The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1909-01-06

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element trial is being heard today
and the case will reach the jury
sometime this evening. Three
hours were allotted to each side. w.
c. Donovan, deputy prosecutor.
opened for the state yesterday
evening and closed this morning.
after talking for an hour and a
half. He was followed by Judge
Poindexter, who had spoken for
about an hour when the court ad-
journed at noon. Don F. kizer,
deputy prosecutor in charge of the
states case, will consume the bal
ance of the time allotted to the
prosecution in his closing argu-
ment for the state.
In the course of his remarks to-
day Deputy Prosecuting Attorney
Donovan said:
81 predict that before this case
is over Judge Poindexter will try
to show that every man In the
water office and city treasurer's
office, except Horton, was a crook.
and that Horton was the only
clean one among them"
Il have never heard of public
official or bank cashier who went
wrong and lost through specula-
ton the funds entrusted to his
care but could go into court and
prove. that prior to the crime he
bore good reputation"
Horton perjured himself when
he said that Frank Allen told him
Corporation Counsel Lawrence r.
Hamblen would see Judge Huneke
and fix matters with him so that
Horton would go free If he made a
full confession of his guilt. This
was shown by the contradictory
testimony yesterday afternoon bf
Allen, Kizer, Burns, Cannon and
LeMaster If Horton perjured him
self on one point 1t Is reasonable
TO assume that he did on others"
Donovan attributed Horizons al
legged downfall tsfssock speculation
as it was shown that Horton had
an interest in some sort of a brok-
erage business while he was en-
ployed as a clerk in the water de-
partment. Donovan painted a pic
ture Of Horizons pleasant home sur
roundings, and spoke of his good
wife, who has been a constant at
tendant at the trial, which words
brought tears to the eyes of Mrs.
Horton and smile to the face OF
Horton. Donovan was quick to take
advantage Of this opportunity, and
turning from the jury he pointed
toward Horton saying:
There is sample of the caliber
of this man, gentlemen of the jury.
He sits here charged with felony
and Walla Walla staring him in the
face, his face clothed In a smile of
derision, while his good wife is in
tears"
Judge Poindexter had only gotten
fairly into the heavy part of his
ment came. This afternoon he de-
nounced in most scathing terms
the tactics used by the state to
extract a confession from Horton.
He said 1t was against the prin-
ciples which compelled King John
TO sign the Magma Charta, and for
which our forefathers gave up
their lives on the battlefields Of the
revolution.
These principles have been per-
mitted to wane and grow cold in
late years, but must be protected
and cherished If our liberties are
to endure"
after two months of star cham
Der sessions, in which all the ma
chinery of the city and county
were brought into play, no more
evidence against Horton was pro-
duced IN any of the other long list
of charges against him than there
ia In the case on trial. The noun
tain has labored and brought forth
mouse
There's niger In the wood
pile in this case. 1t was the states
duty to trace the money collected
in the city water Office to its final
end in the cash account of the city
treasurer in bank, but the state
has not done SO. Until this Is done
one Of their chief witnesses, Mr..
LeMasters, the expert or alleged
expert who examined the books,
says II cannot be definitely deter.
mined who got the money"
at looks to me like there's some
politics in this case. Why 1t should
be can not say. as Harry Eggle-
ston. city treasurer. is the only
democrat In the administration.
don't mean to say that Mr.. Eggle.
ston Is not an honest man, but II I
were the prosecutor and conduct.
Ing this case l would insist OH a
full and complete examination of
the city treasurer's books before /
would charge anybody with the