The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-26
o.urt Admits in Evidence Phil
linz Tell Tale Memorandum.
woepy sATTLELAsTsTxo DAYS
..e~.se Causes q mia Sensation BY
Ahu1tting Tkaf They Hold the
ulsssng Original ~ the Auch
Wsnsed Nem0ranaun-The Court
with the Prosecutton On Import
eat Points-Testimeny Of the Day.

A.er one CT the most interesting legal
battles ever xao.d In criminal case IN
kInx esutfy. Jlsege Jacobs of the superior
eGrs. yesterday decided to allow the
aa.e 10 introduce In evidence in the
pAHiips murder trial. a copy OF the MEM
orandam which the police found on the
person Of the accused murderer shorty at
ssr his arrest.
The defense objected 10 the Introduction
Il this memorandum or any copy OF II.
when the question was first raised on
Saturday last. Through the successive
msaeuvers of the prosecution and the de-
fense. counsel for Phillips strenuOusiy
Songkt 10 have every reference TO Toe
momse1ndum excluded from the testimony
. ire case. The defense reached IT'S las,
assnghold yesterday afternoon when
1Ddse Eplsr. OF counsel for Phillips. stat
q tia. the contention Of the state. thar
d memorandum had been lost. was not
funded on fact bat that az a matter Of
ftct the writing was In the possession of
tie defense.
This Move or the part OF the defensf
Vas a great surprise TO the state Prose-
cutting Attorney McElroy and Deputy
John r. Hart were both amazed at she
stand taktr by the defense. An apph-
cation was Immediately made to the coirs
"a an order compelling the defense 10 pre-
DUO the mIch wanted memora adtm IN
court. Judg. Jacobs denied the application
and later permitted Mr.. Hart to real from
her e. 1897. a Transcript Of the famous
memorandum. Thus. after two days sreEt
In A legal battle the tsii-taie dosern IA was
finally allowed 70 go before the ja.y.
saturday the defense had contended tina.
the section of the Federal constitution Civ
Ing TO m accused person the right to re-
fuse to testify against himself would be
violated II the court permitted the intro
duction Of writing which IL was mani
fest had been taken from the prisoner
without his knowledge or consent. This
"a effect. WAS the main Issue between the
state and Phillips attorneys when the
matter vas first presented TO the court
Judge Jacobs. on the assembling OF court
the defense. allowing the state TO show
that such memorandum had been found
on the prisoner and to introduce It's CON-
tents In evidence
Reed Coatinues 20 Testify.
shief Rsed WAS placed on the stand yes
f.rass. after This ruling had been an
rsuaets. and testified 10 having received
the memorandum from the prisoner and To
having nsrused Its contents. Replying 70
Qaestlans asked by Mr.. Harr. witness said
that the last he saw Of the paper Porsns
Baxter. the police reporter OF the Post an
fsilsencer. had taken II 10 make a cop,
for publication.
A, this stage In the examination Chic!
Reea gave way 10 Mr.. Baxter. VINO VA.
ss.led 70 testify for the state. The wit
ness rellied to. the usual formal questions
csncs rning the length or his residence N
the city and his occupation as "A reporter
Tor the Pos,-inteiligencer. Witness remem-
bsred the night 1f November d 'hs da,
Ofaeer Wells was killed. He testified tina,
10 VAS al the police station soon after ths
killing and had seen and raiked Win lshii-
lips. Witness. replying 20 inserrogatorfes
stated that he firsi saw the memorandum
when IL was handed TO him at the centra
station. that this was late at night and
that he had hurried 10 the office of tbs
Posi-inteiligencer 10 prepare copy OF tbs
document for publication. Witness swore
that he returned the memorandum to tina
peiiee after be had finished with IL.
Al this point Mr.. Hart asked the witness
to tell the Jury what the contents Of tho
memorandum were. refreshing his memory
from copy OF the Pos,-InteiIigencer o.
November -, 1897. which was handed him
Judge Eper vas instantly on hii
teft with All objection He commended that
the Witness might testify concerning 4
copy he had made OF the document. bal
tast any evidence he might give relative
70 eNpy OF his copy az the document was
Irrelevant ard incompetent
The sniy Mas Instructed 10 retire whlls
attorneys nEatn engaged in a wordy
nsttie The states position vas briefly
th,ss 4 memorandum had been takrT
fretn the prisoner. which was valuable IS
par o. the evidence against him. Ths
original copy Of this memorandum had
'esa les, and The state offered 10 remedy
the iesi.cacy hg uinr'ylng secondary
ssslehee. Mr. Hart eontended thaE thu
STATE YES asking nothing mere than was
reasonable IA view ef the circumstances
asd asserted tlst the testimony about &c
% introduced vas competent and relevant
u was az this s;age 90 the trial thai
sNase Eaer startled the court ard ihs
prosecution nv rising ard saying;
En,er causes q STIR.
re state claims that this document Il
sos. and wishes tic supply the emission hs
secondary evidence IN ready. your hon,
o., 10 make affidavit tha, she memoran-
senss"
~ Hart demanded that counsel fol
FsiAtns produce tire memorandum. ru.sxs