The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-06-29
GUILTY OF MURDER.
frank Minsch Convicted in the
Second Degree.
sor MOVED BY THE VERDICT.
re Penalty From Ten 30 Twenty
v.ar.-ro Move for . New Trial
Yesterdays Proceedings

f-ofher Edward a Min6cn, Saturday.
nav 2s last. The jury was out just one
haar. 10 which they took four ballots.
rse frst two ballots were 70 decide the
caestson OF guilty or innocent. and both
sers returned guilty" The third ballot.
4 determine the degree of the crime. re-
sulted in four for murder in the first de-
rrse. six for murder ia the second degree.
sad two for granddaughter. The fourth
se,,ot found the twelve men unanimous
"A murder in the second degree.
The penalty for this is not less than ten
and not more than twenty years In the
p<ni1ntiary.
The prisoner, Frank H. Minsch. re-
e<ive1 the verdict in the sane stolid man
rer that had characterized his demea7or
throughout the trial. He sat stopped over
N his chair, slowly working his jaws
chewing. and when the verdict Was read
III gissless face never changed or showed
sng feeling or emotion whatever.
His attorneys at once gave notice OF ex-
espsions 70 the judges charge, with view
% moving for new trial.
Rapid progress was made In taking tes-
fmopy yesterday and by 2:45 In the after
noon the evidence was ali in and argu-
renfs commenced. The defense had q
1amber Of strong witnesses whose state
nents would tend 10 weaken the plea OF
murder in the first degree and materially
strenzthen the claim of self-defense.
According to the testimony o. the defense
hath brothers were angry, both were
excited and both pulled guns one on
the other. The interest OF the day cen
tered in the evidence given by the prisoner
himself. who in his Flooding way told a
fairly good story of the occurrences from
his personal standpoint. nor did the cross
examination succeed in breaking him
down. His evidence in substance was as
follows:
.My brother called me out of the United
States court room and told me | ought to
be ashamed Of myself, above all others,
10 be asleep in court: he said be wanted
me 10 70 with him, that he would take me
10 the hotel where he wanted me to stay
until no sent for me 1t was month;
then we walked on down the street, L was
little in the rear, Ed all the time urging
me to come on, that he had no time TO
monkey with me, that he had other busi-
ness to attend to. told him to go on
6HA at4ttsA W III tn8b tQ0k1 kV ~ WV
hotel alone and stay there. Ed insisted
that he would take me there himself
and wanted me to stay there, and IL he
saw me out Of the hotel he would smash
my brains out. This was on the way down
from the Colmap block. l then again urged
him TO let me alone. that could go home
alone. He said; by -. have BUSH
nsss right here He then pulled his gun
eat Of his pocket and came towards me.
Stepped back. pulled my gun and fired.
He fell fat. kind on his side. and l could
~ the blood run down on his forehead
ntthe gun was lying by his shoulder. I
skied down the sidewalk a few steps,
hred back and stood on the sidewalk
liking at him. Some man grabbed hold
Nne. said: 'You need not handle me
roagb. did the shooting. It'smy brother.
did the shooting. am not going TO try
and get away i said: Il am sorry for
shat done. but had to do it,
Minsch denied making the statements
sworn to by Chief OF Police Rogers and the
srrss,Ing officer, Hamilton, to the effect
that he shot his brother because he wanted
him 10 20 TO his room.
On the cross-examination Minsch denied
making his home with his brother; said
that he worked tor him, drove q team for
him. and slept In the barn with the rest Of
the men, lie denied ever having had any
special difficulties with his brother: he adj
mit'ed that Ed used 10 get out of patience
with him and get cross, especially IL Ed
had been drinking; also admitted drink
ing himself, az which times Ed would
seosd him; that they got along all right
when both were sober; Ed. he said. seemed
alWays 10 pick on him before any, Of the
rest He denied that his brother had ever
taken him home drunk from q saloon in
Tacoma The question of the feeling ex-
listing between the brothers brought up q
legal hght between the counsel as TO the
aamssiniity Of the testimony. The Judge
allowed the question of relationship 20 be
gone into. but Minseh denied ever having
any trouble with his brother or of ever
pulling knife on his brother. HE licked
ne many times, said the prisoner. but /
never pulled knife on him"
The other testimony for the defense
which preceded that given by Minsch was
In substance rs follows:
+. {. Stevens saw them on the corner OF
TIE stree. west side of Front. near Cherry,
eeing south; didn't know who they were
utas time. Heard the man with the
waite hat. Ed, talk pretty loud 10 Frank;
beard I'd say TO Frank. You - -,
III kal you" They passed on down 10
James street He was eight TO ten feet
fen them, Frank on the inside. or next
= she building. Ed kept crowding him as
ne was going to punch him. and I'd car
FED hia Fight hand bx his side
!. u. Warner, an attorney, happened to
COX a the two men Just before the shot
sas Erred and sAw both men with revolyers
= their hands. pointed at one another.
sas then the shot was fired.
=. Acnaniels and G. l.. Burns were
ssa1ed on truck 80 the cor ner Of James
@est, about five feet from the shooting.
.AeS saw Frank pull out his gun and
.ass u az and down toward Ed several
sss and Ere; did not see Ed until about
Tine The shot was hrei.
= Meyers. an attorney. was at his vim
~. beard the shot. looked cut and saw
- aead man on the ground and 9 re-
Nsss roll OF bis left shoulder.
= IL BaFkmsn, hotel keeper OF Eiens-
a vas st the corner of the Puget
'~aa eAaS Building and heard Frank
Let me so home" Ed said "No,
- axe you down 10 the hotel" Frank
Ae would 30 without him. Ed told
ga 70 shut up that he'd had enough OF
= has tone Of voice Was more angry
aa Franks Frank told him 20 hush
- Aaa not make a scene there Ed then
aifn 70 come on. and took hold Of bis
-ea'ass and said: 60 on or I'll shoot
car OF you" That was just as they
$50 Crossing Cherry street Ed was
A'hg most Of the time with his hand
= As revolver, bat he did not see him