The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-26

s,.sf .cse CO the most interss.Ias Legal
.s:shs evss naessi IN a criminal case III
-. e.csfy. Judge Jacobs of fhe superior
/ ..sn yesterday decided 10 allow the
| sesS 10 Introduce in evidence in the
| u.asnis nuYder trial. copy OF the mem
.rasasE which the police found on the
.@,.ns n the accused murderer shortly at
ssr;hs arrest.
- Setsnxe objected 10 the introduction
essfsis memorandum or any copy Of IL,
"a the question was first raised on
sstgr6ay las. Through the successive
s-enxayers OF the prosecution and the de-
49,. counsel for Phillips s,renuously
f,neht 10 have every reference 10 'as
renuSzdnm excluded from the testimony
i. sAe case. The defense reached It's last
ssmsAold yesterday afternoon when
ne Epier. OF counsel for Phillips. stat
4 Ia tire contention OF the state. that
r< semorandun had been lost. was lot
fssndsd on fact but that ag a matter Of
fstf The wrsting was In the possession OF
tie defense.
fals msvs or the part of the defense
xss great surprise to the state. Prose-
tafing Attorney MeEiroy and Deputy
ychn +. Hart we're both amazed at the
slsni taken by tho defense. An appli-
ea,ian was immediately made TO the codrt
~ an order compelling the defense 10 pro-
assss sAa ~ Hh Waatsh r,auava-s1;t:v t,t
s9sfs. Juae, Jacobs denied the application
Eai later permitted Mr.. Hare 20 real from
COPS 81 the post-Inteligencer Of Eogem-
kss g. iss.. transcript Of the famous
memarasslum. Thus. after two days sreE;
Ia legal hattie ;ae t.li-taie dorm III. was
finally silowcd 10 so before the jury.
Saturday the defense had commended that
the section OF the Federal constitution CIV
Ing 10 IN accused person the right to re-
Fuse 10 testify against himself would be
violated Il the court permitted the intro
aactsen Of q writing which II was mani
TEST had been taken from the prisoner
without his knowledge or consent This
IN effect was the main issue between the
state and Phillips attorneys when tho
matter was first presented TO the court
Judge Jacobs. on the assembling of court
yesterday. handed down a decision against
the defense. allowing the state to show
that such a memorandum had been found
on the prisoner and 10 introduce It's con-
tenis In evidence
Reed Continues 90 Testify.
Shld Reed was placed ON the stand yes
s.Tlsy after this ruling had been an
stgasts ard testified to having received
the memorandum from the prisoner ana to
having perused It's contents Replying 20
gn*s,ens asked hy Mr.. Harf. witness said
that The last he saw OF the paper portus
FssieF. The polie. reporter of the Pos; : n
iesgens'eF. had taken II 10 make a eopy
fsr patlleation.
Al this stage In the examination Chief
Reed gave way 10 Mr.. Baxter wno was
ea.lna TO testify for The state. The @t;-
asss rsiaied 10 the usual formal questions,
eaaes frins the length of his residence n
the city and his occupation "A reporter
fer the Post inteliigencer. Witness remen-
eered the night - November q, h. aay
oheer Wells was killed. He tsssiflet that
fs was az the police station soon after The
ksl.srs aud had seen and talked win Fhil-
ups Witness. replying 70 Undergraduates.
STATED that he first saw the memorandum
vhsn II was handed 10 him AZ the central
staten. thas this was late at night and
thsi he had hurried TO the office OF the
FSt-lnielaissne.f Ia prepare eery OF the
document Ger publication Witness swo-e
that be returned the memorandum 10 the
fotlts after he had finished with H.
Al Tits point Mr.. Hart assed the witness
70 tell the Jury what the contents Of the
nsaoTandnm were refreshing his memory
noss 3 copy 81 tire post~lnteiiigencer %
November -. fsss which was handed him.
Judge Epser was instantly on his
ssss With an objection HE eonseadesi that
re witness msxhs testify concerning a
soFf he had made OF the document. bar
tas' any evidence he might give relative
q copy OF his eeey ef the document was
ftsseyant and incompetent.
TIE iufy Was taslruS ted 10 retire Will .
tfs attorneys again engaged I'm wersiv
ssssle. The states position was briefly
taiss \ memorandum had been taken
Tram the prisoner wA!re was valuable IS
psss o. the evidence against MIN The
e-sxsns1 copy Of this memorandum hsi
Teen 'ess saa ibe state offered 10 rsmedy
me acaGiessN hy .supEiyinG secondary
esItnes. MI Hart esntrnded ,haz tbs
s'ase vas asking mathiag more taaa was
FTssoaAkis la V:e~ OF shs sirsyasnst ices
Ahe asserted tAat The testimony abosi; to
% introduced VAS competent ard relevant
II ans at this stage Of the trial tAas
1hdgr Eeser startled she caart and the
Prosecution hy rising and saying:
Eater causes str.
ne STATE claims that this document Is
~ and sis6ss 10 supply the omission by
s<vs'EssFF svAis aes ] am ready. year hon
= make SffsdAg,t that tAe memerar-
seA : rss n the POSSESSION OF the de-
81 dart den&raed TIA. counsel for
@sssSFs rSessoce TIE menaraa,sum. Judge