The Burglar Who Asked for Prison, Then Fought to Stay Out

A BILL OF EXCEPTION. The Vashon Island Burglars Will Attempt a New Trial.

A bill of exception was filed in the superior court yesterday in the case on appeal of the state against Eugene Kelly and Charles Amos, convicted of stealing tools and machinery from a brickyard on Vashon Island. Amos is one of the fellows who attempted the last jail break at the courthouse, in which he intended to murder Jailer Monroe in connection with Cowboy Terry. The plot was discovered in time to save a tragedy, and Amos was put in irons. His counsel had in the meantime given notice of appeal, but Amos, not liking irons, sent a note to Judge Humes asking him to dismiss the appeal and to allow him to go to the penitentiary to commence his three-year term. The present bill of exception is accepted as evidence that Amos has reconsidered his determination to go to the pen, and proposes to fight on the appeal and try to escape on a technicality. This bill of exception complains of Judge Humes limiting the addresses of counsel to fifteen minutes and his refusal to allow the defendants to put Justice of the Peace Humphrey on the stand to testify that a witness in the case named John Jacobs had not given the same testimony in the superior court that he gave at the preliminary examination. The state had contended that the prisoner had gone to Vashon Island in a white schooner, having in tow a large black rowboat, and had there stolen the machinery, placed it in the rowboat and returned to Seattle. At the preliminary examination Jacobs testified in substance that he lived at Vashon Island, and at the time of the robbery he saw in the harbor a white sloop towing a dark rowboat. In the superior court Jacobs was subpoenaed by the state, but not put on the stand. For the defense he testified that he did not remember what kind of a vessel he had seen in the harbor, and couldn't say whether it was a sloop or a schooner. The defendant's counsel asked him if he did not testify at the preliminary examination that it was a white schooner. The state objected on the ground that the defense could not attempt to contradict its own witness, and the objection was sustained. The defense then wanted to put Justice Humphrey on the stand as to Jacobs' testimony, but were prevented.