The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-23


1n9 e Polios Officer Wells dragged along
sssW1y IN Judge Jacobs court yesterday.
81 witnesses we're called for the state,
who told to the Jury the story Of the kill
1ns Aown to the capture Of the man now
- trial for his life. bat the proceedings
W9o continus.ly interrupted BY arguments
beewssn shs lawyers On the adns4ssoiisy
- She evidence offered. AZ result the
Oeooooutton II stiil far from the end OF iis
oaG9
II most important feature Of the trial
Waa the refusal OF Judge Jacobs 80 allow
the 1tats 10 show By is witnesses how
RhflhpA. after shooting Wells. resisted ar
ret ana fired shots al several unnnsfoFmed
o(kIoefs who attempted to halt him. The
court holds that these acts constitute no
part Of the ofress<e for which Phillips 10 be-
IN tried Tae prosecution claims that they
oA0w malice on Phillips part ID all man
Kind at tho time OF the shoeting and would
- 10 show that The killing OF Wells WAS
Mnl.ciOus.
Legal PeJmts Argned.
TIE greater part Of the forenoon session
WAS lAyoted 10 continuation Of the argu-
0eut upon the admissibiiity OF the tes.i-
msuy OF Witnesses AZ TO wfa; statements
WGge made to Officer Cummings tending 10
1usGify him In arresting Phillips without =
warrant. This argument had been 10 pro-
Uress during the previous afternoon. The
court held that the testimony might De IN
froduced and It's sunsrseney passed upon
latc.. Some lawyers think that the whole
case hinges upon the suffie.ency OF the
oauses leading TO the arrest.
Under this ruling. after the argument
had been finished Mrs. GunIernsaa. who
had been called 20 the stand on the pr@ri-
.k.x a.
recalled by Mr.. Hart. Her testimony was
relative to the causes leading I'd the ar
rest el Phillips In her lodging hosise. Many
0< the questions put TO her by the prose-
Cpt1ou were ruled on; upon collections from
3he dofenne. She was cros-exainined by
Attorney Ep.ar at considerable length.
oUv1ral amusing bits OF repartee occurring
during The examination caused considerable
e4nuDegbent In the court room. One anes-
Wou the attorney asked the witness was
N6esnot sao generally had men arrested
VIXEN they came into her house and at
tempted TO so out without renting rooms.
ZhA witness denied Il with some asperity.
W1lfAm CheNaey was tho first witness TO
take the stand after tho noon recess He
was IN tbs Hotel Price when Phillips was
arrested by Officer Cummings Phillips
made no explanation OF his presence In the
house when questioned by the officer other
than TO say that he hai been looking for
room
fslice Officer Ed Cummings was called.
He told OF the arrest 81 Phillips. Phillips
told him he was looking for room. Phil
Ira during the conversation. leaned
agAlpat the stair railing with his hands IN
Ais trousers pocket While taking Phillips
ou< Of the hotel. Phillips asked the witness
whore he could procure employment. stat
tng thai he was a shoemaker by trade
1hey exchanged few words on the sab
sect. Phillips made no resistance when the
witness told hlm no guessed they would
have 20 see the police captain and rang for
the patrol wagon Phillips got into the
wagon quietly when requested 10 do 50 by
Wells.
Cummings eross-examsnation ELECTED it,
tia He stated for one thing that Phillips
had no burglars tools upon him when ar
rested. On redirect examination II devei-
op<d that the witness had not searched
Phillips at all. IL was not customary. he
said. to search prisoner unless he Of
Washington street a few minutes after the
Eye Nsn~ss so the shosttag.
w. II. Penn.ng. the next witness. saw the
shooting of Wells from cable car on Yes
Ter way As Phillips ran up the street after
the shot was fred passenger by the side
Of the witness Jumped of the car and be-
gan firing a; che fugitive. II was Sheriff
Mover MIR Hart asked the Witness wiseth-
err Phillips returned tho nre.
Tho iefens, objected 10 the question. Ar
ter q long argument the cours ruled the az
tiance admissible for the purpose Of show
iHg malice on the part OF the defendant.
Phillips. Dat Ttsr no other purpose.
The Witness then testified that Phillips
aid return the IRE and was excused from
the stand.
A brief in,erns~son was taken a. fss
point TO allow hail.E to vsil the mex,
WitncNs wanted by tho state. Detective
Jsoa Williams. Williams met Phillips on
Washington street a few minutes after the
shooting. Phillips was running ard when
hailed hy the detective. who was in cisl-
sens' ciasNes az the time. let drive with his
revolver ~ Williams. Williams pturned
the fire. bat acae OF the shots took effect
Tho state considered that WILLIAMS tee
timcny woala saow malice on Phillips pars