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 MAxsI4AUGHTER-
Two Jsryn<n Hold 0af for Arqafs-
tai, bat Finally Yfeld-The Con-
vscsed Maa Brouxhs TO the King
Coansy Jali-story of the Hoai-
eide a. Told fn Court

AT O'Clock yesterday morning. the jury
IN the Toms murder case. az Sidney.
DEo1gaS IN q verdict OF granddaughter.
TIE jury retired last night at 80 o'clock.
aEo arrived az an agreement a. u g tnss
morning The penalty Is from ons 10
twenty years imprisonment.
On the flrss ballot FIVE stood for convtc-
ton OF murder in the second degree. three
for n7nslsughter and four for acaultfal-
Ins sccond ballot stood SIX for man
slaughter, two for n4arGer ga the second
degree and four for scQutrtal. On the
third ballot there were ten for mansl2ugh-
ter and two for scqusttal.
Twelve ballots were taken without
changing this result. Finally the two who
had held out 50 long for scquittal agreed
70 the verdict Of mansianghter.
Toms went on the stand Ia his own be-
half yesterday. Ills narrative OF the kill
Ing summarized Is as follows: He and the
carpeater had always been good friends
unt4 few days prior TO the tragedy A
few days before the killing ne ard the de-
ceased had had words concerning some
sailors who had been discharged. and who
had boarded the ship for the purpose OK
causing trouble for the second mate
Frank Parsons. Toms took the side OF
the second mate. while Jansen upheld
the discharged sailors in the controversy.
Jansen had said 10 him CTonns):
II don't want to have any trouble with
You, but II you are going to mix up in
this row, I am
The witness further testified that on the
night OF July 81 Jansen came 10 the cock 5
galley. where witness was cleaning up. He
asked him TO go up 20 the hotel at Port
Gamble with him. Toms replied ths, he
was busy then. but would be Up later in
the evening.
Jansen went away and later Toms went
90 the hotel as be had agreed where he
found Jansen and Parsons drinking in the
bar room. They Joined In several rounds
OF drinks. Later IN the evenlnG he con-
versed with man whom he did not know.
This man had called him a vile name in
Italian. Toms said that he resented the
language used by the stranger. and that
IN row which followed between them,
Jansen separated them ard threw him
(Touns) heavily TO the floor.
Although the witness did not say so,
II was clear that this was the beginning
OF the trouble between him and Jensen.
resulting IN the iatter's death the next
morning.
On their return 10 the ship In the early
hours OF the morning. the quarrel be-
tween them was renewed 1t was then
O'Clock. Toms went into the galley
ard cut off some bread 10 eat. his liba-
tons having given him an appetite. As
he wao thus engaged. Jensen entered the
galley and abused him, tipping over a
cup OF coffee he had poured out. Toms
ordered the carpenter out Of the galley.
and he went into his own room adjoiR-
Ing. Presently he returned. this time
armed with an ak. 50 Toms swore. The
cook. holding the knife IN his hand or
dered the carpenter 20 get out. To en-
force obedience 20 the order, Toms adj
mltted that he placed the point OF tae
knife on Jensen's breast. As he did 50
the carpenter stumbled and fell heavily
against the knife. Then he turned.
walked out ard laid hts ak inside his
own door. An instant later Jensen came
again TO the door and. opening his coat.
showed the blood streaming from cash
IN his side
You have cut me-See what you have
done"
These were tia carpenters last words.
and then he fell backward on the deck.
dead.
on crass-examination. Toms told the
story over again IN detail not varying
At all from the former recital
The state put on several witnesses. who
testified 20 what Toms had said after
the tragedy showing that he had told
Conflicting tales Fraax Wildcrwaa, of
Port Gamble. was one Of the states wit
nesses who was put on 10 shatter Toms
testimony bat his story Of what Toms
rad told him correspondent with the &C
cNeed mans narrative or the killing.
James Breen testified for the state that
Toms had told him that he held the
knife in both hands when the fatal
thrust was delivered
After the arguments by counsel in che
afternoon. Judge Reid charged the jury
az length reviewing the evidence. After
the Jury hac been Qua an hour he re
called them 20 charge them on q point
which Re had overlooked
After the announcement q the verdict
the usual molten FOR new trial was
made bv the defense. 1t viii be argued
before Judge Reid az Snchomish Monday
next.
Terms wns brought 70 TIE county sau
ir Seattle for safe keeping de appeared
pleased With the verdict.