The Colfax gazette. [volume] (Colfax, Wash.) 1893-1932, 1900-10-19
JUDGE AND JUSIlCE
Justice of Peace Sitting on
Trial Of the Judge.
Mcdonald is Charged WIN tue
Crime of Solicitation or
Perjury.

VIM. Mcdonald. charging nun WI"
few counts OF subOrdination OF perjury.
The charges are old, dating back TO the
lovely DAYS of pOpulism, IN the spring
and summer of 1898. There Is a dlspo-
etion in certain quarters to charge the
Judges arrest to republicans; but the
people will observe that the dates show
this to be purely fight among the love
Is crowd of populists and great re
formers" elected in 1896. They charge
each other every day with crOOkedness
which would put & worm fence TO shame.
1t is probable that truth has been
told, or that il will be.
The warrant for the arrest OF Judge
Mcdonald was secured from Justice
Kirkland For two years Mr.. n 'ssly
has been endeavoring TO interest law
yer sufficiently to prosecute Mcdonald.
NJ. O Reed recently took up the case
through the authority Of the board OF
county commissioners. The commits
sioners gave this authority upon basis
OF the evidence which was before the
board in the keech pardon case two
years ago, all of which the Gazette pub
lished at the time, and which is not now
necessary to repeat.
The chief witnesses now brought
against Mcdonald are NJ 7. COffman, d
detective in the service OF Sheriff Sims
and Judge Mcdonald in the spring of
1898; Dir. II. F. harrington, who was
held by the pOpuist administration for
eleven months in Jail on charges Of cat
tie stealing and bank robbery, and who
in all that time was never brought to
trial, and n. w. Durham, editor OF the
Spokane Spokesman. Review, who year
or two ago enjoyed good dinner with
Mcdonald and probably heard some
thing the Judge said.
The case went to trial Wednesday,
with }. T. Brown, c. N. Wymau, Thos.
NELL and John PattisOn defending Me
Donald and NJ. O. Reed prosecuting.
Justice Kirkland presides. The case is
being hard fought, and the time is being
principally taken up with objections
from the crowd Of legal gentlemen and
arguments upon the objections.
First Complaint.
j. E. Nessly being first duly sworn ac-
cOrding to law complains of and accuses
William Mcdonald of the crime of at
tempting to suborn perjury committed
as follows, to-wit:
That William Mcdonald in the county
of Whitman, state of Washington, on
the 21st day of February, 1898, then
and there being the judge OF the superior
court of Whitman county state of Wash
ingtOn, and one John r. Rogers being
then and there, and having been for
more than one year, the duly elected,
qualified and acting governor of the
state of Washington, and John r. Rog-
ers having delivered to William Melon
aid certain pardon, uncOnditiOnaliy
issued and delivered the same to William
Mcdonald delivered upon demand to one
I. w. Keech, in whose favor said pardon
had been issued.
That on the Dist day of February,
1898, William Mcdonald, by use of said
pardon attempted to incite, coerce and
procure u. W. Keech to commit the
crime Of perjury, by then and there
threatening Z. W. Keech to return said
pardon, herenbefore mentioned, back to
the said John r. Rogers, governor of the
state of Washington, as aforesaid and
to send U. W. Keech to the penitentiarv
at Wa!la Walia, unless he, U. W. Keech,
would then and there promise William
Mcdonald, and would, when called upOn
by William Mcdonald, go upon the wit
ness stand and testify that he, of his
own knowledge, knew that Nessly had
been guilty of the crime of burglary in
attempting to rob the Bank OF Rosalis:
or to the effect that he, Keech, had at
one time been a member of a band of
cattle and horse thieves and that Nessly
was member of that organization. and
that keech knew that Nessly had been
guilty OF the crime of cattle stealing in
whitman county and in Spokane county.
Although William Mcdonald then and
there knew that said things we're false
and untrue, and was so informed then
and there by keech, and that thereafter
William Mcdonald refused to deliver
said pardon to Keech, by reason of
heech refusing to give testimony against
Nessly, and but for the fact that the
prosecuting attorney of Whitman conn
ty, John W. Mathews, interfered and
would not permit Keech to testify to
what keech had stated was false and
untrue nreation to Nessly, Keech might
nave been influenced and induced nv
reason OF his desire to obtain q nardon
TO testify against Nessly, in such man.
ner as William Mcdonald might dictate
although keech well knew that he could
give no testimony against Nessly in
elther OF the matters hereinbefore stated
wherein William Mcdonald had attemnt,
Ell to influence Keech to commit the
crime OF perjury against Nessly? con-
Irary TO the statute III such cases made
ana provided and contrary to the npace
and dignity of the state OF WASHINGTON
j. E. NEssLY.
:uoscFlDed and sworn to before me
this 18th day of October. A. D. 1900
A. f. KIRKLAND.
Justice of the peace.
Second Charge.
.. n Ness " being first duly sworn
aWCg ME-. to law, complains and accusas
t mnilam Mcdonald of the crime of at.
as follows: P'u'J committed
Of W VhS m1I,lam MeDonald,in the county
the 18th day of April, 1898 tb ,on' on