The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-12-24
JUDGE AND SHERIFF TIT.
LIVELY AND PERSONAL cONTRO-
vERsY IN TACOMA COURT.
Trouble Arose Out Of the Well
Known joe Dunlap Cases-Judge
Kesn Takes Issue with the sher-
IN, siding With the Prisoner.

TACOMA, Dec. 23.--A remarkable scene
occurred In the superior court today when
Sheriff Mills strongly intimated In open
court that Judge Kean was connected with
Joe Dunlap. the notorious criminal. in an
alleged conspiracy to prosecute a number
of prominent citizens on charges Of rob-
berry known as the Dunlap cases."
The affnir, which ended in lively tilt
between the judge on the bench and the
sheriff in the bar, In which the sheriff
announced that he had too much respect
for himself and for his office to further
discuss the matter. was characterized by
several leading lawyers who were present
as the most unseemly proceedings they had
ever seen In q court room.
The Judge seemed radically In favor Of
Dunlap, intimating that he knew of his
own personal knowledge that Dunlap had
told the truth and that the sheriff had
not. This brought on hot discussion.
Dunlap is the man who figured so prom
inently in the late grand jury proceedings
his disclosures before the grand jury. Out
Of % indictments found, no convictions
resulted except in the case Of p. J. Con-
cannon, who was charged by Dunlap with
assisting him in the robbery of the Taylor
music store. Concannon is well known
detective who had arrested Dunlap and
the general theory Is that Dunlap charged
him with the crime In revenge. So much
credence was given Dunlap's story. how
ever. that after being out all night, the
jury brought in a verdict Of guilty against
him.
week ago Dunlap sent for Aaron TIT
low, one Of the counsel for Concannon and
In the presence of Sheriff Mills and Jailer
McKinnell told Titlow that Concannon was
innocent and that he wished to exOnerate
him. He then said he would make q
statement in writing or go into court and
swear to the whole truth, showing what
inducements had led him to make up the
story about Concannon and others and
why he now wished to make clean breast
OF 1t. The truth, he said, would be SO
plain that It would be self evident
Upon this statement by Dunlap a motion
for a new trial was made in the Concan-
non case. Dunlap in the meantime. 1t Is
charged, had been threatened that IL he
made such statement he would be prose-
cuted for perjury and it is alleged that
strong pressure has been brought to bear
to prevent him making the threatened dis
closures regarding promises of immunity.
which II Is more than boardly limited would
include the Judge, the county attorneys
office and others. Consequently, Dunlap
refused to make the statement, but the
matter was presented to the court upon the
aff.davits of the three persons who heard
Dunlap say what he would do.
Send for Mr.. Dunlap" said Judge Kean,
After half an hours delay the prisoner
appeared and was put on the stand. He
fatty denied making any such statements,
but said he had said he would exonerate
Concannon just to gain privileges IN the
jail, as he was very badly treated by the
sheriff until he had agreed to make
statement, since which time he had been
unusually favored.
hi tVna IN IL.
among other things. that the sheriH's OF
fice opened and read his letters 49,.
Eyes, I know that said Judge kean;
"they intercepted q private letter l wrote
YOU myself" which raised hum of ex-
element in the court room. inasmuch as
1t had been rumored that Dunlap was on
ence, not only with the Judge. but with
others high In office, and had had some OF
them dancing at his beck and call for
many weeks while he was confined in jail.
Judge Dore, of Seattle, who is engaged in
the Iyts trial at Everett. and Mr. Titiow,
who is engaged in a trial In another court,
Of them present, and Judge Farley, the
only remaining counsel in the case, called
Sheriff Mills to the stand. Mills testified
that Dunlap had had the same tfsalm LEI !
more liberty and more favors tnan any
other prisoner in the history OF the jail
and had made more trouble ihan any ON
er prisoner, and had made several at
tempts with files and saws, and otherwise,
to escape He had not been treated any
different on account of his agreement 70
make the statement, and had been given
morphine, as alleged. only on the orders
of DR. Heliker.
The sheriff was then turned over to Dun
lap for cross-examination. Dunlap. PRO-
ceeded to accuse him of many misdeeds,
and when the sheriff answered one OF his
questions told him plainly that the an
swer was not true.
Hold on now. Mr.. Dunlap; you are IN
court" said Sheriff Mills.
'vrhe court will take care of Mr.. Dun
lap," quickly retorted Judge Kean from
the bench Answer the questions; you
are now only an ordinary Witness.
After the sheriff had left the stand Judge
Kean stated from the bench that he knew
of his own personal knowledge that what
Mr.. Dunlap said was true, and what Mr..
Mills had said was not true. This led to q
spirited exchange between the two off,
cials. -
Judge Kean and Sheriff Mills are both
Populist officers, having been elected to-
gether on the fusion ticket. Sheriff Mills
was reelected last year.