The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-30

~s.,,s. Phillips, the Indian half breed
=. 49, o6,cer Jamss Wells on Sunday
-. November IS last. stands convicted
3 .ansls uxater. This WAS tie verdict Of
:. &1ry Ia the case. which fled iaso court
-ssra.y afternoon at 4s0e O'Clock and an
s.....d that an agreement had been
,..1ned. Sentence may be pronounced to-
- ba. wiz perhaps be postponed unsu
4. nrsy par, OF next week.
-. snds one OF the most noted murder
- n the ,:rimiaai annals Of King
-. The verdict did not sur
-. any ore at the court house
10y afternoon. especially after
j. nry, after having been In
~rrs1d in tho morning. returned to ask
:. cur to Specifically define murder In
$. M and second degrees. and man
szkzsr. Prosecuting Attorney McElroy
8. not present when the verdict was
- bu, in his stead was John b. Hart.
= 6s2sty. Chief OF Police Reed. who has
s.,thed the case closely from the begin
I'D. vas not In tho room.
Neither the police nor the prosecuting at
u.psy viii discuss the verdict. but 1t u
pustlyegy known that neither u satisfied.
Mr. NcEisoy and Mr.. Hart battled for .
surale: Of murder In the frat degree. The
members OF the police department have
ea-op<sased with the prosecution. % as 70
upp.y every detail OF evidence necessary
10 strengthen the case for the state. Uni
ysrsa.ly. the members OF the department
regarded the alleged wilifui killing OF
Wells. while guarding . prisoner. as \
menace against their own lives. II thu
ss.ms should 60 unpunixhed. To the 20
ice department. q verdict Of manslaughter
does not Imply the kind Of punishment
which they believe Phillips had earned.
There was another question Involved, In
which the police are vitality interested.
and this was the right OF an officer to ar
res. . suspected person without the au-
Ehsri;y Of warrant. The police in the
daily performance OF their duties are fire.
Quentiy called upon to arrest people.
especially suspicious characters or ex-con-
vscts. after q crime has been committed.
The turning point In the Phillips case was
that tho court instructed the jury that IL
they found that Phillips. In the protection
OF his right Of liberty and In an effort to
escape eoafinsment in jail. whence he was
beng taken without warrant Of law.
Killed Weeks as he sat in the patrol wagon.
The verdict should be mansiaughter. The
Jury found that there Was neither malice
nor Fermentation in the deed. Under the
fhin Instructions OF the court there was
sethlng. then. TO 40 but bring In u verdict
Of mansiaughter.
Philitp. Hears the Verdict.
Phillips received the verdict with the
same remarkable stoicism which has char
seserized his conduct from the FIRST mo-
ment Of his trial. When tho jury came in.
be did not appear 10 take more than CON-
sea interest In the proceedings. There
Nas none OF that GREATNESS interest which
murderer IL supposed 10 feel at the SUI
nsme moment, when his fate hangs on
me brief words OF D 5ury's verdict. Phil
bps did not appear 10 bianch while the
court carefully read the verdict and then
banded II 10 Clerk Jenre- 70 read TO the
sxpsetant throng in the court room.
Wren the words guilty Of manS,aughter
we're heard Phillips AID not stir 50 much
as hair Mr.. Spriggs. his counsel, smiled
ana moved over 10 have n whispered cor
ference with him. Phillips said ne felt all
rsat. bat that was all. and then Deputy
Sheriff Atweil took him back TO his cell
he county jail.
TAs maximum punishment for man.
saaxhter Is twenty years Imprisonment
s3Sao fine.
@ the Informal ha.io, the fury stood /:
Ih'ee for murder In the first degree, two
hs murder In the second degree and
ssssn for mansiaugh.er Thus a majority
aooS for msnslaughter from the begin
rsg.
sldSe Jacobs Instructions were lengthy.
sha covered the law as to murder in the
ast ana second degrees and manslaughter
mnaieiy. These Instructions were taken
Assey from those given In the Mccain
ease
The nanst important points ~ere the
courts Instructions az TO the conter ,.on
sast no malice actuated Phillips and that
~ arrest by officer Cummings ana his
ss.ea'en by Wells was illegal. The courts
sassfhsssosss on these points were in sub
sance as follows,
The Courts Words.
me eogrs ins;ructs the Jury that II,
aE'oS fall consideration of tho evidence
: she case. The Jury finds that the de-
"asss committed the act upon a sudden
SeA' and without malIce. express or I'm
s~'ra' shea they Should fna the defendant
s-1sS 81 nsanslaugh,er, unless there is
ssa aa'e doubt "a so his sanity. n
reasonable doubt as 20 ths do.
. .S@es'', sanity on me night OF the com
OBSERVATION-DISCLOSURES.