The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-07-21

-4ET 1TT4 ths confessed ACCOM-
pssee OF Tom Phillips IN the drug
~ irx and rosnlng Of r. ". Miller In \
fooM 81 tire Reception saloon, Decd
- slsnoS& the undivided aftsntien % two
epurts Of criminal justice yesterday. His
go underwent naEsber Of startling evc-
sratsus. One 81 LytT Tendesioia acaaa.nt-
apces ai6; '.MeEzsey 10 paayin, = shsii
eane. ard Steve is dc pea
a more ays omgarison II would be hard
q Hn6- TIE prosecuting attorneys osnco
- tndeee treat the unIscky Stephen 70
: eesses OF surprises that must have re-
mfnde6 him % the mysterious manspuiA-
cous Of "thimSle-rsExer at a country
Snfr The Hrst whlr1 q the wheel OF for
euus In the courts yesterday brought him
: rssse. but from thar time on luck de-
eertsd n.u. ard last night he again occt-
u@d cot in fts county jail.
Cpon TIE opening % the superior court
r~ts WAS brought before Judge JACOBS
ord ting hearing Of hts application for u
vy4t os haD4as corpus resumed. After
heas4Eg arguments fr0m Attorney Jann f.
Dpee representing fsyts. and Prosecuting
Assornsy NeEirsy. representing The state,
1olxs Jacobs set Lyss free
Prosecutor McEIroy promptly played n
cned the other side little suspected. In q
lsHuAtlc manner be announced that Lyss
gwen him up. and declared him In custody
e. The sheriff. The announcement created
s sehsAs.on. and in the midst OF IL Dep
uty SaeriH Wllsoa took Lyts down %
3ail
After luncheon the struggle for Iyts'
frsedom VAS resumed: this time before
Justice 1ann Ia the municipal court. Lyfs
Walked into that tribunal st about J
o'clock and deposited Eve shining doubts
L.
The vagraney case. Justice Cam declared
him free man. Eus before be could .eaya
she courtroom he was taken into custody
By Police Detective BarAee on q warrant
charging him with being a dlsoraeriy per-
son--in other words. vagranf On this
eAnrge JnStfcc Cam fixed Iyts' hond at
a. cash. Lyts could not furnish 1t. and
went 10 jail again. leaving the fold 10 the
prosecuting attorneys office.
Lyts will be tried on the charge OF De.
Ing disofderiy person today. The police
claim 10 have abundant evidence 10 con-
Wet bin. bsat- Of course. that was only
minor factor IA bringing about his arrest
Tna undsnlabie truth is that Prosecuting
Attorney AcEiroy has determined that
Lytx shall not be released on bail pending
bis trial on the grand larceny charge. and
has called 10 the united forces OF the sher-
~ and chief Of police 10 attain that end.
AAtWftt1Sn AsNfE Hssta fAHA w kS@A4lfE,
Who represent I.yts. claim that Their
Gssnt u being psr@cuted. They win un-
tguotedty leave M stone unturned today
% secure his release from Jail. 1t IL equal
y certain that the states attorney will
strain every nerve to checkmats such a
move. for he regards that TO allow Lyts
. single day Of liberty viii mean that the
iastss VIII forever shake the dust OF Sc
attis from his shoes rather than remaiY.
70 testify against his alleged partners In
crime. Phillips and Allan Espiin.
CourtroOm Crowded
Judge Jacobs courtroom was crowded
yesterday morning when the hearing OF
the Lyts case began. The number Of
lawyers In attendance was especially
noticeable. This was due TO the fact
that the courts contempt proceedings
against Deputy Prosecuting Attorney
Hart were expected 10 be heard But
esen after the court announced con-
sinaanee Of this matter the crowd re-
mAInsd 20 listen to the Lyts case.
Attorney pore began his argument by
recifing the history OF the l.yts case
from the beginning, ending with the at
tempt OF the prosecution to hold the de-
PENDANT under bonds to appear as u
Witness after he had given bonds to APP
pear for trial as an accomplish. He
urged three grounds for the release OF
Lyts upon the application for Il wri, of
h4o<as corpus.
first, that Justice Cam had lost turis-
dirtton 10 commit Lyts as Witness by
reason Of the fact that the whole case
had been brought into the superior court
SIX DAYS earlier by the ming of a
transcript OF the proceedings in the low
er court In The enc above.
Secand, that lsyts had already given
. raod and snfilcient bond for hts APP
peaTanfe IA defendant I'm the ease wita
with Phillips. anaa,hat bond as a Wit
rrss was supeffsuaus
Third. that Iyts was not material
witness In the Phillips case. for the reu-
san thaf his testimony, III given. would
ihertmnaie him. and could not therefore
BE- compelled from him on the witness
stand se long as the charge against him
remained uadsponad of
Mr. McEiroys answering was brief
lie prefaeed tt by the statement that M
natter what his opponents say. he and
nts associates In office had never for a
moment concealed their intention Ia ask
Justice Cam 40 hold f.yts as n Witness
against Phillips, This announcement
had been made in justice court and later
% ne sa ss.sn sv where he he now s,, s,ooa ,
scward Attorney Dorc. whether Mr..
pere can guide the fling OF informa lions
n tnis court or mott hus ! do know that
ne shall not DO 50 white arm preaacUt-
ING attorney Of ihia county
A ripple ef excitement PASSED through
Toe audience az Mr., McElroy paused
snd In a defiant attitude regarded the
the bar
There Is nothing tn prevent me. II
Choose be went om. from fltng an in
I"fsnafion against this man Phillips and
srftns hiu alone far the robbery Of
Mhisr And In such ease 1 would he
ehsited to Use the testimony ef t-yta
% AZ the preliminary hearing tustie.
ana assured me that he would bird
Lss over as a witness IL we desired IT,
a els Jurisdiction to do I had M
question then. and have not nov
cslssve We we're I'm the correct forum
"hsa We hptisd him over"
me question. interrupted Judge ia
zoos. Is whether the principal dta rat
.nsiess~ every thing held that 81 .9sss
vas safaeisns &, Insure f.yis' appear
sase a. witness Was IL rot sufficient
spf az purposes IT, a. has been init
hafesi. fhiilsrs and Lyts were "a be tried
sssEsfaseis could not the caurs at the
,iss ~ The trial ee asked 60 recognize
q. 70 appear "a witness -
af Ncfsrrs caunssvea Suppose when
- eafisa iAyts - ire stAns we discovered
,aas Ne was sgl teriiksa Columbia ara be-
49, tae compelling rFeasss ~ the court
oe1.a noe TIE parable cep3ors RE ard .He-
.'ssi 70 knaw way | rad rot taken steps
- -ssAfT MS RpEASa rance -
Iae tsolhf - Sid Ysu ~ f-efere cears
"a asd jurisdiction "a ssg aisa hasia5 over
wssnessF-'
aeNef attempted - evasa ;Ne tz1 Al