The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-24

Special Dispatch to the Poss-In.elligencer.
SIDNEY, Dec 22.-The fate OF James
". Connella Of Everett will probably ha
with the jury tonight, and verdict may
be returned tomorrow. Even at this time
when the testimony on both sides Is in. and
the facts of the killing are known so far
as can De CLEANED from the conflicting
statements of witnesses, no prediction can
be made with confidence as 20 the veriics
that VIII be returned. The prosecution
claims second degree or at least man
slaughter. The ieferso appears TO feel
confident OF absolute acaGl,tal or a hung
Jury. THE judges Instructions. IL Is be-
neved. win be favorable to the defense.
The points on which the trial hangs are
Whether Conneiia. after his frs; meeting
with Nelson. WIS attempting 10 rA;reas.
whether the second assault was by Nj
son or connella: whether Connela at the
time he shot Nelson, was ia what would
appear to him, or u any reasonable man
!r his place. immediate danger Of being
killed or seriously injured.
The testimony on both sides has left no
doubt that Nelson struck C0nnella on the
right arm, while the latter was down. with
his cane. AS 10 the force Of the blows
ana the direction In which they were aim
ed. whether az the head or thigh testi-
mony varies There is also a conflict of
evidence as 10 neither Connefla ssrI-,<
Nelson In the face at either or both as
saGlts. or whether he was simply trying
10 grab Nelson's cane which was held i'm
what he might consider threatening man
ner.
The most noticeable diversity Of testi
mony and one taking a prominent figure
In the defense Is whether connelIa NE,
Nelson the second time inside or outside
the cigar store and what his position was
when he fell The theory Of the defense is
that Conneila retrsated into the cigar store
To gei away from Nelson Tho testimony
Of witnesses for the state is entirely agains,
this theory. all declaring that Connelia
vas rsot In the cigar store, or that IL ha
was Il vas bur momen,ariiy. while he was
trying TO push his way against Fleming
back 10 the point where Nelson was stand
ins. The states Witnesses have the Sec
ofld and fatal meeting outside the Gig ar
store. the defense inside
Asiothtf vital Point is bow close Ole Nel-
soa was to ConueIla's PROSTATE body when
the revolver in the hand OF the latter went
on. The defense would have Nelson wi;a-
In few inches ef tl1e nouth or me pstol
showing that Cof nella dld not knew .h.
man oEeE aisa was bciug drawn asya.- .,e1
expected immediate in1ury They shos, f.ia
p2w dss'- burned Trousers of the decreased -.
supper; u this contention.
Tie ener. Of The prosecution IN eroas-ox-
animation % witnesses for the degensa h,s
s'eFn 10 iTnpeach their testimony n .hfs
taey aaVa uot be@n successful thons,s, -
defense has saewn b. two witnesses one
e whom made an excellent IMPRESSION -,
the Jury, thai Valentine Schreck. the ,1rs.
important Witness fer The state. was cr.
who cried vui 10 Nelsoa from the erov8
surrounding Nelson and Cenne,la. az ...,,
struggles % the ground. '.kieh h.71 in shs
face Il aus s-ao testified n Thai <
Nscaals another of she states witness
fo4t ana bad expressed ean4ity 10 C'a,,nsfl.
Feasc@ wing fhe argument Oh Instructions.
sAe taFy w&li be addressed Is tile a;,orrsys
Ag&9Usaat alj. bs opeue& for the STATE hw
FroSecot4nS Attorney yAksy. He wlgl l,a
followed ~ Attorney Cooley for ihe u
fcllse The c}l.ef argument for the a.fsus..
w'ii tAen ~ made b. John =. Dore Of Sc
at1le. iie viii Speak hetweea tsSc ana ,sros
nours- Iae esosiAsg argument Nli he BY !
L Ronald. oE Seut1ie. = brilliant arkErg,sn,
y expected u these iuan. Tee argument
w1li probably - concluded ard tie iarv IN
stTusstsa lats saa.g8t. tAonsA Il s,av 20
over GuIi legzoFTow mssrTsin&e
Connelia stands the Trial Well.
T3se prisoner. Coane,tA IS ssan.s.n.- sss
wel un6e- the tr{si. lie icts not sen, mr.
wees, ag1 'aoSs esch znernsnz eIear-.ve. !.
an& - Though slsep had Refreshed hsr1
Ha sel<tcgu SEgaAe - ary ons lss tas eo1srt
re.2fgl. bst. as fFual lAe f3est foi.oAs ax-..r,r
&elsG q The tssaI MIA intense interest o.
cas.onaay he drops als ear trumpet w-eari-
IL and .sg1s back. ss raoliga tsra4 - tie
iY.cessSast ts!s. ertt: in a few naos2ea.s he
VII aa again alert.
HaHnid Called newa
A1,oseey G5na39 sas 1alGes 4axo hv
J aeSs,e East IRIS n7s~nrsg Scr : remark
.zzase 1e'cr ~.sjsr-< aHd a-sa zsac5s sss ne
ca1r~ k'e.soar;az stas cl.s@e % tAa case Of
tna 6eee@se. ,6e prosecution csa4si " IS
t'es~e. the ssegasy~apher Hao Ink :se sef-
aence - ssv g,ye aazaa-y exam 7ta sloa. Ia
.-s s.an.s So wa~ aska1 = =. l.. s4rar.
tss3 Eot testified before tae ssreaax AZ fa..
sGxs
~Wu was ~esusmg srsa sAs ssres..
Fsa=sx snA %ss@en @vre ssA1e -, t.
eTsAee. ara 20 SAYS Asss, 1sva tesn 1>ss-
&.g ~ v- i+s sseaAy fsses sazae. 1....
h&ga Asn tE'ezas.2s Say. Nsas ana