The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-03-23
HOLMES MUST HANG.
Franklin Murderer Convicted
in the First Degree.
TIE INSANITY PLEA FAILS.
Aasy Witnesses Testify That Holmss
aas Hiss. bss EviAeses Of Pre-
nedttstiou Wins.

defer, must die by the Moose OF the hang
man This fase almost surely vail Be his,
for he vas last night convicted Of the de-
iinerass murder Of his roommate; Will
lam Russell. colored, ~ Franklin January
3. and be has not cens 70 carry his case
TO the supreme court II il PROBABLE that
he wili not get new trial.
His case went to the Jury st AS O'Clock
Yesterday afternoon. After an hour, the
jury not agreeing, the Judge ordered court
adjourned 10 9 o'ciock, and 1T that hour
they bad not agreed. The Judge and Mr..
Winstock and few others waited three
quarters OF an hour. Suddenly there was
loud double rap on the door. The Jury
men, looking solemn and nervous, took
seats in the box. The soiemnity seemed
10 core from them and I'LL the room as the
fifteen minutes in which the prisoner and
attaches OF the court were being waited
for slipped by. Just at i've minutes after
O'Clock the foreman handed up the ver-
dict. The stocky little mnle-driver stiff
ened In his chair and smiled, but
his breast heaved and his
lips twitched. When the fatal lin the
first degree came TO his ears not muscle
OF his face moved. His nerve Was phe-
nomenai. His attorney. TO whom the
blow Was almost n severe. spoke to him
few words Of pity. then he VAS taken TO
his coll, brave smile on his lipA As soon
- he was in his cell he began sobbsng
softly. apparently Just having realized his
misfortune. Mr.. Winstock gave notice of
. motion for new trlai and excepted to
the jury not having been polled. and the
trial had ended. II was thought by all,
after the jury he'd taken the first ballot,
that IL would b q verdict of murder in the
second degree. Holmes was the most I'M
concerned person in the room yesterday.
and was smiling constantly at tho specta-
tors. This may have been why he was
not placed On the witness stand for himself
The state had rested on the evening be-
fore and when court opened yesterday
Mr.. Winstock opened the defense by say
ing that he would prove that Holmes had
gone TO get the gun to give it back and
was approaching Russell to give it to him
when the latter. who wss blind with rage,
made rush tor him and was shot in self.
defense. He also said that he would
prove that from drink and epilepsy from
blow on the head received In . fight
year before the shooting Holmes was not
a. discreet - he might have been. Then
Fred Jenkins, . cotored man, Was the
first witness for Holmes. He testified
that Russell had been drink king very hard
and quarreling with Holmes in the saloon
over the stolen pistol Finally, the latter
went out. saying under his breath as he
started down the street, I'm 60 and get
him his gun" When Holmes was coming
back and was near Russell, Russell made
. rush q him with an oath. Holmes
raised the gun. which he was carrying care
lessly in his left hand. and fired wildly at
about thirty feet distance. jenkins was
not sure whether Holmes meant to hit
Russell that SHOT. The second shot, how.
ever. WAS tired when Russell uas close
enough to touch Holmes and was grabbing
at the gun, having run down towards
Holmes In spite of the eonstabie's efforts
to prevent him. The long cross.examina-
tion only showed that Holmes WAS not the
agsressor In tho quarrel leading to the
shooting and had good reputation.
David Mason, one of the states wit
nesses on the day before, was called. He
knew Holmes in Pennsylvania in 1855, and
knew that he used to have its then when
drinking and had to be tied down by his
parents. Cross-examined, he said that
most all drunken men had fits at times.
Silas Archer. another one of the states
witnesses, who took the stone away from
Holmes. also knew Holmes in Pennsyl-
vania eight years ago and that he had fits.
He was dangerous then and chased his
parents and friends with butcher knives.
with "sprag," and once took q shot at
his own father. Archer's testimony was
partly hearsay. and the parricidal part
was stricken out.
Louis Lpsky. . muiatto boy. saw
Holmes give the gun to Evan Johns, the
white boy.
John Taylor, the dudish Young colored
miner who testified the day before, had
seen Holmes have two fits on this coast In
the last three years. W. A. Burleish. the
Oregon improvement Company's store
keeper at Franklin. testified that Holmes
was peaceable and Russell was inclined to
be anarrelsome. Misnie Freeman. the
supposed sweetheart of Holmes. testified
that once at her house in Wellington and
again st Franklin, two weeks before the
Killing. Holmes had tits. She also knew
that IN British Columbia Holmes had been
struck a blow on the head in fight She
was not eueried as TO her relations with
Holmes. Robert Hayden, a white boy,
said that Holmes had an "A /" reputa.
tlon. T. J. Jones, white boy, said that
Holmes shot first when Russcli's back was
turned. lie did not move out of his
tracks before firing again did not attempt
10 retreat
AT this point Robert Jefferson was
called. bnt failed 10 appear. and the court
took a recess 90 allow him TO be found.
Wnen court convened again Mr.. Corson.
rose and said;
Your honor. the defendant has JUS,
learned that Jefferson is ia jail.
In jsii! WHAT is the matter With
him ."
Has locked up, he's done something"
s-0h ="
Mr.. W'instock next told the court ,hs,
DIR. MUS Smith, as we'll a. Jefferson. was
snsent, though subpUnaed The Judge
wanted to send bench warrant. bat Mr..
winssoek said Dr. Smith vas a busy
physician. The Judge sen, the Jury on.
for walk while a haisif. went down to the
city iai! TO get Jefferson and islsphoned
for DR.. Smith.
The Jury came in like young ladies
seminary out fer a walk and Jefferson took
the stand. He SAID that about . year ago
he had a row with Holmes in British Co
iumeia and struck him on the head with
beer bottle. xnoo king him down. This
testimony WAS stricken cut by the court
Nr. kaigs Smith. chief surgeon Tor the
Oregon improvement Comp Any, told the
iary q hat epl!epsic Its were ike Hesa.a
that itey we're often caused by alcoho!ic
stlmalanis and preaispos-d the sufferer Il,
insanity. He said. however, ercs-sxaus-
taea thas ssyne VERY erigh. man % s,n,sCx