The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-09-10
HIS NECK Is SAVED.
TOMS TRIAL RESULTS IN A YER
DICT OF NASsLAUGHTER-
Two Jurym<n Hold Ont far Arqaft-
tai. bat Finally Yieid-The Con-
Ceunty JsiI-story Of the Hoai-
eide as Told In Court

AZ O'Clock yesterday morning. the fury
IA the Toms murder case. al sidney,
Dsoasat ia yessalct Of maEsl2lg atsr.
me jury retired last night az 10 o'clock.
aA1 arrived at an agreement a. - - this
morning The penalty Is from one TO
twenty years imprisonment.
On tbs lFsa ballot five stood for convie-
tlon Of murder ia the second degree, three
iOr naanSlang hier and four for acqulGtal.
ins sceond bal&syt stood six for man
slaughter. two Tor murder IN the second
cegFee and four for acaGifta1. On the
third ballot there were ten for manslaugh-
ter and two for acqcittaL
THelve ballots we're taken without
Changing this result Finally the tao who
had he'd out 80 long toF scquitsal agreed
20 the verdict OF rnanslaughter.
Toms went On the stand sa his own be-
nAH yesterday His narrative OF the kill
lng summarized Is as follows. he and the
carpenter had always been good friends
untA few days prior 10 The tragedy A
Few days before the killing he and the de-
ceased had had wcrJs concerning some
sailors who had been discharged. and who
had boarded the ship for the purpose OF
causing trouble for the second mate,
Frank Parsons Toms took the side Of
the second mate. while Jansen upheld
the discharged sailors Ia the controversy
Jansen had said TO him (Tonns}:
you. but II 200 are going TO nix UP in
this row, I am
The witness further testified that on the
night or July 81 Jansen came 10 the cooks
galley. where witness was cleaning up. He
asked him 10 go up 70 the hotel az Port
Gamble with him. Toms replied that no
was busy then. but would be up later in
the evening.
Jansen went away. and later Toms vent
20 the hotel as he had agreed where he
found Jansen and Parsons drinking In the
bar room- They Joined In several rounds
az drinks. Later IN the evening ne con-
versed with a man whom he did not know
This man had called him a vile naGae IN
italian. Toms said that he resented the
language used by the stranger. and that
IN a row which followed between them.
Jansen separated them and threw him
tTonns) heavily to the fioor.
Although the witness did not say SO.
II was clear that this was the beginning
OF the trouble between him and Jensen.
resulting n the latter's death the next
morning.
on their return to the ship in the early
hours OF the morning. the quarrel be-
tween them was renewed. II was then
O'Clock. Toms went into the galley
ard cut of some bread 70 eat his liba-
tons having given him an appetite. AS
he was thus engaged. Jensen entered the
galley and abused him. tipping over a
cup Of coffee he had poured ont. Toms
ordered the carpenter out OF the galley.
and he went into his own room adjoin-
Ing. Presently he returned. this time
armed with an ax. 50 Toms swore The
cook. hol6ing the knife in his hand or
dered the carpenter 20 get ont. To en-
fgfce obedience 10 the order. Toms adj
mitted that he placed the point OF the
knife on Jensen's breast As he did 50
the carpenter stumbled and feli heavily
against tho knife Then he turned.
walked out sad laid his AK Inside bis
ovn door. An instant later Jensen cana
again to the door, and. opening hts coat.
showed the blood streaming from a cash
In his side.
You have cut me-sec what you have
done"
These we're The carpenters last words.
and then ne fell backward on the deck.
dead.
on examination. Toms told the
story over again IN detail not varying
st all from the former recital
The state pat on several witnesses. who
testified 20 what Toms had said after
the tragedy showing that he had told
Conflicting tales. FRANK Wilderwnn ~
Port Gamble was one % the states wit
nefses who was put er 20 shatter Toms
teFilmouv hut his stcry u what Toms
Rad told him correspondent with the &C
cursed mans narrative Of the killing.
James Breen testified for the state that
Torns had told him that he held the
knife In both bands when the fatal
thrust was delivered
After the arguments by counsel IT, the
afternoon Judge Reid charged the }u-v
AT length reviewing the evidence After
the Jury hat been out an hour he re-
called ,hso 20 charge them On a point
Wtlch 10 had overlooked
After the announcement II the verdict
ihs usual rotten for neW trial was
made hy the defense. Il viii Re argued
h Fore Judge Reid at Snchomlsh Monday
next
Toms was brought - the county fail
g. ssaftie fsr safs keer'uE. he appeared
rseessf vsltN fhe verdict