazel Belmont took
her In, knowing that she was under Is.
On cross examination. she said that when
she worked at a First avenue lodging
house she was In the habit OF staying
out nights. She refused to answer
questions as to where she was on special
occasions.
The state endeayored tc establish the
reputation Of the house through testi-
mony OF the girl and Detectives Barhee
and Williams. Evidence as to who con-
Quoted the place was also given by these
witnesses The defense asked for a dis
missal, claiming that the complaint al
legged that Hazel Belmont was the owner
of the place, whereas the evidence show
ed that she simply conducted 1t for an
other person. Justice Austin tod the
defense to proceed with its case.
Miss Belmont testified that she simply
managed the place for Edith Belmont.
and that she received Emma Back on her
statement that she was Is years old.
Claude Summers. an inmate. said that
she heard Miss Back say she was IS She
also testified that the girl told her she
had led bad life for two years. Sam
Yerherry said that he was requested by
Miss Back to take her to the house. He
told her she looked young, and she re-
piled that she was Is.
The defense submitted letters. written
by Miss Back. that would not look well
In print.
In arguing the case the defense at
tackled the legality Of the act under which
the prosecution was conducted 1t was
urged that the title OF the act made II
appear that it simply related TO keeping
minors out of houses of bad fame. etc.
and that one section dealt with an en-
tireIy different subject. as evidenced by
the prosecution. Authorities were read
TO show that the girls alleged statement
as 10 her age was sufficient TO remove
the guilt from the shoulders of Miss Bel
mont In receiving her. Justice Austin
said that there was probable cause TO be-
iteve that a crime had been committed.
and held Miss Belmont for trial in so
bonds
Miss Back, Police Matron Taylor and
Detective Williams visited Miss Bel
mont's house last evening. They were
after Miss Backs trunk, which Is about
the size Of two cigar boxes. Miss Bel
,x.-, .-s3. H. .s.c1r frtrk and