The Colfax gazette. [volume] (Colfax, Wash.) 1893-1932, 1912-02-02
FAST WORK SAVES
WELTY FROM Pen
WHATCOM COUNTY OFFICIAL FAIL.
ED TO SPIRIT AWAY
EX-BANKER.

Good luck more than anything else
was all that kept Harry J. Welty from
spending at least day or two of this
week in the penitentiary at Walla
Walla. The supreme court had re-
Gently denied Welty a new trial in
the case wherein he had been found
guilty of accepting deposits in the
Home Savings bank of Bellingham
after he knew the bank was insolv-
ent, and a commitment had been is
sued.
| Welty had said that he would not
| fight the case further, but few days
ago he changed his mind and decided
to ask for rehearing on the ground
that one of the jurors at his trial had
previously been in an insane ASYLUM
and since the trial had been again
committed to such an institution. In
order to get a rehearing it was neces-
sary to secure writ of habeus cor
pus after he had been taken in Gus
tody. For several days he had been
expecting an officer from Whatcom
county to take him in custody and a
writ had been prepared ready for the
signature of the judge at the proper
| time.
Sunday morning a deputy sheriff
from Whatcom county walked into
the sheriff's office unannounced and
asked to have Mr. Welty called in.
The request was granted and when
Welty arrived the visiting deputy an
nounced they were to leave on the
westbound train which was due in a
few minutes. 1t is understood that
the deputy intended to take Welty to
a hotel in Walla Walla and from
there telephone to the penitentiary
for guard to take Melty to the in
stitution. Attorney Charles Hill,
who has been assisting Welty in his
defense, was called on the telephone
and rushed to the rescue. In the
meantime the deputy and his prisoner
had started for the depot but
the deputy became bewildered
in his directions and eros
sed the river. When near the old
Congregational church he realized
he was off the track and asked We'll
ty the way to the depot. The desired
information was given and they re-
traced their steps to Main street.
About this time, by good luck,
! Judge Neill was on his way to the
depot to meet a friend and was call
ed to his office where he signed the
writ The document was placed in
the hands of Deputy Sheriff Geo. L..
Corner, who made a run for the
depot and served the paper just be-
fore the Whatcom deputy and his
prisoner were ready to step on the
train.
Welty was at once taken before
Judge Neill who fixed his bond at
$4,000. Provision had been made
for this and the bond was already
prepared and signed. The bondsmen
are G. w. Larue, Will Schluting, w.
NJ. Duncan, F. N. English, J. F. Rich
ardson, M. J. Maloney, T. J. Welty
and B. F. Sherfey of Colfax, c. H.
Hinchliff of Elberton, N. w. Nc
Gee, H. w. Price, ]. E. Nessly, c. H.
Russell and j. NJ. Palmerton of Pull
man, representing more than a quar-
ter of a million dollars.
The writ was issued as a matter of
course and in order to give the par
ties time to secure evidence the date
of hearing was set for February Is.
Judge Neill announced that he con-
sidered himself disqualified to hear
the case on its merits and stated that
another judge would be here at that
time.
Another interesting feature of the
case was the fact that Attorney
Charles Hill fearing that he might
not succeed in getting the writ be-
fore the train left, requested Deputy
Sheriff Cole to go aboard the train
to take Welty from the custody Of
the Whatcom deputy on telegraphic
| instructions that the writ had been
issued before the prisoner was out of
the county. This precat ton proved
unnecessary and Cole, who had al
on the helper engine from the Crest
Had Welty been taken to the pen
itentiary he could have secured the
writ of habeus corpus and release on
bond but it would have necessitated
spending at least two or three days
behind the bars.
w. d. Outman, who succeeded H.
J.. Welty as president of the Home Sc
curity Savings bank, entered plea
Of guilty few days ago to the charge
of accepting deposits after he knew
the bank was insolvent and was fined
/ $4,000. Outman was formerly a
Pullman man and is well known in
Eastern Washington. He passed
through Colfax Wednesday on one OF
his trips for a harness company, for
which he is travelling salesman.