The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-29
Philips fAcEs HIS AIE.
supCE yACoss TO DELavER CHARGE
wuEy COURT OPENS TODAY.
..s~~~eys Indulge In N Orat0ricai
raSsle. with Jary NJ short Range
<aestng Incidents Of the Trial
vssnlips Has Female FTteaas.


!, vas a day Of orztory In Judge ia
-. court yesterday. The attorneys Ia
-. philips trial had the center Of the
.sA~s and eloauenee Of a pyTotechnicai
49, vas delivered at the jury At short
,.axe until fha hour OF adjournment ar
$50. vines Prosecuting Attorney McEa-
- ssisbed his closing argument for the
ssxts.
zndse Jacobs reserved his charge TO the
49, "a this morning. when II VIII be de-
nyered snmedistely upon the assembling
x csart. With the day before them. the
sury uzy be- expected 10 arrive al con-
cawson early IN the afternoon.
IA attorneys for the defense consumed
ss1rsy the whole of the day IN arguments
d behalf OF the accused man. Mr.. SpriSgs
bseks iu the morning aud did not tiuixh
sssa the noon hour. His argument was
eaasny along the line thai the police Of
sea5 we're not warranted in arresting
fnzaps when. he was found in the Price
-. Mr. Sptiggs pronounced against
~ be termed the custom OF the police
sqnrtment Of arrestinS citizens promls-
e~rs.y ard holding them in restraint
sqs structures OF the police department
ssse severe, and they formed the lass
u bis argument. Touching upon the In
eaHf Af~
"a slsmeili OF doubt to the prisoners
naasy Is established Ia the mind OF any
tsfor, then vsrilct OF guilty would be
miscarriage Of Justice.
Judge Epier followed his colleague
Speaking del.harateiy. yet with force. the
SfIsonsf attorney reviewed consscut.veiy
lie vulnerable points In thu case for the
safe Then. turning 10 the main theory
Oh which the defense rested its fight for
the pFktonos1s life. he carefully went over
I'll Of the material testimony tending 10
shsw that the defendant was mentally
unbalanced at tbs time Of the killing OF
ksi.A
Ia effect. Judge Episr declared that The
sc.enss had proven beyond a doubt tina;
PHILIPS suffered from "a mental aiimeni
o. deficiency. since the accident go often
spoken OF. when he was thrown from a
Nurse. lilo declared that this injury had
followed Tie prisoner since that day, and
sha' II had made him incai,ahis ., times
81 governing h-s actions or Of disttnga !sli-
iag between right and wrong. The At
fesTey referred TO Phillips long term of
imprisonment In British Columbia, saying
shst the Influences there SURROUNDING MIN
and the severe treatment accorded him
BAD tended 10 intensity the mental all
meas under which be suffered. so that
When he emerged from the penitent.ary
MS miaa was unques,ionaby deficient and
his poser 10 control himself Insufficient
" MAKE him morally responsible for the
shooting OF Wells.
Judge Ep.sf fnally said that the con-
tsasson that Phillips acted with premadisa-
isQh "a kilsns Welis was not justified by
Tao ssErHce, that the brief period oeeu-
pNa N The ridt In the patrol wagon was
aSt soHicleut Tor the prisoner 10 plan and
skeSute The killing, with the malice and
dsasn Claimed by the state In con-
slassan. he declared that Il there was in
tie minds of the Jurymsn any doubt as
70 the defendants sanity on che night of
tho killing. then a verdict OF not guilty
shSu.d BE rendered
Judge Ep.ef FINISHED at O'clock. This
.efs but ala hour for Mt McEiroy 10 close
iDF the state. HE to9k up serlatlrn the
eeaseaiiens OF Judge Epier and answered
them ferc!hiy from the standpoint OF this
Prosecution. As Mr. McElrcy described
ihe events on the aishs OF the killing,
Philips, who had listened with apparent
Indifference to the arguments. suddenly
bryan TO pay Gloss astention. The sickIy
smile that oysreasis his dark cougtenaace
Ieft him. and for a few moments he APP
psared TO realize the purpor. and effect
o. shs prosecutors language.
Mr., MeEiroy rldicuiea the contention
isai pn.llips ia insane "was II the act
q al insane man To sit IN that patrol
wagon and coelly plan the foul murder
q police ositcerT" he asked lis IL TO
De said here that Phillips was insane as
rs mind went through the process OF
lsassing out his chances Of escape from
'ns Ag's e9nstrssat after he had KILLED
zoe esfieef. Was ina, the deed IF weak
minded snan when ralllrs. standing up
N re patrol wagon ut the city fail. calmly
surveyed the streets about him. choosing
zoe dark streets from t.,aSs lit NJ hy
s'seizie lights. ana then, With dsahalical
IsfIese ana n,a,lgnaa; heart. nred point
ssAk al TIE officer in tbs wagon and
RAae dash for iihertys
DO net believe th&t this }ury VII. np~
aesa the contention of the defense that
~ PASSOVER was no. morally responsible
~ MS acts on that fatefui Sunday night
3aege sege all the elements OF ,ssiiberAts,
laaalae Phillips had sssd That he would
~ e*ie-o he wo0.d again 30 10 jal;.
aes VAS bis first opportunity. Tie adj
mstea 10 the officers ia the jail that he
.sd maas Up his mind TO wing Wells autt
'RFa fash FoF cover. as he rode up n the
Asxsa ise haa Discussed calmly his ar
80 "ah Officer Cumming There was
lang anywhere during ali his conduct
hxhi "a Indicate that he vas rot
tz.9tstly accountable"
hiring The description os the killing Of
zoe ard al The dark figure NJ the half
: eSH scndalne fer cover In the darkness.
sc cattle - bullets that followed and
s0 mase,eF's ti.ai capture. ph.Ii.p, list
- ais 'aco growing vlslsly pale. There
IS ~ smile 90 hls face ana he seemed
- sFfT the events sf thai night og ali
SSs ~ h3s oer rGind. as II realizing
s@St fhs fuli Import % his deeds and
Rspsss2s consequence.
- t's * "a features ~ she sr.Al has been
~ -. .e'a,san' attendance upon She prisoner
Mss frsta Warren. who performs nlany