The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1907-01-09
WOMAN ACCUSED
OF THEFT RELEASED
FIRST CASE BEFORE JUDGE OOUST
Attorney Krutz for Prosecution and
Attorney Snyder for Defense
Take Day of Judges Time.

Justice of the Peace Doust held
court Saturday morning in the
| council chambers at the city hall
to hear the case of Mrs. Caroline
Curtis, wife of Albert Curtis, jan
itor of the schoolhouse at Wapato.
The case was dismissed. This was
Justice Doust's first case and a
number were present to hear it and
satisfy their curiosity as to how the
judge would conduct matters.
Mrs. Curtis was charged with
stealing $50 from the home of Mrs.
f. S. Smith on December 81. The
Smiths and Curtises live on the same
property, which is leased by Mr..
Smith, at Wapato, and they have
always been on the best OF terms.
The evidence of the plaintiff and
witnesses for the prosecution was to
the effect that ON December &c Mrs.
Curtis was at the home of Mrs.
Smith for the purpose of assisting
her in cleaning the house. During
the day Mr.. Smith gave his daugh-
ter, Vivian, a $50 gold piece, re-
questing that she send it to a piano
company to pay an installment on
their piano. At the time Miss Smith
was writing letters and laid the mon
| ey on the sewing machine. She
shortly after left the room for nap
leaving Mrs. Curtis in the room, but
| did not pick up the money. When
She Immediately asked Mrs. Cur
| tbs and her mother if they had seen
| it, but they both said they had not.
Mrs. Curtis suggested that search
be made of the stove, as she had
taken a few srcaps off the machine,
! and possibly the money was among
them, and it might have been
thrown into the stove. An investiga-
ton was made of the stove, but
nothing that looked like gold was
found. A search was then instituted
of the entire house. During the
first part of the search Mrs. Curtis
had gone to the postoffice, but on
her return she assisted in the
search and suggested that they look
in the pantry near the chimney, and
to the surprise of all $40 gold
piece was found there. Mrs. Smith
said that she did not understand
how the money could have got there
as the family was not in the habit
of distributing money all over the
house, and Furthermore she had lost
$40 gold piece and found $40
piece in its place. Mrs. Curtis said
that possibly Mr.. Smith was mistak-
en- in his assertion that he had Civ.
en- Vivian a twenty, and only gave
her ten. Mr.. Smith was positive
it was a $40 gold piece That eve
ming Mrs Smith counted her money
and found that she had a $40 bill.
$40 gold piece. SIS gold piece and
some silver. She placed the entire
amount in her purse and placed it
on her bureau when retiring. The
next morning, December 27, the
purse was still on the bureau, AMI
Mrs. Curtis came to assist in the
quilting of a comforter. At one time
during the day Mrs. Curtis was in
the bedroom occupied by Mrs.
Smith and where the purse con-
tanning the money was. While Mrs.
Curtis was in that room Mrs Smith
claims to have heard the jingle of
money and sent her daughter WV
ian in to investigate. who returned
with the news that $40 was missing
from the pocketbook. $40 bill
and a $40 gold piece. AS Mrs.
Curtis was the only person in the
room she was accused of taking it.
When Orville Smith took the wit
ness stand he was asked, "Are you
the son of Mrs. Smith, the plain
tiff in this case?" he replied, "I|
think So
Judge Doust in Diminishing the
case said that while in his mind the
evidence given by the prosecution
was no doubt true. all shat was
shown was circumstantial and that
he did not consider it sufficient to
warrant holding the defendant.