The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-02-06
NILCOX Is ON TRIAL.
rearing Of the Fetting Murder
Case Begun.
paY SPENT DRAWING a JURY.
- De Peatt Gets oi.sOo Damages
Grand Jury Drawn-Rarfs Seat
Up for . resr--Biosssr.

.,;.I for his life in Judge Humes' court.
sAsrred with the brutal murder Of Mrs.
rSsrIcsss Fetsing, 81 years old, In her lit
a. csbin In South Seattle on the night Of
ese<emb<y T. fss3.
me trial will probably continHe nearly
II seek, for jury was not obtained yes
turdsy. even. All OF the witnesses for the
.eoeecusion, by whose testimony II the
rulininary examination such an appar.
s.tIr strong chain Of circumssantiai evil
lesee against Wilcox was linked together.
/ s, present, and all of the witnesses for
T. defense, who will corroborats Wilcox
q mis- story and reveal his defense, which
vss not made in the justice court. are ON
kand or within easy reach. Il il upon the
testimony of his own witnesses that VIII
eor mnss rely 10 cave his neck, for the
prpseeasing officers and detectives think
heir case sgainst him very strong, though
he evidence Is entirely circumstantial.
Wilcox Is confident Of his own scauittai.
snd during the long and wearisome exam
nation Of jurors yesterday he sat perfectly
Il ease, although stared at by scores of the
murdered womsn's shantytown friends
and neighbors. and attracted much atsen-
fion BY bis composure. When court adj
burned yesterday evening there were
tsslye men in the jury box and Ii was the
states peremptory challenge. The de-
Ssass has used all bat three of its twelve
p<fsmptory challeges and the state ali but
one Of It's six. no it Is probable that the
majority OF the twelve men wilt BE- on the
Jury TO try the case. Tho state IL repre.
ssnssd by Prosecuting Attorney Miller and
bic deputy, Daniel w. Bass, and Wilcox il
deftnded by Conner d Archer. of Tacoma,
III. co:ner having the reputation Of being
The best criminal lawyer in Tacoma.
Wilcox was on hand for his share of the
brsskfast at the jail yesterday morning
ssd was as merry as usual over IL, joking
and laughing with his felIow-prisoners.
Soon after the meal was over his attorneys
cane and were in consultation with him
In his cell. when. ct clock, BaiIifr Cook
son came down to take him up to the court
room. On the way up the stairs he scolded
In good humorsd manner because his
Tacoma friends had sent him a pair of
trousers which did not fit him to wear
during the trial. When the baiiiff and his
prisoner entered the front door of the
court room only about seventy-fiye per-
sons were scattered around among the
benches. most Of them being friends and
neighbors of the murdered woman. They
craned their necks to see Wilcox. but soon
satisfied their curiosity and settled back
10 their seats
Wilcox and his attorneys took seats at
the defendants table and Wilcox began
psrvously TO pull at his blond mustache.
Hena rather tall. sinewy man, smooth
shayen except small mustache. He has
Eetresting forehead. made more noticea-
bic BY bis hair being closely cropped. His
eyes are blue and deep set. His nose is
Insignificant and his chin large and aggres-
ave. Altogether he did not present the
sppearanee of murderer. his countenance
king rather open than otherwise. He
sss dressed in . brownish-red coat and
vest and blush trousers and wore a white
shirt with turnsd-down collar and blue
nade-up tie.
In few minutes after Wilcox came In
the room began to fill up with curious
spectaiors and the prosecuting attorney
and his clerk and assistants arrived. Court
vas called to order and the case Of the
State VS.. Wilcox was called for trial. Both
sides signifed their willingness to 60 to
trial and the prosecuting attorney made
the opening statement to the jury. He
red the information charging that the
old woman had been choked to death by
Wilcox. and gave n short statement OF the
facts upon which 1t was based without UNI
necessary detail. Attorney Conner spoke
bat moment and told the jury only that
oil Of the STATES allegations were denied.
II -
gun. BY noon only slight progress had
been made and enough peremptory chal-
lsnges still remained to change the whole
jury if used
After lunch hour, during which but few
Of the spectators left the halls OF the
courthouse. although they were COM
ei!ed 10 quit the room, the examination
vas resumed again. Ii was evident now
HAT jury would be hard to get. for al
shengh no particularly searching and
peculiar questions were asked of the
Jurors. they were rapidly thinned out.
The attorneys for the defense tried. of
course. TO ferret out prejudice against
Weir client, and the prosecution prejudice
against capital punishment. but the only
incident of interest was the excusing by
The state of Juror Frank Bird. who was of
the opinion that capital punishment was
aiaiiare because they never were hung
anyway"
Al s;S o'clock the last juror available
"a Judge Humes' or Judge osborn's court
had been called. and when Juror Ball was
sked 70 step aside, there was an iLterrup-
uon o. the routine. Judge Humes sent
haisin Woolery 10 ask Judge Osborn how
soag II would be before the jurors trying
Tue De Peatt breach of promise suit would
% at liberty. The answer was about en-
hour. Judge Humes then sent the eleven
lasors ia the box 70 their room aud or
eseed recess until the jurors in Judge
oseoEn's court could come. IL was
nearly 40 o'clock when the damage
Ease vas over, and then Samuel
'AFensagh, one of its late jurors.
vas called into the box. After few qucs-
'sens he was passed and another man
called.
Al this point Mr.. Miller asked permits
s'ea Of the court TO indorse upon the In
'of;nallon four additional witnesses for the
ssa,e W. A. Wagner. Thomas Devereux,
U. X, Noble snd J. NJ. Wolfe. The per-
mission Vas given. with an objection from
"aeoxs attorneys. The examination Of
.afoss vas then recommended and con-
aaasd until 5;dl o'clock. when Judge
saaiaes. seeing no prospect of getting the
pSael Tiled, adjourned court 10 this morn
sas az $50 o'clock. the state having one
soa TIE defendant three peremptory ehsl-
sehses ana the defendant. the choice of
,saaing tue matter by waving the ehai-
.sege. The following twelve men were in
tie boz.
n, l. l. Scott. William Volt, r. III. Renick.
W :. sa}lss, J. r. Paul, 4. 4. Alien, Ed
NAru Htchr.nr4 Il HIM.