The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-01-08
l,aes Moore Refuses Application
70 Dismiss the Suit.
refal SET FOR FEBRUARY ..


-. ran Aistine Gaze Is to be fought 20
.ostsmson In The superior court. accord
- s. I. dscssloa rendered by Judge Moore
.~.ssfsy morning. when he refused the
5000 fas plaintiff, Mrs, Lou Van Al
- 10 disna.se her action. The molten
-. sxxusd and taken under advisement
= ppcember H.
N'rsa ths ruling OF Judge Moore that
n,s<ca ease ls a special proceeding under
=. eonrfssutson. and that. therefore, the
s.s,r4 had no power to dismiss the com
s;slnf u the plaintiff after the filing OF =
s,sxa-compla.ns by the defendant. Con Van
1.st;nA the kiond.ker, without the lat
80 enasent waieb was smphaticaiiy re-
eusa6 Attorney John F. Dcre, who repre-
senteA Nn. Van Aistine or the argument
q - motor. excepted to the courts ruiz
~ ~ carefully ahssasned from taking
sav 6he. than negative action when the
enuyt erocseded To set the case for trial
- ths inertia He seemed inclined TO
Ar.nr 10 the front the fact that he and his
cent wess In court only by conp1ision. and
vfrs taking no active part In the case,
notwithstanding the courts refusal TO dis
nas tha suit
Tr1al Will Last Some Tiae.
Afyer 4 long discussion the trial WIS
D.
- a engagement 10 try the Schopp
naraer ease for the defense on January IL
a. afst date suggested. and civil case
= {enu4ry 30. the only other early date
~ 70 the attorneys for Van Alstine. As
a. Csc now stands Van AIssine has be-
"a he real plaintiff and the case viii
no>6Aiy be tried on his cross-compiains,
aneetng that bis marriage 10 the p.a!uti6
- ffondulent and brought about by a
eoumkocy between the latter and her law
~ NiH the sd OF the other alleged con-
spfatora IN the case. The trial viii likely
~ ane time
kfsxney j. T. Ronald. one Of Klondiker
IN Al6dne's lawyers. told the court that
~ - would occupy at least two days
ia letter multiply that by three" sug
cusd his colleague. Attorney Richard
EsnsQ. sotto voee THE cro..examina-
tiH = Ut one OF their witnesses Will take
tat -" supplemented Mrs. Van Al
sesnss aaios counsel. Melvin q. wlnstock.
shc, eu3ng TO the fact that he IL one OF
ne aaeged conspIrators. Is not actively
2eaeo1 tn the trial OF the case.
A Peculiar Turn.
On of the most peculiar turns taken
b ~ case yesterday morning was when
~ paAtnt.n. through her attorney, Mr..
neS. practically refused To accept s1.0eo
unpofsyy alimony or suit money. 1t viii
hFnembered that when the case came up
. Deeember IL was on the application OF
- plAintiff for suit money. and Of the
t1ndza; Tor an order citing the several
49, conspirators. Mrs. Van Aistine.
nfnma Norton. her sister: A. b. Noyes
MGsarney Winstock. 70 pay into court
k1S6e alleged 10 have been stolen from
- KloRdiker on his Wedding tour. Both
~ Applications we're badly sidetraeked
gatss1aS. Tie order 10 show cause was
net reeued 10 by any one until the court
snnoueeG that the temporary order would
D continued In force until the trial
And when tho court remarked. and
ssw. - 30 these other applications, of
HHrae The plaintiff Is entitled 10 have her
eplcation Tor suit money considered
Attorney pore sat as silent as a Chinese
Nd
-M course. your honor" biandiy agrees.
Attorney Ronald. but never q word spoke
- noEe. whose evident opinion was that
y taking up the application for aiimony
weuld abandon his contention that the
Aiassa was In tho case only because she
as not allowed TO withdraw.
Attorney Winsor was inclined 10 think
M by delaying the trial until February s
s.S.ts'fS'ts - 7>ssit5 sAisPSs saut Nsttstbs aeA
Ne defense weuld DO lost He remarked
Ssa Attorney Ronald. WELL" calculated
- latter In his usual hluff and breezy
am
Al Witnesses and respondents In the
sasisT OF the order 20 show cause and the
"a VIII be required 10 remain in the
TRADITION OF the court" said Judge
ssoss With smile. Attorney Winser
Nked relieved
NNsher az tha principals in the suit was
ssssnt during The court proceedings.