New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-31
RED PHIL" SAVES HIS
LIFE BY LESSER PLEA
Davidson will Be Sentenced
Wednesday for Murder in
Second Degree.
AFFECT FIGURE IN COURT
big Jack" Zelig's Slayer Men
tally Weak - Crime Not
Connected with Any
Other, Says Counsel.

Red Phil" Davidson, who shot and
killed big Jack" Zelig on a Second ave-
nue. car on October 8, pleaded guilty to
murder in the second degree yesterday
before Justice Con-, in the extraordinary
term of the Supreme Court He will be
sentenced on Wednesday. The minimum
term for murder in the second degree is
twenty years Davidson's plea was ac-
cepted after jury had been selected.
Justice Golf wanted time 70 observe the
defendants demeanor and kept a close
watch on him during the hour and a half
that was necessary to choose a jury.
Red Phil's" actions in court supported
the contention OF James W. Osborne, his
counsel, that he was mentally weak. His
pitiable figure was in no way that Of a
gunhghter or desperate character. He
was trembling with emotion, and occa-
sionally big tears rolled down his red
cheeks He kept his handkerchief in his
hand and at regular intervals mopped
his face.
Philip Davidson" said William Penny,
clerk of the court, In solemn tone, do
you withdraw the plea of not guilty hith-
erto made by you and plead guilty TO the
charge OF murder in the second degree|'
Davidson stood for an instant silent
and trembling. Mr.. Osborne patted him
on the shoulder.
Say, Yes" said his counsel
Davidson nodded his head silently. and
the plea was recorded.
1t was accepted on the recommendation
Of District Attorney Whitman Mr.. Os-
borne said he had investigated the case
thoroughly and was convinced it was
what might be termed IA solitary muir
der"-that 1t was not connected even re-
mOtely with any other crime. The very
mention Of the word gang" he said,
drove his client TO Mysteries. Physicians,
Mr. Osborne said, had assured him that
Davidson was Of weak mentality, and he
was convinced he was Incapable OF con-
ceivlng a deliberate design TO KILL
District Attorney Whitman, in recon-
mending the acceptance of the plea, said
there was some evidence TO show provo
cation for the shooting and there was no
doubt that Zelig had struck Davidson In
the face.
At the mention OF Zelig's name David
son covered where he was standing.
Mr.. Whitman closed by saying that al
though he was convinced that In the eyes
Of the law Davidson was sane, there was
no doubt that he was Of low order OF
mentality.
DR.. William Mabon. Of the. Manhattan
State Hospital for the Insane, and DR..
NJ. $. Gregory, Of the psychopathic ward
OF Bellevue Hospital, who examined Da-
wilson with a view to ascertaining his
mental condition, were called to the
stand. Davidson was brought over from
the Tomhs, where he had shown great
fear Of the other prisoners, for the ex-
animation.
Il never saw a man in such an extreme
emotional state" said Or. Ma5on.
Davidson had told DR.. Mabon that while
a soldier In the Russian army he had
received a blow on the head which rem
dered him unconscious. lie was uncon-
scious, he said. for six months, and when
he was able to be about again no found
that he was unusually susceptible TO the
influence OF intoXicants. lie had never
been himself, he said, since the accident.
Or. Mabon and Or. Gregory agreed that
there were no definite symptoms OF In
sanity. DR.. Gregory said that Davidson
seemed TO have no idea why he commit
tod tho crime and insisted that there had