The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-28

ZSO 40 Avail LIZ 81
A. I. PIPER, Reesiver.
swore that when he took the nr,soner 4,
custody he appeared perfectly rational.
Cummings also swore that the prisoner did
not AFFORD any evidencesH that he Was In
ioxicated. As was claimed by the defense.
Mr.. Hart questioned Cummings az 10
Phillips actions after his first arrest and
again after he was caught Ender n house
near the corner Of Main street and Fourth
avenue south.
From what you observed OF his sc-
tiens at this time after his second arrest.
would you call him an insane man. asked
Mr.. Hart
He was not Insane. In my opinion,- re-
piled the witness.
After Cummings had left the stand an
incident happened which enlfvened the
proceedings for q minute Judge Jacobs
who had listened closely to what Cum
mings testified to. said:
The witness evidence ~ to the facts.
and an to what he saw. are valuable. but
snah instruct the jury that his opinions
as 10 the prisoners condition are not to
be considered A. worth very much"
prosecuting Attorney McEiroy said hA
presumed that the court would instruct
the jury on the Law and the facts when
ne gave the charge. 1t was evident that
thescourt did not regard officer Cummings
az an expert on mental disorders. and that
the prosecuting attorney did not look with
favor on the courts remark.
Smith and Hughea Dlsarree.
But one circumstance In the taking OF
testimony yesterday afternoon IL worthy
of detailed mention. DR.. c. A. Smith. the
city health oflcer. was called to testify
in rebuttal for the state regarding Phil
lips mental condition. He said that he
did not observe any evidences OF mental
uusouu6nAso n th3 gprisoner when he
dressed his wound the day after tho XIII
Ing. or subsequently when his hand was
ampufated. On croa1-ex1mination counxe,
Tor the defense sought to elicit from the
witness that he had made a statement Of
- contrary nature to Capt. p. d. Hughes
did you mot Hay to Capt. Hughes"
asked Judge EyaeF. that while PHILIPPE
appeared harmless. h0 was veritabie
mailman on the night OF the MURDER
king the importance Of the question. 'rhen
he said that he did not make such state
ment.
In sur-rebuttal, Capt. Hughes was called
for the defense. He swore that he met
DIR. Smith at the door ~ the county jail
few days after the operation in which
Phillips hand had been removed. He
said TO DIR. Smith:
Philips app ars to me to be a HARM
Less sort OF q .ittle fellow
To this DR. Smith replied. I'M substance,
according TO the evidence OF Capt. Hughes:
He may seem harmless now. but on
the night OF the killing aae was more Ike
a mailman or . crazy man.
Mr.. NcElroy sought to pin Capt hughes
down to the exact language used by DR..
Smith, but the witness replied that he
could only give the substance Of the con-
ve,sation.
Cant you give 1t word for word?'
asked Mr.. McElroy.
mo. SIR: nor could any other man."
VAS the reply.
The witness admitted fnaIly that he
might possibly be mistaken as TO the re-
marks OF DIR. Smith.
DIR. George NJ. Horton was called and
testified that when he assisted DR. Smith
la the operation Phillips bad manifested
ma signs Of insanity. He admitted On
cross-cxaminat.on that he made no partic-
uiar observation with the purpose Of as
pertaining the accused mans sanity.
The Arguments Begin.
1t was nearly 4 30 when Mr. Hart opened
the argument. Calmly a. first and In an
evenly niodulated voice. the deputy pros
ecutor began his address to the jury,
rising little by little TO heights OF cratcry
and inyectiye. Hart spoke forcibly in
describing the murder OF Wells. ard de-
Tended the police from the charge that
Phillips arrest had been an unlawful one
in the first Instance. Then the deputy pros
ecutor asked the jury what pcssib,e jrs-
tiflcation there was for PHILLIPS killing
Wells. when the latter had had nothing
10 do with his arrest.
THE prisoner accompanied Officer Cum
iniBss to the patrol wagon peaceably"
said Mr.. Hart, 'and offered no resistance
whatever. There WAS no aarsh treatrssn.
OF him by JsiIer Wells. The taller's
duty was merely perfunctory lie had
nothing 10 do with tho Capture OF the
prisoner. Then. granting for the sake OF
argument that his first arrest was not
Justified, what possible excuse can there
be for the prisoners wi,.ft. assassination
81 pSor Jim Welisg''
Mr.. Hart charged that the accused was
actuated by deliberate and premeaitated
malice. He had become imbuea with ha-
tired and malice In the British Columbia
prison. as evidenced, by the memorandum;
he had said 10 himself, Get ammunition,
set revolver" and he had proceeded 10
arm himself TO prepare 10 XII. "a soon
as the prison doors had closed behind
him. Within five days he had carried on.
his premeditated designs: he had she'd
human blood. The deputy prosecutor
traced the alleged malicious purpose and
premeditssefs design from the prisoners
First moment Of liberty TIL he fired bull
les through offieer Wells IN front of the
city jaN
Mr. Hart finished last nigh, and Judge
Ep.er viii reply for the defense today
The ease VIII probably reach the Jury
late this afternoon.
Court Notes.
Judge Hanfcrsi has closed the regular