The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-12-23
EsPUN On INE STAND.
INTRODUCED on BHHALr or LYTs
DUNNO TRIAL AT DvERETT.

Aeeusations Asainst King Coun-
" Preseoating Attsrnsy apa
sheriff. Chareins CensDiraey.
EVERETT. Dec 22.--The Lyts grand
larceny case was opened this morning
for the defense. Attorney John F. Dore,
one OF the attorneys for the defendant.
presented the case to the jury In part
a. follows:
That he would show to the jury that
2 horrible conspiracy between Wilson,
deputy sheriff. and the sheriff himself.
and the prosecuting attorneys once OF
King county to convict Lyts and Esplin
because they refused to implicate Charles
Smith in this case or some other.
The evidence. he said. would prove that
Wilson and Van De vanter have admit
ted that they did not believe that these
boys had anything to do with the rob-
berry, and that II they would implicate
Smith In this or any other transaction
they could have their liberty, and there
after admitted as much on the stand In
this case, and that the defense would Inn
peach both Van De vanter and Wilson.
Lyts and Esplin. he said, would both
take the stand and detail the facts as
they had actually told them. both to the
omcerst and at the preliminary examina-
ton held at the police court before Judge
Cam.
The first witness was W. D. Lyts, the
father Of the defendant. who stated that
he had lived IN this state for twenty-six
years. When asked what the sheriff Of
King county, Mr.. Van De vanter. said to
him. he replied that he met the sheriff at
the Northern Pacific depot ut Seattle.
II said to the sheriff. 1T II hard on the
old man. Van said. 1T Is their own fault.
avxA
to me will let them both 60 Free
II saw Mr. Wilson. the deputy sheriff,
four days after the change OF venue, and
he said It was an easy defense; that 1t
would require but q little money-perhaps
$780, asked him how It could be done.
He said he was acquainted with the ON
GERS in Snohomish county, and could get
the records and have them destroyed. Mr..
Wilson seemed to have some sympathy
for me in the matter, and wanted to help
me out"
On cross-examination he said Charles
Smith, the man in question, was an un-
Gle Of his son. He did not know any
reason why they should want Smith.
When Mr.. Lyts was asked II he knew
Lucille King, negress, and II he knew
his son was living with this prostitute.
the question was objected to by the de-
Tense and was sustained by the court
The next witness was Thomas Beran, Of
De vanter that Stephen Lyts jumped his
bail twice in King county, he replied he
did not
The next witness called was g. NJ Ship
ley, who testified that he was retained
~ counsel for Thomas Phillips when he
was charged with robbing F. w. Miller,
on July S. OF $3.50. and that he heard Van
De vanter say in the presence Of Mr.
Dore and Others that he would bet q suit
OF clothes that he would send them all to
the .penitentiary. and that he would bet
obtaining bail. they would jump that He
said he was present at the preliminary
sy gave tSar s sna Epo sa
When asked Il the sheriff rt did not state
t t witness said he had heard the sher-
IN make such statements and was not
certain but what that was what was said.
Judge John 81 nc Denny testified that he
case. and talked with James Wilson as
to where he was on the morning of July
hallway in the Reception saloon that
morning and he pointed toward the place.
The next witness was u. L. Collins.
testified as to the records filed by him,
to wit, transcript of the information
Med BY n the prosecuting attorney. against
larceny. in order to bring the papers into
court, and that such case had been tried
IN this court and the defendant. Phillips.
Henry Denning. Seattle attorney. was
counsel for Thomas, Phillips. and testi-
Of Lyts the latter testified voluntariIy in
the Phillips case when he was called on
by the prosecuting attorney. and that the
he was. being questioned In the cross-ex-
animation.
Allen Esplin was then placed on the
stand; He said he was born in Ottawa.
nd had IA1 t.
ington since 1887 He had known Stephen
Lyts for number of years. and knew
Miller. the prosecuting witness, for two
years past. On July 4. 1899, he met F. W.
Miller early In the morning. Previous to
that time 1t had been two years since they
had met. He met Miller on July 4 as he
came of the boat
1--WE were around town most Of the day
together, and visited a number of saloons,
probably eight or ten, drinking beer and
whisky. He left me about o'clock in the
o'clock in the evening. Lyts was introduced
to Miller as a Mr.. Brown. and he is known
as Capt. Brown among the boys.
We remained there some time. Lyts left
Miller and me and we went up town. We
went around town firing OF firecrackers
and drinking. and danced in the theater at
Clancy's. 1 did not dance. but he did. We
went to the Reception saloon and other
saloons. Miller and were alone all the
while. saw Lyts about $3.50 or O. clock.
We were standing up by the Reception sa-
loon waiting Tor drink. After We met
him we went In and out several times.
Phillips said he was sick and sent Lyts
up to the drug store to get some medicine.
After he came back he gave the medicine
to Phillips. We were all pretty full. Phil
lips invited us oil into box and a round
OF drinks was called for. We had several
drinks.
phillips took the money from Miiler's
pocket Lyts objected and struck Phillips,
saying, He's friend Of mine
miller demanded of Lyts his money. He
said: 4 haven't your money Miller then
pulled gun on Phillips, who Immediately
took 1t from him, and when he said to me,
You have had me robbed, struck him
for accusing me OF stealing his money.
ION my way to police headquarters to
report the robbery / met Deputy Sheriff
Wilson. He said, Never mind reporting
this case to the police Wilson said to me: