Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1900-10-11

case, and the time had come for the de-
tense to introduce its testimony, mo-
ton for non.suit was filed and the main
ground given was because the evidence
introduced by the plaintiff (the county,
has shown that the alleged cause Of &C.
ton has been barred by the statute Of
limitations" No receipts or other evi.
dence was introduced by the defense.
The judgment recites the fact that the
case was tried before jury, and that the
plaintiff had introduced its testimony and
rested, and that motion of non-suit had
been made by defendant and case dis
missed because it was found by the court
that the "fees sued for by plaintiff we're
collected by the defendant Seth Warren
more than three years prior to the be-
ginning of this action and therefor this
action cannot he maintained.
Mr.. Warren was acquitted Of fraudulent
cOncealment because he had entered the
cases up in his docket, and where that is
done the courts presume that the party
did not intend to conceal the collection.
The fact that Mr.. Warren had collected
numerous fines, while justice OF the peace
for Hoquiam precinct Of this county, and
had never turned them over to the cOun'
ty, was brought to the notice OF the
writer in the fall OF 1886, by a prominent
leader of the republican party, who lives
at Hoquiam, who said that Mr.. Warren
had been called on to pay over the fines
but had not done SO, and that he had
been afraid the opposition would find it
out and use it against Warren while a
candidate for assessor. The same party
also told N. D. McKillip of the facts in
the case, and it was because Of informa.
ton received from him that Mr.. McKillip
was very anxious to find the missing
docket.
As far as my knowledge extends no one
has charged that 4 criminal action was
commenced against Seth Warren. 1t has
been held at all times that the action
maintained was for the collection Of
moneys collected bv Mr.. Warren, as an
officer OF the county, and never paid over.
While not a criminal action it was such
an action as should never be necessary to
bring against any man who is republic
can candidate for any Office, and the re-
publicans who are opposing Mr.. Warren
make the following claims:
That Mr.. Warren was old enough and
had experience enough to know where
the fines collected belonged;
That if the fines belonged to the school
fund Of the county he had no business to
pay them into the city treasury of Ho.
quiam;
That if they belonged to the city Of Ho-
quiam he knew it, and IT he paid them
over to the city, in that case he had
nothing to fear from the verdict of twelve
of his peers, sitting as jury to try his
case;
That If he paid over to the city Of Ho.
quiam money. which belonged to the
schools of the county, he should, when
his attention was called to the matter,
have paid the money into the county
treasury for the benefit Of the schools;
That il he had receipts and statements
from the city authorities Of Hoquiam,
which would prove that he had paid the
fines, sued for, to the treasurer OF Hoqui.
am, there was no reason in the world why
he should have hid himself behind plea
OF "the statute Of limitations" Such a
plea, in case where an officer is charged
with keeping money which he should
have paid over, is q plea which can be
looked at in only one way, and q man
who cares one iota for his reputation would
never allow it to be made. A man who
does make it should not grumble If men,
bers OF the republican party refuse to
support him. He should consider that
he made very bad mistake when he &C.
copied the nomination, with such a record
in the courts Of the county.
There was only 5000 claimed, and the
costs only amounted to $500, so no one
need have feared q judgment against
them, it the court should have held that
the money had been wrongly paid over,
and that it belonged to the schools. If
the receipts which it is now claimed he
had, but which were not shown to the
court, were all regular.
After the case was dismissed his at
torney was asked why he plead the
Statute Of Limitations, and he answered,
"It is hard, but we had to-"
The sophistry Of lawyer may find ex-
cuse for such actions. Intense partisan.
ship might overlook it and cause some
republicans to vote for such candidate,
simply because he was on their ticket !;
but very few men are to be found how
ever who would place themselves in such
q position, unless the cold facts COM
PEELED them to.
When the republican central commit.
tee met here on August 23rd, they ex.
amined the record in the case, and every
one Of them decided that they could not
support Mr.. Warren, and they instructed
their chairman to see Mr.. Warren and
secure his resignation; they also in
structed their secretary to write to 9
republican, then out Of the county, and
ask him II he would accept the nomina-
ton. It will be seen by this that those
opposing the republican candidate for
auditor, are not without good grounds
for their oppo>itions.
Mr.. Warren was with the committee,
when it met on September 3rd,-and
stayed with them-until his case was
disposed OF, and when he would not re.
sign, they concluded to do the best they
could for him, and were going to get up
q defense for him on this matter, but
concluded that they had better let the
matter rest, until the attack was made,
because the defense might inform many
people Of the charges, who would not
otherwise know Of them. A very good
reason, under the circumstances.
The above reasons are not the only
ones for the opposition to MIR. Warren
from republicans. There are several
more-good and potent ones too-but
as they were not referred to in your arti'
Gle will not set them forth here. The
republicans opposing Mr.. Warren, take
their causes for such opposition from hif