Omaha daily bee., 1909-12-13
PHILLIPS WALKS INTO JAIL
Fugitive Since Last August, He Re-
turns to Face Crime.
ADMITS NUMBERING HAMILTON
Man who Called Marshall
q. Hamilton from office in
Florence and shot
Him.

hh"s
II want to give myself up. / I'm Jim
Philips, who is wanted for killing Marshall
c. Hamilton several months ago. was the
statement that Deputy Sheriff James Cal
loway got as he answered a call at the
entrance Of the county Jail Saturday night
a; l O'Clock, James Phillips stood In front
OF the barred door and made the state
ment in clear plain words, apparently WITH
out a tremor.
Deputy Sheriff Galloway and c. f. Vaow
were the only officers on duty at the jan
when the self-arrested man came In. lie
explained that he had been husking corn
at Carroll and Glidden, Ia, ever since
leaving Florence, July %, the night of the
shooting. HI was dressed plainly put
comfortably. He had no overcoat' but
wore a jumper under his street coat, He
asserted that he had Just returned TO
Omaha and that he was ready and willing
to face a jury on the charge, but he ex-
pected to receive clemency because Ham
lton wrecked his home. When asked why
he surrendered he said: What's the use"
Arrest of His Brother.
His brother, win Phillips, was arrested
on August 5, but according to the state
ment Of James Phillips last night they had
agreed to surrender to the officers. He
told Deputy Galloway that he thought that
VIII had surrendered. He did not know
that he was arrested and was unable to
explain why he did not give himself up at
that time.
In talking to The Bee reporter last night
he asserted that he did not wish to make
a statement further than to say he thought
that he was justified in killing the mar
who wrecked his home and that with the
aid of an attorney he thought that he
would be able to convince a jury that his
home had been wrecked by Hamilton and
that he was justified in committing the
crime.
When searched at the county prison
Phillips had a pocketknife, a Bible and a
purse containing 8 cents. He explained
that he had more money, but not with him
at that time. He did not say anything
about where it was, but it is supposed that
1t is in the possession of relatives, who
will assist him in conducting his defense.
Phillips was locked up in the solitary cell.
story of the Crime.
Marshall c. Hamilton was the proprietor
and manage Of a sawmill on the Missouri
river, located at the north end Of Six
teenth street on a strip of ground between
the limits of Omaha and Florence. Hamil-
ton and a distant relative, Charles Pate,
were asleep in the mill office when they
were awakened by a rasping on the screen
door. Pate answered the alarm and
Phillips, who was accompanied by. his
brother, asked If Hamilton was at home.
Being Informed that he was, he stepped
| fV,afIA and nc he Ala 80 DATE Ho., .,A
side. Phillips then walked over to the cot
where Hamilton was lying and fired
two shots at him. Pete heard the
report and ran to the home of Charles
Hamilton, a few yards away, and as he
reached there three more shots were fired.
Charles Hamilton and Pate returned to the
mill office and found Marshall Hamilton
lying on the ground at the side of the
porch and within twenty feet of the river
bank. Phillips and his brother were gone.
Phillips and his wife lived a short
distance from the mill office Phillips
was engaged as a truck gardener.
Pate and Hamilton then notified
Marshall Mari of Florence of the shoot
ing, who in turn notified the coroner and
Deputy Sheriff Thompson of Florence.
The men returned and found the body
of Marshall Hamilton lying in the same
| pOSllLOu as WHEN IdlSn anu I1dllllllOn re-
turned from the latter's home.
Marshall Hamilton was shot twice in
the head. Five shots were fired. but
only one took effect.
Officers Begin Search.
The officers began searching for the
Phillips brothers as soon as the Grim,
was discovered, but were unable to gel
any trace of them. 1t was learned latel
that they followed the railroad tracks t
Gibson. 1t was stated by win Phillips
after he was arrested, that he and jim
separated on Tuesday night, after tn,
, shooting, at Forty-fifth and Leavenwortl
3 streets and nothing has been heard o
the elder brother until early this morn
ing, when he surrendered.
Phillips does not have the appearance
Of a criminal, He is an intelligent looking
young fellow between the ages of 80 an,
So years. His hands = show that he ha
= been working at hard labor.
t Mrs. Mabel Phillips, wife of James Phil
lips, was afraid that he would return HON
and kill her. AS a result, her home wa
e guarded for several weeks. The country Il
the vicinity of Florence and other place
e where 1t was thought that he might hav
g friends who would assist him, were care
fully watched.
A reward OF 500 is reported to have bee
: offered by Governor Shallenberger for tn
apprehension of Phillips, and the latter ex
. pressed a degree of satisfaction after be
ing locked up to know that none Of his er
emies would be able to assist in arrestin
him. He seems to bear malice toward
u number of the Florence residents, althoug
n he did not say who they were. He onl
wanted to prevent them from having any
thing to do with his capture, and succeeded