The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-03-20
lNToxIcATION HIS EXCUSE
THEY WERE TO HAVE MARRIED

But Since he Was Found in Her Room
Under Suspicious Circum
stances, Her Feelings Have
Changed.
Washington, March 1S.-(SpeciaD--
The case against BENZ. MilIiken, charg-
ed with breaking into the house of Hon.
S. L. Phillips with intent to commit
felony, is on trial in the Criminal court.
The North Carolinians take deep inter
est in the case because Judge Phillips
and his daughter are natives of the
State, and are widely connected. Milf
ken is about 35 years of age, slightly
bald, with reddish moustache lie is
very much of dude in his costume,
and appeared in court immediately
dressed in a long coat of dark blue
with trousers to match. Ills naturally
forid complexion took on even a deep
er hue of the rose as he plead mot
guilty
WHAT THE PROSECUTION PROVE.
District Attorney Birney made his
Introductory statement as to what the
government proposed to show, which
was primarily that Milliken had en-
tered Judge Phillips house on the
night in question, forcibly, and with
the purpose to commit assault. lie
said that the prisoner called at the
house early in the evening, and asking
for Miss Gertrude, that young lady
excused herself. After the girls had
retired. and along about midnight,
Judge Phillips was reused by the
screams of his daughters, and upon i'm
yestigation discovered a man in the
closet between the rooms of the two
Young ladies'. Later the man managed
TO get out over the transom into one
of the rooms, and Judge Phillips and
Mr.. Fred McKenney, his law partner,
found the defendant on the roof in the
rear of the residence.
INTOxICATI0N HIS EXCUSE.
Judge Goode took up the question of
the defense. He prefaced his remarks
by the statement that there was not
the slightest intention of rejecting on
the character of Judge Phillips young
er daughter. Moreover. if his client
were indicated, Miss Gertrude Phillips
would be also. He said that the rela-'
tions between the two had grown from
mountaineering until 1t had reached
the point where Milliken intended to
offer Miss Phillips marriage. IntoXica-
ton. Judge Goode said, was the main
trouble here. Milliken, on the day tn
question. probably because of the fact
Of having at that time had difference
with Miss Gertrude, took too much to
drink. He met some friends down town
in the afternoon, and while with them
drank whiskey punches 10 the number
Of six. 1t was hardly necessary to say
what the result was. Besides, his client
after he went home, drank some whis-
key that he had in bottle in his room.
It was while in an intoxicated condi-
ton that he went to call on Miss Phil
lips that evening. Failing to see her,
he made his way to lounge, and fell
asleep on it. Awa1<ing after midnight,
he believed himself in his own house,
and went to what he thought was his
room He discovered too late, on see
ing Judge Phillips, where he was. My
client" concluded Judge Goode, was
not in condition to commit the otfense
here charged"
JUDGE PHILLIPS TESTIMONY.
The first witness called for the gov
eminent was Judge Phillips himself
He detailed the various events that oc-
CURED in his household on the evening
of July 4th last previous to the time
when the family separated for the
night He lived at 1917 Rhode Island
avenue.
He retired TO bed at about 1915
O'Clock. Shortly after that he was
awakened by the screams of his daugh-
| tiers upstairs. His daughters occupied
| separate rooms on the third floor, with
small passageway and a closet be-
tween them. They told him excitedly
that there was man up there. Ger
trude was in commissions. He tried to
calm their fears, but they insisted that
they were not mistaken. After awhile
his attention was called to the closet
between the rooms, and when he
grasped the knob some one tried to
turn it from the inside He held ii
firmly, but few minutes after he saw
the figure of man pass between him
and the gas in the rear room, showing
that he had made his escape through
the transom into the chamber. The
man jumped through an open window
onto a roof in the rear of the house.
The ladies shrieked for help, and q few
minutes later Mr.. Mckinney, accom-
panied by special policeman, entered
the house. They put the man, Milli-
ken, under arrest, and took him away.
The parlor, said Judge Phillips, is on
the right as one enters the house. He
did not GO into the parlor that evening
himself. Asked as to where the ladies
were while he was standing at the
door of the closet, Judge Phillips said
that his wife and daughters ran down
stairs to the second story.
Cross-eyamined, Judge Phillips said
that he was awakened shortly after
midnight for when he entered his
daughters room a clock on the mantel
pointed to 1915. He remembered that
fact particularly.
Judge Phillips said that he had known
the defendant for about two and half
years, and Milliken's department about
the house was always that of gentle