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

- Ii the present open rupture between
Judge Jacobs. II the criminal depart
ment OF the superior court. and the Of
Ace Of Prosecuting Attorney James y.
0cElroy. Few persons we're aware I'M
III the sensational denouemens wessnes-
day afternoon how strained were the
relations between the two branches of
the county Judiciary.
Now that all hope OF reconciliation or
restoration Of even the sembiance OF
harmony between the criminal court and
the public prosecutor has been aban-
doned- interesting bits % Information
heretofore carefully kept from the gen.
erai public begin to float to the surface
and give some indication Of the intensity
Of the ions-repressed controversy.
People who have been In a position TO
60 behind the scenes In the superior
court have for long time been aware
that there Is something radically wrong
with the manner In which criminal Jus
tice has been administered In King
county. Laymen have heard and seen
enough TO make them wonder at the
continual increase Of crime In Seattle
despite the apparent activity OF the po-
iice In suppressing IL, but have not seen
the defects In the machinery leading to
the result.
made against Deputy Prosecuting At
forney John b. Hart and Deputy Sheriff
James +. Wilson by Juuge Jacobs have
had the effect. however. OF bringing
about public agitation Of the causes
which have led bunko men and criminals
OF all descriptions to flock 10 Seattle and
ply their vacations seemingly without
regard for the law.
II has been generally recognized that
Prosecuting Attorney McElroy has. dur
Ing his two terms in office. done all In
his power To aid the peace officers of the
city and county TO rid the community
OF evil-doers. but in spite OF that aid
the hands OF the sheriff and his men and
OF the police have long seemed tied. The
quarrel between the criminal court and
the prosecuting attorneys office. into
which the sheriff also has now been
drawn. bids fair To bring to public at
teniion heretofore hidden bond be-
tween the Judge OF the former tribunal
and the criminal classes that will 20
Tar toward explaining the contempt
months treated threats of punishment.
Need Little Defense.
Yesterday nothing was done toward a
trial OF Judge jacobs charges against Mr.
Hart and Deputy Sheriff Wilson. the court
granting them until next Thursday morn
ing - which to prepare their defense Men
who are behind the alleged culpr.ts say
however. that they need little defense in
view OF the character of the accuse tons
anu OF the cirque winch inStlgafed them In
support OF this statement they cite num-
oerless cases In which justice has gone
astray in the criminal court through the
failure OF the court TO give proper support
the trial OF cases originating With tho
sheriff and police. II f. stated that the
records themselves will show that for near
y two years criminals brought before
Judge Jacobs have only In rare cases re.
ce.sed more than minimum punishment.
even In the face OF the strongest testimony
OF their guilt and positive evidence OF their
previous bad character.
IL was In the trial Of the case of Rey
W. I. Ford. charged with debauching A
young girl named Jessie Morford that the
trouble between Judge Jacobs and the
prosecuting attorneys office had its con-
cept'on- From that date. In November.
49,: the breach has gradually Viaened.
until now. II - claimed. the proAecutor
goes into criminal cases without hope. and
considers himself fortunate in securing
even nominal punishment
IN the Ford case, Judge Jacobs, IL "a
SAD; aroitrariiy shut out large portions
the face OF chain OF almost unbrnken
authorities. In II, also, he made his Ia
nous ruling that he has since adhered 10.
tna, testimony in support OF an slihi de-
fense cannot De contradtcted by evidence in
reouttaL This ruling, IL IS claimed has
no precedent. and Is contrary 10 the hold
Ing Of every court In the United States
that has ever decided the question,
The differences between The court and
the prosecution n this case were so fire.
Guent that before IL was ended their rela-
TONS We're sadly strained. On The argu-
ment or motion for n new trial after
Ford's conviction. the court made what
Was considered violent attack upon AS
sistant Prosecuting Attorney Hart from
the bench. This was the beginning Of the
personal enmity between the two men
The next case In which criticism was
made Of Judge Jacobs rulings was that ~
=. HOFFMAN, who In the same month that
50 ~ lad 49,
bar on charge Of burglary He plead
cd guilty ana was sentenced TO four
months In the pentens.arv. The penal
code Of the state. section ~ prescrihes a
penalty not 10 exceed fourteen years for
the crime. Nevertheless II is stated The
records will show that in an overwhelrn-
imposed sentences OF less Than one wear
even in cases where trial has been had
and verdict Of guilty rendered.
Caught Red-Hanaed.
In the same month Harry Smith. caught
red-handed In the preparation of grand
larceny. pleaded guilty Ia the crime Iudre
Jacobs sentenced him 10 two months in
the penitentiary In face Of section ~ of
the penal code. which expressly states
that the minimum penalty for grand lar
ceny shall be Imprisonment in the peni-
Tertiary for not less Than che year
Following the Smith case came a large
The following Is "A chronological arrange
uient OF them,
Charles sumner pleaded guilty 10 bur
giary: four months IN penisentlary
John Adams. tried for burglary, convict
ed one year In pententfarv.
Harry Harrington, tried for burglary.
convicted ore year In penitentiary.
William Amhrsdge. tried for burglary
convicted six months IN rsni;sn;isry
Clarence Fuller and George Preston
pleaded guilty to burglary; four months
IN peni.sntiary
Mike nugan pleaded guilty - burglary:
eight months IN penifeniiary.
william Edwards pleaded guilty 70 bur
rlarv ten months IN ren3tsntfsry,
Arthur Corners and James AasSn. tried
Tor aggravated grand larceny. Coanars ar
quilted. Mason convicted and sentenced 70
one year IN ren.te1tiarv. the minimum
James Lee. pleaded guilty tn burglary;
SIX mant8F IN ;he n%nlf%aetarv
Albert Rivers 8rf Emil IIit, plaaAe!
guilty 20 Tef-handed burglary, eigh,
months each in the F~srstsniiary
John FcgartY pleaded guilty. 70 robbery:
oFs year 81 penitentlary. crime DELIBERATE
AMI ur1ssisgassd. but minimum sentence
Imposed: maximum twenty years
Tara Sfrot@r notorious eoi.resi pick rock
eI}s traed fcr grand farceny IN January.
tSss convicted. ore year 80 the psnsfen-
tlsrv
Sean Brown. pleadszs guilty "a grant lar
esny, enc year IN ehs Kserfssnt.arv
William Narray piraaea guilty ~ bur