The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-20

SENTENCED ~ JUDGE MOORE.


Henry II. Harding. charged with forging
an $500 hank draft. sprang = surprise
upon his prosecutors In Judge Aoore's
department Of the superior court yester-
He withdrew his former plea Of mot
guilty" and simply stood mute" - the
lawyers term it. refusing to plead either
guilt or innocence OF the charge. Judge
Moore then pronounced the alleged forger
guilty and imposed . sentence OF FIVE
years In the penitentiary. In 70 doing.
Judge Moore took what is generally sup
posed to be the correct course, but Hard
ing's lawyer. Richard Winsor. claims that
the law which gives the court the power
Judge Moore exercised has been repealed
by q more recent act OF the legislature,
and by an appeal to the supreme court
the question will be determined In prac-
tically stalking his liberty for 1--WE years
against q chance for freedom upon a fine
technical point Harding Is taking wha.
among gamblers Is termed a ..long shot,"
but is confident OF winning.
The Harding case IS filled with techni-
Winsor that the information fled against
Harding by Prosecuting Attorney NOEL
roy is fatally defective. for the reason
that the statute under which the prosecu-
tlon WAS initiated does no; make Hard
ing's act q crime. admitting that the draft
was false writing. TINS is almost the
same point which was raised IN the Smith
Heaton road warrant forgery case and
sustained by the supreme court. and At
torney Winsor believes that it can be
successfully urged In the Harding case.
demurrer TO the information on this
ground was overruled by Judge Moore,
however. and 1t was the overruLng OF this
demurrer which gave Harding the opopr-
sunity to make his star play for liberty.
The Law I'm the Case.
The code OF 1851. under the provisions
OF which Judge Winsor acted, provides
that in case demurrer to any Information
shall be oyerruled the prisoner shall plead
to the information. or, failing to plead.
shall be adjudged guilty and sentenced by
the court. The laws or 1881. however,
provide that no sentence shah be imposed
except upon confession Of guilt or YER
diet or jury. The two acts upon their
face. lawyers say, are Incompatible.
Deputy Prosecuting Attorney Hart says
that the prosecution IN the Harding case
VIII contend, IL an appeal is taken by
Harding, that the provision OF the code
OF ISL apples 10 Harding's case and was
not amended or repealed by the subse-
aaent act, the latter being passed for the
sole purpose OF amending certain portions
or the former law. This IL where Attoruev
Winsor does not agree with the prosec,I-
oon. He contends that the law Of 1891
contained no saving clause, and thare'ors
acted to repeal the old law The question
F<a da,ssY lei
and the result will be or great in.eres.
TO lawyers. Deputy Prosecuting Attorney
hart said yesterday that Harding,s ac
ton was an entire novelty In the criminal
annals OF King county.
ohe little incident In the proceedings
oe'ofe Judge Moore which goes to show
what risks Harding took when he refused
to plead, was when Judge Moore ,naa-
vertently imposed a sentence OF fourteen
years imprisonment upon Harding with
cut giving the latter the customary on
porlunit* 20 state any reasons he might
have Why sentence should not be passed
upon him. Harding nearly fell from his
chair. He was depending upon the fact
mat ne had made restitution to Dexter
'forsoh q COS bank Weighing in his fa-
vor, and was expecting light sentence.
Harding Brcathes Easier.
Deputy Prosecuting Attorney Har,
called the attention Of the court 10 the
omission and stated that it would be best
to correct the error by setting aside the
sentence and giving Harding an oppor-
tunity TO be heard. Judge Moore at once
ADOPTED The suggestion and set the SEN
fence aside, Harding hreathed easier.
Tie Judge then asked Harding whether
Re could give any legal reason why SEN
.shee should not be passed upon HIM
Harding answered that ne could Then
Judge Owens. OF Los Angeles. cal who
stated that he had been Harding's school
mate back in North Carolina and had
known him all his life, made a plea for
mercy in behalf OF his friend He laid
particular stress upon the fact that Hard
lng mad made restitution of the Ss.an OBJ
tanned from the bank. Judge Moore then
imposed the sentence ts Ave years and
the case was ended. As Harding was be-
ing taken back 10 his cell at the county
tall he remarked to Deputy Sheriff Lane
that be bad had a mighty close call: that
when the judge gave him the fourteen
year sentence he thought his lawyer had
made mistake in not demanding a trial
HaG the Harding case gone to trial the
result might have been a defeat 10 the
state. as e has developed that the draft
alleged 70 have been forged was after
the bank CT Dexter Horton & Co had
NScfs iSAIIl3AFf~cS4 turned over 6sii1E 10
Haraing's wife or his attorney by the
hank. thereby placing In the hands of the
defense one OF the most important pieces
OF evidence agains. Harding. Prosecuting
Attorney McHlroy and his deputy. John
Il. Hart. both assert that the draft was
never In their possession for any length
Of time and say that Ii was delivered to
Hardirs's representatives without their
permission.
Mr.. HeE3rcy. when asked why such an
Important piece OF evidence was TO. kept
IN t1e possession Of the prosecuting at
tos1ey's Office said that he considered il
equally safe with the bank. Deputy Hart
assured 3 rust-inselligenc-r reporter yes
terslay that had the trial gone on he
STATE woa'd not have beer handicapped nv
the absence Of The draft; that secondary
evidence 81 lis existence woufd have been
offered concerning IL had the defense re-
fused 20 produce Il. All the Witnesses for
tns state M. Hart said, were present. In
s2uding E. b. Higgs. the cashier az the
Bank OF Pitt county, at Greenviise. n. c..
whose name IS alleged 10 have been forged
TO the draft
Attorney wi-sa- denies thar .ha DEAF.