The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-22
Fight WIN b Made Largely on
Technical Grounds.
LEGAL ASSAULT AND BATTERY.


{ - Aef<n~e IN s.se case Of Charles Phil
oiua oAw on trial for tbs killing Of Police
olbaw James /. Wells. may make the
nGh1 1os Phillips lsfs 70 q large extent
0poo 1echaseaa grounds. allowing the plea
r sanity 10 take subordinate position.
- Oau Be- remembered that Phillips wax
aeunneed In down~toyn lodging house
- Gmcer Ed Cummings on suspicion Of
1nry. lie made no resistance or OBJ
1oue5on ~ the tine and Was turned over
- W4ais, who. 40 acting Jaiaer, took him
r DG11po headquarters In the patrol wagon.
- - stepped from the wagon Phillips
uA&e Wells dead ard made break for
11hMev. bsang captured several hours lxler.
o418 making despexnte Resistance, dur
- which he received two wounds In .
01ealn1 batfls with the srrssting officerx.
Ootoo1tvew Barbee and Meredith.
- defense claims that n making the
ueSoe upon statements MAIDS BY third par
13o and with no other caase 10 believe
ehat = crime had been committed and that
Rbtnips WAS probably the guilty man.
o13oef Cummings excce3rd his authority
an committed a iega; assault and bat
eMy NON Phillips. which the latter would
AaSo tesn juntiaed ia resist.ng.
1he olestng hours OF tina session In Judge
oaeo1g court yesterday were devoted to
- argument by Deputy Prosecuting At
essnav John b. Hart on The law Of ar
esetA In which he made defense Of the
ackico ct Cummings. citing numerous ALL
ehera44A Judge Jacobs seemed 70 be stu
undecided, however. and requested the
Deoooeutton ana the defense 10 furnish
1l0 with further authorities today. Hc
aloo 1Atsd thai he Intended 70 lock into
ta4 pQs0 Tor himself. It - possible that
= ~ oe t0day'D AeUs0n win be devoted
. ~ argument Of the law quu<ttons in
- 49, a. the defense has not yet made
- Angwsf1ng argument.
Jury 10 try the caa0 WAS finally OBJ
$500 yesterday morning al IL o'clock. By
~ ~ OF tbs specsa. ysnire issued on the
~ oofors. The jurors are:
- ~. BOssford, A. L. Rutherford, John
NAnD. J. A psvul w. r. lvey, NJ Carr,
y. = Malone. J. r. blackburn. w. G..
09y9 II. eosteway. n, +. Lind. r. G..
GlevsF.
Ds4brs noon the lawyers raads their
opanane Statements. Deputy Prosecuting
Attorney Hart told the jury the story OF
ehe eAeoein8. substantially ~ sisea in the
eo<efoing. Attorney Sprig1s followed with
= hetaf outline ok tha defense, stating.
heWever. that he would r~serye a portion
0k y until the states case was closed
RhaltpA be said. had originally been q
bay 81 mild disposition and mannefs but
6a4 been thrown from horse while still
wy young and received Injuries about the
deAd which had totally changed his ma
euret rendering him morese and subject
90 ofe or temper, amounting. practically,
10 tn1Anity. He had stolen horse while
IN this condition and for the crime served
taxm OF seven years In a British Co.
auUofa prison. HIS mental condition had
btsf rendered worse by me confinement.
lie Vas not criminal in fact. aud at
the time OF killing Wells was tn Seattle
on his way to his home in Okanoxan
county. no. to ply criminal calling.
In ciossng. Attorney Spriggs stated ,,at
y would Dc proved at the proper time that
Phillips Was considerably intoxicated M
tho time he wandered into the Hotel Prize,
ana VAS arrested on suspicion al burglary.
timony began.
Th~ First wnn~...
The firss witness called hy the nrosseu.
sion WAS DR.. Geasxe NJ Horton. who he'd
the autopsy on the body OF Wells. He
testified that the night OF November
y he was called to the pollee station and
there ia = back roern found fhe ho,sx ~
Wells. brief examination ~Aowafa nlns
taat kasssaot wound through .ne body
had caused Weiss' death. The bullet en-
sssve the heas htswsel the first and Sec
una fihe on the lefs side ana nas~lns
downwaFd, seesrsag The big artery af an.
heart, euerged between the eighth and
usnth ribs on the right side looking nm
der the skin. ne witness then produced
inc little sesxieu missile which caussea
webs death. and Il was Introduced il.
svi0eass. IT Is y ai-tal ball Of ss-ssaHh.r
snd Was not AT ali mashed our of shane "a
Sss deadly course through Wells. body
TIE bullet aad been ia the possession OF
the uitn~ss ever ssnce the shooting. and
ts brightly i.allahea from frequent han
ciins Wells death resulted from aesnor-
fhaGe. tAa witness said.
DIR. Horton was not cross-exaEfsInea hy
the defense. A peculiarly sad sn.rrsss a..
Saches TO tie testimony OF Or uar.an
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