Valdez daily prospector., 1912-05-07

i shooting the Alaska Home men ! held a sort of mass meeting out side the canyon and decided to go inside.
 The facts of the succeeding oc- currences are disputed, the Alas ka Home witnesses claiming that they went in peaceably, equipped only with picks and shovels. They were headed by a party of lOcat- ing engineers carrying their in struments. The Guggenhcim sympathizers claim the Alaska Home men were q riOtouS mob, threatening to drive out the Oth- or company. IL is agreed that the Alaska Home men struggled along in small squads. They numbered about i}0, according to the time keeper.
 When the first squad of Alas ka Home men passed through the cut Hasey began shooting. One men, Chris Rheinhardt, was mOrtally wounded, and four Oth- CTS more or less seriously. John Phillips was shot in the lower back after he had started to run away.
 In March, 1909, Phillips, brought an action against the Copper River and Northwestern for S25, ,O0O because of his injur- ies. Until that time it had seem- ed doubtful whether the company could be held for Hascy's acts. Hasey was indicted by the grand jury at Valdez in Janutry, 1908, for murder in the second degree for causing the death of Rein hardt, and in four cases for as sault with intent to kill for wOunding the Otherf our men. A change of venue was taken to Ju- neau on account of prejudice at Valdez against ITaSey. He was tried on the murder charge and acquitted at Juneau in the spring of 1908. A year later he was ti h'h tt chil'uu TUT NDullll1lS John Phillips and convicted and sentenced tn IS months in the pcnitentiary at McNcirs island, which he finally served.
 In the second trial al Juneau George C. HaZrlrt admitted arm- ing HaScy with rifles and anmu- hilton and giving him stringent instructions as to holding the canyon. The precise nature of these instructions iS known on ly to IIazclrt, lIasry and others who may be in their confidence, but the company has been final ly held responsible for IIascy's acts.
 After long delay inc Phillips acliOn for damages was transfer red lo Seward and tried there in August, 1910. The jury returned a verdict for 5000. Judge CuSh- man held inc amount too large and nrdcrrd a new trial unless the attorneys for Phillips agreed to accept a reduction fn $i0,O0O. They promptly accepted, being well satisfied with $iO,OOO. Many months afirrward one of the .jur- nrs sad to one of the plaintiffs < attorneys, That shot in the back added about $5,0OO lo the vcr- dict
 The Copper River and North western appealed to the circuit court of appeals and the case was argued at San Francisco May i5, i9it' before Circuit Judges Gill bert and Morrow and District Judge Hanford. The long delay in rendering a decision is unusual.
 In the trial of the case at Sew ard Phillips was represented by F.. E. Ritchie and l.. V. Ray, and the Copper River and Northwest ern by Brown & Lyons. In the appellate court the case was ar gued for the company by MT. San- ders, of Bogle, Merritt & Bogle, of Seattle, and for Phillips by F.. E. Ritchie and William A. Barn hill of San Francisco, formerly assistant district attorney at Ju- neau.
 John Phillips has been living at Seward for the past three years. He is unable to perform hard labor and supports himself by small jobs and fishing. He is industrious and sober and well liked by all acquaintances. By birth he is a Russian Pole, the name he carries here having been anglicized from Ivan Philippe. He