The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-07-11
70 STOP THE PROSECUTION.
MONKT OFFERED THE VICTIM OF
PnlILlrs, EsPLlx AND LTTs.


The preliminary hearing Of Steve Lyts
and Allan Esplin. charged with having
been accompsices OF Thomas Phillips In
the ROBBERY Of r. w. Miller. OF Nznaenzo.
early on the morning Of July IN the Re
ceStion saloon. Was held yesterday before
Judge Cam. The time was occupied in
the direct and cross-examination OF Mil
Ter. Vie prosecuting witncs4 and AT 5
o'clock the case was adjourned until ls.SV
this morning.
IL was brought out By the testimony Of
Miller that Charles Smith. sad 10 he LytS
Uncle and q partner OF Esplin, had seen
Miller Sunday and offered him SD 10 drop
the prosecution. II was on the admission
OF this testimony that sharp contention
WIS INDUCED between John r. Dore. at
terney for the defendants and John II.
Hart for the prosecution. The vigorous
arguments OF the opposing lawyers were
immensely enjoyed BY the suffocating
crowd Of spectators.
The case was called shortly before 3
O'Clock yesterday afternoon. The court
room was so packed that those whose
presence was necessary could hardly force
their way In or out. Phillips, who has al
court. was brought down from the county
JAIL TO be present during the hearing, but
was excluded from the court. Inside the
raj were number OF attorneys. and off,
pHrfment, while outside vas rare repre-
sentation OF the Tenderioin district.
The hrst witness called was the alleged
victim Of the robbery. F. w Miller. of Ma
nfamo. He told how he had come from
Nanaimo July I. reaching here early in
the morning. and had taken in the eele-
bration. generously diiuiing his entertain
ment with small beers" and had wound
up at o'clock on the morning OF July 5
In the Reception saloon. He had met Es-
PUN two years before. he said, during
previous visit here. and was introduced to
Lyts by EspIin under the name of Brown.
Phillips he met In the Reception saloon.
The three men and himself had gone into
back room. hes said. and Lyts had or
him by Phillips. Then he went suddenly
asleep. When he awoke his vest, which
had before been buttoned. was open and
about $40 was missing from the inside
The three men were still with him in
the box Nv drew his revolver and de-
manded tack his money. Phillips took
away his gun. The men claimed TO know
nothing Of any money. Miller went I'm TO
the saloon and was renewing his demand
FOR his money when he was struck In the
mouth by Espiin. Following that came his
complaint To the police and the arrest of
Phillips. Lyts and Esplin.
On direct examination Hart asked the
witness whether some one had not offered
to give him a hrge amount II he would
drop the prosecution. To this question
Dore objected. on the ground that the acts
OF no outside perscn should be allowed to
weigh against the defendants. He was
willing. he said, that IL should he shown
Ii possible that the defendants had them
selves. or through ar undoubted emissary,
offered money TO Miller. Hart argued that
he should be permitted to show thai su@h
a tender OF money had been made ard
then TO esta biish the connection between
the defendants and the mar who made the
offer The court decided in favor OF the
prosecution. and the result was Milier's
statement that Charles Smith had offered
him $50 TO return TO British Columbia and
drop tho ease.
Many questions were also asked and
answered to show the interes, OF Smith III
the defendants. II was ne who made
strong Efforts 10 secure ball for Esplin
and Lyts. and had many times Wis
tied them at the Jail. Capital
was ,amade by the prosecution OF
the fact that Smith was sitting
even In the courtroom beside the prison.
ers.
1'he case promises to be unusually hard
fought. Today the stenographer and Sher-
III Van de Eanter will be put on the
stand. and probably Also the defendants
The prosecution will endeayur to prove
that sknockou, drops were purchased at
q drug store and administered to Miller
II has been the contention OF Espiin and
f.yts SO far that any crooked work that
may have occurred In the saloon on the
morning or July ) was carried on by
Phillips and the defense will probably DE
ttevpinped along that line.