The Missing Will That Would Have Given Seattle a Library

Statements published in The Post-Intelligencer a week ago that the late Henry L. Yesler had left a will received startling confirmation yesterday in the arrest of his widow, Mrs. Minnie B. Yesler, Dr. J. Eugene Jordan and Dr. H. Martin Van Buren on the charge of having made away with it. At the same time, facts in connection with Mr. Yesler's last days were brought out that throw a strong light on the circumstances leading up to the alleged crime.

The provisions of the missing will were learned more definitely. It had been read by Mr. Yesler to a friend selected as a witness about three months before his death, and was witnessed by that gentleman, so that if the other witness knows its contents it can be proved and its provisions carried out even if it has been destroyed. The will makes J. D. Lowman sole executor and instructs him to continue paying off the debts, as he had been doing, out of the income. To Mrs. Yesler it bequeaths the building occupied by the National Bank of Commerce, a fine piece of property near Lake Washington, $10,000 with which to build a residence on it, and an annuity of $2,000 for life. To J. D. Lowman it leaves the Yesler building on Pioneer Place, now nearly completed, with its site. All the remainder of the estate, after the debts are paid, is left to the city of Seattle, with a provision that the old Yesler residence is to be used as a public library. The city would thus acquire a magnificent estate.

At the time of H. L. Yesler's death it was generally supposed that he left a will, and although it was not found when the house was searched, the impression was out that it was in the possession of Judge J. R. Lewis, who at that time was in California. Inquiries were sent to him, and his reply was to the effect that he knew nothing of the will. Recent developments establish the fact that these steps were only the beginning of a vigorous search for the document, which was believed to have been in existence a few days before Mr. Yesler died. Who the prime mover in the case was is religiously kept from the public, but it is understood to be J. D. Lowman, Mr. Yesler's trustee.

Six weeks ago yesterday a man whose name is said to be Herold came to Seattle and commenced to investigate. He had with him a man named Joseph F. Brown, who swore out the warrants that were served on Mrs. Minnie Yesler, J. Eugene Jordan and H. Martin Van Buren yesterday morning, charging them with destroying the Yesler will. For six weeks the detectives worked on the case, keeping their presence a profound secret. Even the local detective agencies did not learn that such decided steps were being taken in a case that was talked of more or less all over the city and even the state. The identity of the detectives was kept from the police, and all this time they were working to establish the fact of the existence of a will and the date at which it was last seen. Certain information came into their possession that led them to believe that a will—the beneficiaries of which were the city of Seattle, J. D. Lowman, Minnie Yesler and others—was in existence December 14, 1892, and that it was either destroyed or hidden January 16, 1893.

At 7 o'clock on the evening named, John Fairfield, the attorney representing J. D. Lowman in the criminal matter, with Joseph F. Brown, the detective, and Capt. Eugene M. Carr, another representative of the Lowman interest in the Yesler estate, went to Justice of the Peace Burt J. Humphrey's residence on James Street, where Brown swore to a complaint charging Minnie Yesler, widow of the deceased Henry L. Yesler, Dr. J. Eugene Jordan and H. Martin Van Buren with forgery in destroying Henry L. Yesler's will. The complaint alleged that on December 14, 1892, they did falsely and fraudulently destroy the last will and testament of Henry L. Yesler, with intent to defraud the city of Seattle, a municipal corporation, J. D. Lowman and the other beneficiaries under the will.

With these documents in their possession the party returned to the Rainier block and sent out for John Van Horn, constable in Justice Humphrey's court. He was at the theater, and it was 12 o'clock when they finally found him. Van Horn was taken down in front of the Rainier block, where were collected the attorneys interested in the case, and introduced to the detectives. The man known as Herold was the leader and Brown his assistant.

Copies of the warrants were given to Van Horn, and he, in company with the two detectives, set out to capture Drs. Jordan and Van Buren. They did not find the former at his office in the Safe Deposit building or at the Russell house, and it was about 3 o'clock in the morning when it was found out that he had been on Pike Street making visits. When it was reported that the doctor had returned to his room in the Russell house, the detectives and lawyers held a consultation as to the best tactics to get him out. At last they hit upon the plan of employing a messenger boy, and on the pretext that a patient wanted to see him the doctor was made to come out and start for his office. On the way down he was met by Herold and Brown, who engaged him in conversation and followed him to his office. During this conversation they explained that they had a warrant for his arrest, and, according to the doctor, told him that if he would give up the will or reveal its hiding place they would let him go free. The doctor informed them that they evidently did not know their man and should like to know the reason for this high-handed proceeding. The detectives did not see fit to give any further explanation than was contained in the warrant and wanted the doctor to come along with them, when Constable Van Horn appeared on the scene. He also informed Dr. Jordan that he had a warrant for his arrest in connection with the Yesler will and proceeded to read it.

"Hold on," said the doctor, "how many times am I being arrested?"

"That don't make any difference," replied Van Horn. "I am the proper one to serve this warrant and it must be done properly."

"All right," said the doctor, "go ahead, and when you get through among yourselves, simply decide who has arrested me and with whom I am expected to go."

Van Horn finished reading the warrant, and then the doctor was taken in a hack to the county jail and placed in the west wing. It was claimed that the doctor became much excited when taken in his office, but the officials at the county jail say he was as cool as an icicle, and said nothing when the bars closed on him, other than: "Someone will sweat for this outrage."

Previous to this several attempts had been made to get Van Buren out of his room at the Russell house, but they were unsuccessful. After they had Jordan, however, their courage seemed to rise, and, while the lawyers stood on the corner, the detectives and Van Horn went in and found the door unlocked. They rapped and then entered. Van Buren was in bed. When their errand was made known the officers say Van Buren lost all the color he had and was so rattled he could not get into his clothes without a great effort. Van Horn read the warrant, and, while Van Buren was dressing, it was suggested that Kellogg go down to Dr. Jordan's office and get him to come up and put up bail for Van Buren. Kellogg got out of the room in a remarkably short time and was heading for Jordan's office when he was hailed by Capt. Eugene M. Carr and went away with him; the play closed with another hack ride to the county jail with Van Buren as the principal.

It was about 5 o'clock when the bars of the south wing of the county jail closed on Van Buren. He had been placed in the quarter with the common rabble, and what is known as a "kangaroo court" was immediately called and the doctor fined $5 for entering the jail without a permit. It was currently reported that he took the proceedings in good part and paid the fine.

When the detectives and constable looked over their work they found that one warrant still remained to be served. That warrant called for the arrest of Mrs. Minnie Yesler. It was not daylight, and they came to the conclusion that the ends of justice would be as well served if the time was put off until later in the morning. They were not idle, however, and as soon as Justice Humphrey could be gotten hold of, informations were filed charging Mrs. Minnie Yesler, Dr. Jordan and H. Martin Van Buren with the larceny of the last will and testament of Henry L. Yesler, the will being the property of J. D. Lowman, the executor. These supplementary informations were filed for the purpose of forming a basis for the issuance of search warrants.

At 9 o'clock in the morning Detective Herold and Constable Van Horn went to the Yesler mansion and rang the doorbell. Mrs. Gagle, Mrs. Yesler's mother, came to the door and opened it slightly, and Constable Van Horn put his foot between the casing and the door, and, stating his mission, walked in. He requested to see Mrs. Yesler and was told that she was sick in bed. He, however, said that the case was urgent and that he desired to see the lady and perform his duty. There would be no necessity of removing her from the house, so she would not be subjected to any hardships. Finally a servant was called and told to conduct them to Mrs. Yesler's room and inform her of their errand. The servant did so, and on opening the door Van Horn and Herold stepped inside the room. The servant retired and left them alone. Mrs. Yesler was sitting up in bed, and when informed of the nature of their errand, took the situation as gracefully as possible and told the constable to do his duty. Constable Van Horn drew out the warrant for forgery and was beginning to read when there came a thundering at the door. The constable says the door was not locked, but the person thought it was, for suddenly there was a floundering and a noise as if someone was climbing a ladder, and from the transom came the words: "Don't you sign any papers at all. Keep your mouth shut." The constable says he is confident he saw the angry face of Mrs. Gagle looking down upon them.

While the scene was going on in the room, Mrs. Yesler's attorney, W. H. White, of the firm of White & Munday, came running to the house, and, on entering, wanted to see the warrant. The detective replied that it was not necessary for him to see the warrant. Mr. White objected to this and Constable Van Horn showed him the warrant, knowing that he was the lady's attorney. The officers were waiting for instructions as to serving the search warrant. Attorney Fairfield came and the officers were given to understand that it would not be necessary. Attorney White wanted to know about the bonds for Mrs. Yesler's appearance at a preliminary hearing, and the detective replied that there would be no necessity for any, as she would be allowed to remain in the house, and there was no fear of her going away. White, however, insisted that he wanted the bonds fixed immediately, and thus put a stop to any detectives nosing around the house. The matter was compromised by Justice of the Peace Humphrey coming to the house about 10 o'clock and adjusting the matter. Her bonds were fixed at $1,000, with herself and M. K. Maddocks as securities.

Drs. Jordan and Van Buren during the morning sent for Judge Stratton, of the firm of Stratton, Gilman & Lewis, and, after consultation, were allowed to go down to their office to see about getting bondsmen. At 1:30 o'clock they had secured several of the most influential men in town to go surety for them, and then proceeded to the justice's office. When Dr. Jordan came into the room he was as cool as ever, and the same might be said of Van Buren. The bonds in the case on the charge of forgery were placed at $5,000 each.

Constable Van Horn and Detective Herold, armed with the search warrants, had taken advantage of the time while things were quiet about noon and searched Van Buren's room at the Russell house and the vaults at the King County Bank, but report that nothing was found. The search at the Safe Deposit vaults was not carried to a finish, and now interest hinges to some extent on the contents of a box that has been sealed by Constable Van Horn, and will be opened only after the opposing attorneys come to some kind of a decision in the matter.

Mrs. Sarah Burgert Yesler died in 1885, leaving no issue, her two children having died in infancy many years before. In 1888 Mr. Yesler astonished his friends by marrying Miss Minnie Gagle, daughter of John H. Gagle, a wagonmaker who resided at 111 Yesler Avenue. Miss Gagle had been a helper and companion to Mrs. Yesler, both coming from the same part of Ohio. Besides Miss Minnie, her father and mother, the family consisted of Miss Viola, a woman now 25 years of age and about five years younger than her married sister. There is also a younger girl, Edna, now about 7 years old. Mr. Yesler seemed always to be very fond of his young wife, but he was not particularly attached to his mother-in-law, and the Yesler residence was not often honored by her presence. Viola, however, was very much there, occupying a position half domestic. John Gagle was latterly employed about the grounds of the house on Second Street.

Mrs. Yesler, although seeming very devoted to her venerable husband, did not get along so well with his old friends, who could not readily accommodate themselves to the new interests. It was no secret to many of them that Mr. Yesler had formed the idea for years of leaving behind him a memory as the greatest benefactor Seattle ever had. He was very proud of being called "the father of Seattle," and he manifested the ambition he nursed by talking in a suggestive way about what he wanted to do for Seattle. It first took shape in an offer of the triangle at Yesler Avenue and Jefferson Street for a public library, but afterward the idea grew and he resolved to give the splendid block on which his house stood for a library.

At various times he talked of this to Gamman Poncin, Jacob Furth, H. Calligan, J. M. Lyon, Dr. Eugene Jordan, J. D. Lowman and others. As far back as the time when he built the Yesler residence he had a vague notion of making a generous donation to philanthropic purposes. He was mayor at the time, and was twitted on his extravagance in building so fine a house "for an old man and an old woman." He remarked to Mr. Furth and Mr. Calligan, who were members of the city council during his term, that "the house is not for Yesler; I am building it to give employment, and when I die it will do for an old men's home."

Although for several years he had dreamed of in some such way perpetuating his name and made several wills, he became of late very sensitive on the subject. Mrs. Yesler frequently spoke to him about the disposition of the property and about some provision for herself, but it always made him angry. He used to say that he would leave a will which nobody could break.

During the three months prior to his death Mrs. Yesler endeavored to get some satisfactory assurance, and while he was sick for the last time she asked him if he had made a will and what he had done with it.

"Oh, don't worry me, my dear," he answered a little impatiently. "I have made provision for you."

Mrs. Gagle was even more earnest in her efforts to arrive at some information, but Yesler was not so patient with her. Nevertheless, the pertinacity was not relaxed. About two months prior to the last sickness, Mrs. Yesler sent for an attorney, who was formerly city attorney for Seattle, and instructed him to intercede with Mr. Yesler and get him to give her a deed to the homestead block. The attorney did as he was instructed, and it is related that when he made known his mission to that gentleman, he jumped from his seat, used some forcible language and ordered the attorney out of the house.

The story of Mr. Yesler's last hours will horrify the public, if the testimony of those who were present should ever be given. There are many who can tell. There are Mrs. Gagle, Mrs. Yesler, Miss Viola Gagle, Dr. Eugene Jordan, Dr. Annie Russell, Mrs. Eunice L. Blakeney and Mrs. Fay, the two last named being professional nurses.

It will probably develop that Mrs. Fay is one of the best witnesses against Mrs. Yesler. It is said that Mrs. Fay has told Mr. Lowman that on December 14 she witnessed a scene which may, justly or otherwise, prove to be the basis of the theory that Mrs. Yesler destroyed the will. On the afternoon of that day—Wednesday; Mr. Yesler died at 2:30 a.m. Friday, the 16th—Mrs. Fay says she was in the bathroom. Mr. Yesler lay unconscious in his own room. Mrs. Yesler was in her room, which adjoined his. Mrs. Fay went into Mrs. Yesler's room and found that she had been burning some papers. Little Edna was sitting on the door. When Mrs. Fay entered Mrs. Yesler looked up and remarked: "I have been going through my desk and destroying some old letters."

On the night of Yesler's death, about midnight, there were present Mrs. Gagle, Mrs. Yesler, Dr. Jordan and Dr. Annie Russell. A consultation had previously been held at which several physicians, including Dr. R. L. Smith, Dr. J. P. Sweeney and others, had agreed that old age had done its work and the sufferer was beyond human aid.

Drs. Jordan and Van Buren found life at a low ebb and warned the family that the end was not far distant. The virility of the octogenarian had frequently responded to stimulants, and the doctors agreed upon a hypodermic injection of brandy. They told Mrs. Blakeney to get the brandy quickly, but she did not move. Mrs. Gagle cried, "It is cruel to keep at him," and protested against any attempt at revivification. The doctors then dipped a towel in water and put it to the dying man's parched lips, which mechanically sucked, although there was no other sign of consciousness. Mrs. Fay, the other nurse, became indignant and denounced both Mrs. Yesler and Mrs. Gagle for cruelty, and declared that they were afraid he would live a few days longer.

It was then resolved by the doctors that J. D. Lowman should be sent for, but Mrs. Yesler insisted that he should not. It was no secret that she had no love for Mr. Lowman. Dr. Jordan called Dr. Van Buren and sent him for Mr. Lowman, who arrived when death had practically set its seal.

It was somewhat of a surprise that Dr. Jordan should be in attendance, as he and Mr. Yesler, after many years' acquaintance, had become estranged, but friends of the family assert that he desired toward the end to have Dr. Jordan attend him again, and the nurses soon became aware of the fact that he would touch no medicine that was not prepared by Dr. Jordan.

Since Mr. Yesler's death the widow has been almost a prisoner in the house, all visitors being received by her mother, and only a very favored few being admitted. The plea of sickness has been advanced as a reason for denying visitors. Mr. and Mrs. Gagle have taken up their residence with their daughter, and the only attendants are a Swede known as John, who looks after the outdoor work, and a girl who was formerly a schoolmate of Mrs. Yesler, but who has for some time been employed as a domestic.

Mrs. Fay has narrated the incident of the burning of the papers to several people, among whom are Mr. Lowman, Dr. Jordan, Dr. Annie Russell and Mr. DeLoyties, of the Boston block.

Dr. Eugene Jordan was asked yesterday if he had anything to say to the charge. "Yes," he replied. "I will answer any question you choose to put to me. I have nothing to conceal."

In reply to a series of questions, Dr. Jordan then related his connection with the case: "I have known Mr. Yesler for many years, and we were close friends until a few months before his death. The cause of our estrangement began a few years ago, but only developed lately. I had offered to buy some of the late Mrs. Yesler's land from the heirs. I placed some money in Mr. Yesler's hands for the purpose, and he purchased it. It occupied considerable time, and when I finally asked for the deeds Mr. Yesler said that he intended some of the land for Mr. Lowman. I refused to entertain the proposition, saying that I had paid for it all, and that the fact of the increase in value should not induce him to go back on his bargain. After a year he gave me, not the deeds from the grantors but one deed from himself to me; and still three years later he and Mr. Lowman called upon me and said they had not intended I should have all that was bought, but they offered to return to me the amount I had paid for a portion. I refused, angrily; we parted, and soon after a suit was begun, but it was afterward abandoned. I did not see Mr. Yesler again till his last illness, when he sent for me and we renewed our friendship.

"I know nothing whatever of the will that is said to be missing. I did not know of its existence. Mr. Yesler never spoke to me about it, although I gathered from his remarks that his affairs were all straight. I supposed, of course, that there was a will, because Mr. Yesler had frequently told his wife in my presence that he had settled up his affairs. His wife once called his attention to how Tilden's will was broken, and he said nobody could break his. After I left Mr. Yesler's house I had no communication with the family until his sickness, and I had no suspicion that I was supposed to be concerned in the missing will. I remember now that when the mayor summoned the secret meeting of the council I was not notified, but it was afterward explained that I could not be found.

"As to the immediate events, I went to Tacoma on Wednesday with Dr. Kloeber, Alderman Ingram and Delegate Drew. We separated there. Dr. Kloeber and I, taking a journey to the railroad depot to inquire after the Salt Lake City officials, sat in the carriage while the driver went to inquire about them. We heard shouts and saw a heavy wagon drawn by two runaway horses making directly for the rear of the carriage. It looked as if there would be an awful smash. I called to Dr. Kloeber to jump, but the doors were fastened by a strap. I threw myself against the doors and burst them open. By this time the runaways were upon us. I threw up my umbrella and struck the flying horses' heads with it. They swerved and dashed by us at an awful pace, just glancing off the wheel of the carriage.

"When we returned to Seattle we attended the dinner at the Rainier, and then went to the theater with the visitors. I bade them good-bye at the door, and there I noticed two men who said good evening. I paid no further attention to them, and went off to supper. I was lying in bed at the Russell house, reading, about 4 o'clock in the morning, when a messenger boy entered and gave me a note. He had no look, and at once left the room. It was a note requesting me to go to my office at once, and was signed 'Annie Russell.' I had been attending Dr. Annie Russell's sick boy, and supposing that medicine was needed, I got up and went to my office in the Safe Deposit building. In the doorway stood the two men who had spoken to me at the theater. I passed them and went up to the third story and heard them follow. It was dark, the building was deserted. I realized that I had been decoyed.

"I immediately concluded that it was a case of hold-up. I had about $40 with me. I hastened to unlock the door, but the men were too quick. I demanded their business. They pushed themselves in and told me to sit down. Then a conversation ensued. The two men were those now known as Herold, the detective, and Joseph F. Brown, who swore to the information. 'We have a warrant for your arrest, doctor,' said Herold. 'What do you mean?' asked I. 'Well, we are going to arrest you. You can prevent it by telling us what you know about Yesler's will and where it is.' 'I know nothing about any will. What is your game, anyway?'

"The conversation was continued for some time in the same strain, and I finally told them I wanted no conversation with them, and if they had a warrant to go ahead. One of them produced a pair of bright steel handcuffs and told me I had better confess or it would go hard with me. I demanded the warrant, and just then Constable Van Horn walked in, read the warrant, and I said I was ready. We took a hack and drove to the county jail, and you know the rest.

"I repeat that I know nothing whatever about the will. It is a conspiracy, not for the purpose of producing any will, but for the purpose of influencing the selection of an administrator."

Mrs. Yesler positively refused to be seen. W. H. White, of White & Munday, her attorney, said she refused to be seen at his direction, but continued: "We have nothing to be afraid of, however. I have demanded an immediate hearing for Mrs. Yesler, that is, at 2 o'clock on Friday. We shall be prepared to answer our accusers in court. Until then I have nothing to say."

Jacob Furth, special administrator of the estate of Henry L. Yesler, filed a petition in the superior court asking leave to pay off claims amounting to about $12,000, which have been incurred by work done on the Pioneer and Yesler buildings, and for the necessary running expenses of them.