The Colfax gazette. [volume] (Colfax, Wash.) 1893-1932, 1900-10-26
PRICE FIVE CENTS.

| 10 heech: "Iou must come here and
swear that Nessly and Harrington stole
| Ben Manchester's cattle or Won will
never get your pardon" Mathews said
to the Judge: "You must not talk that
way or you will disqualify Yourself from
sitting in the case" Mcdonald said.
Disqualify nothing; Pm running this -
1hen he repeated to keech that he must
come and testify that Nessly and Har-
ringtOn stole Manchester's cattle or he
would not get his pardon. Mathews al
SO testified that Mcdonald asked him tn
hle information against Nessly, charging
cattle stealing; that he looked up the
record and found Manchester's cattle
had been stolen more than three Years
before and was barred by the statute of
limitation. lie so told Mcdonald and
Mcdonald said: File the charge any-
way; 1t will be enough to besmirch his
character and get him fired from the Re.
view"
Cross examined, Brown accused
Mathews of friendiness to Nessly ana
hatred Of Mcdonald, and that he refused
10 prosecute on McDOnaId's charges.
Mathews said he did not refuse. but told
Mcdonald when he or anyone filed
would; that when Mcdonald had Nessly
arrested last spring he had volunteered
20 htlp prosecute It evidence was gotten,
but 1t was not. Ia reply to Brown as to
bitter feeling against Mcdonald, Mathews
said
II have no respect for Mcdonald.
either as a citizen or Judge"
Witness told how he had called the
Judge before the grand jury and asked
nun TO make charge against Nessly for
putting the woman in Leonard's cell. az
claimed by the judge, and Mcdonald
had told the grand jury he had
thoroughly investigated the charge and
was convinced there was no evidence to
justify action.
Matthews testified that the Judge had
told Editor Durham and Nessly that he
(the witness) had tried TO indict Nessly,
and that he (the judge) had prevented
1t, and that the Review should support
instead of fight him for saving NessIy
the disgrace. Witness said Mcdonald
had made public grand jury secrets and
he had not spoken Of it until these facts
had become public through McDonald's
talk. Mathews said he and Mcdonald
had talked Nessly's case over and de-
clded there was no evidence to convict
OF any crime, but the Judge insisted
Nessly must be prosecuted on some
charge because he had published state
ments detrimental to Mcdonald, and he
hoped to get him discharged from his
position by prosecuting him. His lack
OF love Tor the Judge, the witness said,
would not interfere with his telling the
truth under oath,
Brown asked why he, as prosecuting
attorney, did not prosecute the Judge
when be heard him talking over the tele-
phone to keech, If he believed the Judge
was trying to induce Keech to swear
falsely. Mathews replied that it was be-
cause he knew the court was surrounded
with henchmen like Brown himself; "and
after he had caused your arrest, Mr..
Brown, on an embezzlement charge and
then dismissed the case, lost all respect
for the court and knew it useless to at
tempt action while he was in power. |
did then, and do now, believe that Judge
Mcdonald tried to force Keech to testify
falsely against Nessly and used the par
don to force keech to swear to ie."
Mrs. keech cOrrObOrated in great part
the testimony of COffman and Mathews
private room, when Judge Mcdonald
was trying to induce Keech to swear
falsely against Nessly. She had not
paid much attention to details until her
son leaped to his feet ard exclaimed that
he would not swear to a lie if he went to
the penitentiary. She knew Mcdonald
was trying to get her son to swear to
something against Nessly which ne had
often declared untrue She told OF
Judge Mcdonald calling on her before
she was out of he'd, at al early hour,
and talking to her about the testimony
she would give in the case, trying to con
vince her she was mistaken, but she told
him the same as she had told the prose-
cutOr and as she had testified to. Reed
accused the Judge of tampering with the
states witness.
Mrs. keech detailed the circumstances
under which she was given her sons
pardon. She said Judge Mcdonald re-
quired her to pay 1921 .65 for it, assert
ing that the state had been to this ex-
pense in securing it; thaG later the com
missiOners returned it to her.
Auditor Corner brought in the record
Of the pardon, as filed in his office. This
showed that the pardon had been grant
ed Internationally.
The Defense.
The defense moved for dismissal on the
ground Of insufficient evidence. This
was overrrled.
VIM. Huntley, chairman of the board
OF county commissioners, testified that
NJ. 0. Reed had been employed to prose
cute the case. de denied that the re-
publican party had anything to do with
bringing the action, or that, to his
knowledge, it had any political signifi-
canoe. The witness was not allowed to
answer az to whether the democrats had
contributed toward expense of the ac-
ton, the court holding that it had moth
ing to do with the guilt or innocence OF
defendant.
No Republican Money.
W. j. Davenport, chairman Of the re-
publican county central committee, testi-
fed that DR.. I. d. Ferguson, county cor
Oner under the pOpulist administration,
had approached him for a contribution
OF $3.50 to employ counsel to prosecute
Mcdonald on this charge. He supposed
this was to come out of the republican
campaign fund in his charge. He re-
fused the request to put up money for
the purpose.
Defense Withdrew.
Attorney Wyman announced that be-
cause of the refusal OF the court to
allow the defense to prove a political
conspiracy, he would withdraw from the