The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-01-15
In JUSTICES SCALES.
Trial of James Evans for the
Murder of His Wife.
TEMPORARY INSANITY HIS PLEA.
Strong Evidence That the Deed Was
Premeditsted-Jury Still Out
Suit for False Arrest.

James O. Evans, the colored Newcastle miner
who shot and killed his vile at Franklin on
December 2. 1891. was tried yesterday in Judge
Humes' department OF the superior court The
jury retired shortly before IL o'clock and up to
the hour of going to press no verdict had been
agreed upon.
The trial lasted ell day and excited great in
terest The testimony was all in at o'clock in
the afternoon and the arguments of counsel oc-
cupied the time up to II o'clock last night.
George NJ. Horton, coroner, and Dr. ]. ].
Smith testified to having held an autopsy. One
bullet passed through the right lung and
through one or two arteries, which would of
itself prove fatal. There was also another
wound about one and half inches back of the
left ear. This wound was probed and it was
found that the bullet lodged in the brain, and
this, too, would have caused death. The
primary cause of death was the wounds, and
the secondary cause hemorrhage.
Henry Watson, colored, the constable at
Franklin, testified that he met Evans in Seattle
on the day of the shooting. They drank some
together in the saloons during the
day and took the $50 O'Clock
train that evening for Franklin. The
defendant provided himself with pint flask of
whisky and blackberry brandy, two-thirds of
which was drunk on the way up to Franklin.
During the day Watson consented to go with
Evans up TO where his wife was, upon the arri-
val of the train in Franklin. They arrived at
Franklin between and o'clock. Evans was
in hurry to go up to see his wife, and proposed
that to hurry up matters he would pay for Wat
son supper, instead of the latter going up to
his house. The witness accepted, and the two
ate supper at the restaurant From there they
went up To the house occupied by Thomas jack
son, also colored, in the south part of the camp.
Arriving there they went to the west door of
the house, and on the outside of the door were
Mrs. Evans, her little girl, years old, Thomas
II
the witness and Evans came up, Evans said
'.Good evening, ladies and gentlemen"
Jackson and Was hington returned the saluta-
ton and Evans then said to Mrs. Evans:
"Chris. want TO speak to you
Mrs. Evans replied al haven't got time;
am going to rehearsal"
When these words were spoken Evans was
about three feet from the woman. Evans i'm
mediately fred shot at his wife, which took
effect in her right side, with 4i-ealiber re-
volver. Upon the discharge of the pistol jack
son started to run, and soon got where a wood
shed was between him and Evans. Evans ran
few steps to the north, where the woodshed
did not obstruct his aim, and fired a shot at
Jackson, who was fleeing in great haste.
Evans then turned around and stepped up
within two feet of the PROSTATE form of his
wife and fired q second shot, which took effect
about an inch and half back of Mrs. Evans
left ear. He then started to run and the witness
had also taken to his heels by this time. Before
he had gone far Watson fell into hole sixteen
feet deep, where he lost his revolver.
Watson further testified that Evans had
asked him to look up testimony with a view of
prosecuting Jackson and Mrs. Evans for adult
cry. He also advised Evans not to have any
personal encounter with either one of them.
Thomas Jackson testified to the same effect as
Watson up to the firing of the first shot, when
he ran away. He also said that the second shot
WI rod of i'm h 10 ha inn Exvan
had visited his house about two weeks before
the shooting, at which time he held inter-
view with his wife, and Evans also told the
witness that he was coming back about the LIST
OF the month and If he found his wife living at
Jacksons "there would be trouble"
Henry Washington gave substantially the
same description OF the shooting Watson.
After the second shot was fred, and while Mrs.
Evans was lying upon the ground, he took the
little girl to q neighbours and he knew nothing
more about the matter.
Z. A. Wells was at that time justice OF the
peace He testified that Immediately after the
shooting Evans came to his Office ana delivered
to him the revolver that he had used telling
him at the same time that he had shot Mrs.
Evans and chad shot at a man." that he knew
he had hit Mrs. Evans, but did not know If he
had hit tho man or not. He said that he
wanted protection; that he was fearful that
mob would hang him; that If he had to die for
law. Evans also said that IL he hadn't killed
his wife 1t wasn't his fault, and that he hoped
he had killed her. He seemed very anxious to
know II his wife was dead.
w. II. Bush, storekeeper for the Oregon I'M
provement Company, testified that he had a
conversation with Evans about twenty minutes
after the conversation between Wells and Evans
in which Evans told him substantially the same
he told Wells Evans was considerably ex-
cited from fear that he might be mobbed
Frances HUFF, a colored woman, testified that
she was present at Jacksons house two weeks
before the shooting at a meeting between Evans
and his wife. She said that Evans was told by
his wife that she chad no talk for him." that
she was going to get divorce from him, and
that the judge in Seattle had told her she must
not talk with him or take anything from him.
At that meeting there were also some others
present, and Evans hourished revolver
around, which frightened all the women out of
the house. The witness also said that Mrs
Evans reminded Evans of statement he had
made in British Columbia that. If he ever got
Mrs. Evans across the line, he would kill her,
and that Evans admitted to her that he had
made that statement She said that at that
meeting Mrs. Evans had a revolver under her
apron aud expressed a desire to entertain Evans
with il If he was hunting for game.
Squire HUFF, another coIored miner testified
that he was also present at the Jackson resi-
Ks
Jackson, Mr. and Mrs Evans aud some others
were there that Evans told jackson he was
coming back the first of the month, and IL he
found Mrs. Evans there there would be trouble
Joseph Nelson, another colored miner testified
that Evans requested him TO go and try to get
Mrs. Evans to leave Jackson's house. and to tell
her that If she would leave there and go to any
other family in Franklin, he would pay her
board; that in a conversation witness had with
Evans the latter tried to borrow some cartridges
for bis revolver, which the witness was unable
to supply. The witness did go and see Mrs
Evans concerning the matter, but accomp lished
nothing.
Six witnesses besides the defendant were
called by the defense, an attempt being made to
prove that Evans was temporarily insane when
he did the shooting.
C. C. Todd testified that Evans came to him
and wanted him to go and stop Mrs Evans from
living in adultery with Jackson
Dick johnson, a colored miner swore that he
went up 10 Jaekson's house with Evans two
weeks before the killing. and he eorroborated
Frances Huffs statement az to Mrs Evans going
and getting pistol when Evans was there lie
contrsdicted her statement that Evans flourished
revolver at that time. And also eontrsdictad
her statement that she left Evans at the house