Omaha daily bee., 1909-08-04
VERDICT POINTS TO PHILIPS
Coroner'S Jury Believes He Fired
Shot that Killed Hamilton.
PATE THE PRINCIPAL WITNESS
Friend Of Dead Wan Gives vital Tes-
tImony-Brother Admits Philips
Was Jealous Of wife Because
Of hamilton.

We, the undersigned, gathered before
coroner Hcafey as a jury, find mat Marsh
gunHhot wound fired by one supposed TO
be James philips on the morning OF Au-
ommend that the proper county %authorl-
ties Investigate the case and punish The
guilty party or parties to the full extent
OF tho law.
This was the verdict rendered by the
coroner's jury sitting In the murder case
OF Marsh g. Hamilton. who was killed
NJ Florence in his mill early Sunday morn
ing.
The members Of tho jury were william
Kennedy, 314 Miami street. w. J. Mount,
255o California street; Henry V. umn
b.. X. Pease, the Merriam. Joseph TeahOn,
ss North Twenty-secon street. and NJ. J.
Merrill, Paxton hotel.
Six witnesses were called 20 testify be-
fore the jury. They were Charles Pate,
who was sleeping in tho mill office with
Hamilton at the time Of the murder;
Charles Hamilton, a brother Of the muir
deted man; Thomas II. Smith. a friend Of
the dead man. who was sleeping In a boat
on the river not far from the mill office;
Deputy Sheriff Thompson. Sheriff Il. i.
Bradley and Or. A. u. Dunn.
Scenes at the Murder.
Pate was the first witness called and he
A'llfhl hFN Nlt Fllf VI tue llklN VI 'lt
murder, telling what he and Hamilton did
before they went to bed relating how he
was aroused from his sleep by a rap on
tho door and how Hamilton was called
and two shots fired In the office and later
three more fired outdoors.
According to Pate's story, Hamilton slept
on a bed just a FEW feet north OF the door
Of the office, while he CPate) slept on the
floor, with his head resting near the screer
door. The other door was open on tn,
night OF the murder and Pate was right
up against the screen.
lie was awakened by the raps on the
door and asked who WIS there. Then he
said, as he glanced up and saw a man
standing In the moonlight, That's you.
isn't 1t, Philips?' Then. he said, the reply
came, Yes. this Is Philips"
lie Unmatched the door and Philips walked
In and Pate went out IN front of the office.
lie saw "A man standing at the north side
Of the stOop, but did not know who 1t was.
a few seconds after he went outdoors
he heard two shots fired and then he
started to run: he glanced back as he fled
and saw Philips and Hamilton struggling
ON the stuop outside tho door. Then he
heard three more shots fired.
Reports 10 Brother.
. NV A"N w NAl"lA'R AA"AAlliAbA y 'N9
and told him OF the shooting. They re-
turned and found the dead body OF Marsh
Hamilton.
Charles Hamilton In his testimony said
he did not know OF any i'll feeling between
his brother and Philips. He said he had
never heard OF a quarrel and thought
they were friends. He said. however, he
had heard Philips was jealous over his
wife because of attentions paid Marsh
Hamilton.
Thomas H.. smith said he was told OF
tho murder by Charles Pate and got to
the scene before the body was cold. lie
had nothing new to add to the evidence.
Sheriff Bradley and his deputy simply re-
lated theg experience in making a search
for the murderer.
Dr. Dunn said two wounds were found
on the dead mans body. Only one OF
these was fatal, he said, 1t was the one
caused by a bullet passing through the
skull In two places just back OF the ears.
= II entered on the left side and came out
on the right. The second bullet fractured
the left Jaw and the other simply perfor-
ated the left ear.
The Jurors were convinced that Philips
committed the murder. for he was seen
, by Pate. They could not lay any OF the
blame on the second man because Pate
did not recognize him. He IL supposed
> TO be a brother OF Philips. but Pate does
= not know any Of Philips relatives.