The Alibi That Could Save a Condemned Man

The evidence upon which the state expected to send William A. Wilcox to the gallows was all in at 3 o'clock yesterday afternoon, and Wilcox had a chance to smile. Several witnesses testified positively that on the night of September 3, 1893, when Charlotte Fetting was murdered, they saw him in Tacoma and conversed with him. The third day of the trial was less sensational than the second, but Wilcox smiled often, posted his counsel on questions to ask witnesses, and once, while an amusing witness was testifying, was convulsed with laughter.

The most damaging testimony for the prosecution came from Detective Edward Cuddihee. He said that after the first trial Wilcox told him he had been in Ballard between September 5 and September 8, 1893, and had purchased chloroform for James King so King could come to Seattle and “do a job.” Wilcox said he believed King had something to do with the Fetting murder and hinted that a former partner of King's was the possible slayer of old Mrs. Fetting. Cuddihee also said Wilcox admitted he had been to Ballard looking for work, and when asked why he had not said so at the first trial, replied that he had been “a damned fool.”

The defense opened by attacking the state's scientific and identification evidence. Tacoma druggists and bottle dealers testified that the chloroform bottle found in the Fetting cabin was a common style sold throughout the state. O. Fennelson, Wilcox's former employer at a Tacoma box factory, said he was ready to give him another job “as soon as the jury declares him not guilty.” Dr. Emery testified that he had treated Wilcox in 1892 for a private disease, and that Wilcox owed him a bill as well as the drug store where the chloroform was purchased.

The defense then built its alibi. Walter Reese, William Gibson, Dennis Foley, George E. Lawrence, Frank Martin, Harry Irving, Harvey Levy and John Ofterberg placed Wilcox in Tacoma saloons, restaurants and lodging houses on Labor Day 1893. Several described him winning at roulette and gambling, and one recalled him saying he had “just skinned 'em.” Miss Mamie Barry and Lee Marton of the Boston lodging house said Wilcox had a room there, and Marton remembered a bottle with a skull and crossbones label in his room that contained chloroform. Abelsohn, a pawnbroker, testified that tailor Julius Sallinger had told him Detective Smith of Tacoma forced him to swear the bloody suit had been brought by Wilcox, and that a gambler called “Brocky, the Kid” had brought such a suit to be cleaned.

The state's case closed, and Wilcox was to take the stand this morning. The case was expected to go to the jury that evening.