The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1904-07-25


Scott and the board OF county com
mtasioners repent at the eleventh
hour and take steps 10 protect tias
trtrrests Of the taxpayers who elect
80 chem 90 office. and whose Inter
r.tH they swore 10 faithfully repre-
s.nt and safeguard the civil suit nj
go county against ex-frcaHufef
Charles y. WhIttlesey and MS INST
term bondsmen Is a closed case anu
All hone OF forcing a settlement CT
IN. kagbT4es shortage in the e
treasurrr's accounts is gone
Attorney Wumon Tucker. Nho
Was months aKo appointed spes IA
toass to try the ease has taken the
srttep foresasted by The star re
Gently and has filed what practical
h amounts q a Judgment OF ans
mIssaI on the motion fer non-satt
sllav.a 20 have been made in the
rsaa AT eume time prior to the last
indefinite postraucmtnt Of the lfist
Railing on the notion which Ee
r,r#tss vas made at the conclusion
o. the cross examination Hi 'haftsH
n Grant the euHuty.H first anu
only witness. Judge Tucker holds
that there Is nothing ia the eft=
denee before him 90 warrant the
Entry uf Judgment against MI
Nhittlssry and his numerous 'HhaH
men. and grants the uau=suit Win
the following umIuus clause
However. r counsel have any
thiur Co Say upon any IT the Items
that I have mentioned ar desire =
cite any authorities uu any pfoposAz
tian which nav ugcuf e. them.
shaII BE- glad e. give them a hearing
for that purpose. utherNiss# The mo
ton NAV be- considered granted.
~ the Injection % this clause
f-ta his opinion. judge Tucker prae=
ueally coufesaaH bis belief that re
Taxpayers have been shameiullX
Thrown down BY Prosecuting Al
tarney Scott. their legal representa-
tive. ln the trial of the sult and
neatly shifts the final responsible
nv for the dismissal - the case
back e. Mr. Scott lu Yiew Of the
lattsrss attitude In the past. how
ever. there Is little cause % hope
thar he will attempt % revive the
utIvatton aHE
Judge fuckers lengthy decision
j. scarcely a legal orlniou. It's
chief Characteristic are q mastery
evasion Of anything approaching
definite statement 90 las and facts
Its tone Be- arKumeutAtlve aud apollo
gefIe throughout. and With the title
changed % would serve better a. q
hrlsf Tor the defendant and bis
bouaamen. filled as Il l. with 81
haualivc Quotations from the teatl-
uouy bolsteriug up the claims q
the latter
Divested Of explanations and
apologies Judge fuckers ruling il
that II any shortage exists IN NJ.
Whitfieaey's accounts. It arose dur
ing bis second term. This decision
H. arrived AZ from the testimony
q NJ Grant. Who exported white
say.a books for the county commits
sioners. and who was asked just
che question by Prosecuting Attor-
uey Scott he was then cross
Examined for two solid weeks BY
Whlttlesey's attorneys after which
Prosecuting Attorney Scott. in pur=
suanee ~ what appears 20 have
teen a deliberate conspiracy 30 plaH
into the hands ~ the enemy. al
lowed the case O. De continued from
week 20 week and finally dropped
from the trial calendar
The case uas lu this condition
when The star asked the question
q week ago What has become ~
the WhlttisHeY caae7 Immediately
thereafter Judge Tucked discovered
that a motion for "a uau-sult had
been made and proceeded 90 grind
out the opinion now on file iu the
superior court
If Ia "a significant fact that there
b. stHi absolutely nothing in the
court records - show that such
motion Was ever filed. and until the
matter is corrected the docket vii
continue 10 show that Judge Tucker
ruled on "a motion which bad never
been made.
Several % the T. fgpewrlftan
paeea o. Judge fuckers opinion are
AHa aAHA Nt Afaa AANsHA fHAht HHfft 90 III
pert Grants report and hls teafI=
manH Nith reference 10 his iuvns=
tiEafIan Of the records ~ the county
treasurer office.
Attorney Tucker seems 10 have
forgotten that D. was appointed 70
try the case for the purpose ~ do
ing strict justice between the par
ties. and there ia not a line In the
opinion that the court ever even
suggested Co Mr Scott that h. might
reasonably be expected 70 close his
ease before submitting b. 60 the
court on motion Tor uuu-ruIt
~ result ~ this peculiar aefIan
on the part ~ the court the Whit
tieaeY case was allowed 10 20 abr8-
lutelY BY default Merely because
Ezpart Grant. the countya own Wit
ness. was not able 90 give The court
The facts and figures which were
properly matters Of defense. but