The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-20
THE LITTLE HAlF-bREED.
PHILLIPS, WELLS SLAYER, GETS
ANOTHER CONTINUANCE.
lie and His Friends stu Insist That
His Mind IL Unbalanced. and That
Therefore He Was Not Legally
Responsible for His Crime.

The trial OF Charles Phillips. the little
haIf-breed who shot down Police Officer
James l. Wells in front ef the police sta
ton, was yesterday continued for seven
weeks from next Thursday by Judge ia
cobs in order to allow witnesses fer the
defense time to come from the Eastern
states 10 testify as to the alleged muir
Gerer's unbalanced mind. The trial was to
have commenced February ., and the
date now fixed Is April II. Prosecuting At
torncy McElroy strongly. bus unsuccess-
fully. opposed 50 long a continuance.
The witnesses BY whom Phillips claims
he will be able 10 prove that he is mental
ly unbalanced are DR.. Decide, formerly
the government ply stefan at the Colyile
Indian reservation. and now Il resident OF
Washington. -. c, and u Mrs. Dawes,
who lives in Oklahoma territory, ana IN
support OF his motion the attorneys for
Phillips yesterday filed an affidavit made
b. Charles a. Thompson, formerly super
inteadent OF the Indian school on the Col
vile reservation, that some time IN Ass5
or 1881 Phillips. who was then pupil at
the school, was not allowed 10 attend BY
the physician, who informed Mr.. Th0mp-
son taat Phillips was nervous, excltao!e,
had no control Of himself was not safe
person 10 associate with the other pupils,
and was In fact not sane In his affaayit
Thompson says that he ca-ne 70 Seattle
few days ago on his way TO Alaska, and
learning Of Philips trouble came 10 his
attorneys and Informed them CT the facts
stated. He mas not been superintendent
OF the school for several years, he further
states.
ore OF Phillips lawyers filed can affi-
davit stating the residences OF the two
stated showing what Mrs. Dawes knows
about the case. Phillips own affidavit was
also flied. He says he does not remember
clearly anything about Decide, as he was
but - years Of age at the time.
A continuance OF two months was first
insisted upon by the defense, but Judge
Jacobs reduced the time by week Pros
eeuting Attorney McElroy insisted that
the time be made much shorter, saying
that three weeks would be amply suffi-
cient, but the court did not see II IN that
light. Mr.. McElroy afterwards stated 10
a Post-Intelligencer reporter that he
would have insisted upon Phillips going
TO trial without the absent witnesses, but
feared a reversal by the supreme court
in case a conviction should have been
had. on account OF the presence OF an atfi-
davit making such positive allegations in
the record. He claims that by fling such
an affidavit any criminal Is certain to OBJ
tain most any continuance desired, as II
can only be avoided by the prosecution
admitting that the allegations are true,
or that the witnesses would testify to that
effect i: present. beth Of which admis-
sions would DE preiudicial TO a conviction.
II is said that Thompson IS a strong per-
sonai friend OF Phillips relatives. and was
induced by this fact 10 interpose IN his be-
half.
1t viii he remembered that Phillips once
before obtained additional time to COM
muncate with Witnesses who would tes-
tify that he had been kicked in the head
by a horse wher boy, and had since been
mentally Ut balanced. The officials OF the
prison in British Columbia, whore Phillips
served term of seven years. deny. it is
said that he Is insAne.