The daily morning Alaskan. (Skagway, Alaska) 1899-1904, 1900-06-03
D[MURRERS IN THE
TRIALS 0F INDIANS
Technical Points in the Ill
dictment
FOR HEARING MONDAY
Jury Now Trying the Suit of Charles
Lind, Who Lost His Right Arm
From the Effects of Blast in the
Railroad Grade.

When the court opened yesterday morE-
ing the Indians charged with the murder
Of the Hortons-that is. eleven Of them,
Mrs. Martha Hansen not vet having teen
arrested-were again brought up, all ex-
cept Hansen to pead to the indictment
Hansen has already pleaded guilty to the
charge of killing Bert Horton and not
guilty as to the charge In regard to the
death of Mrs. Horton. Mr. jennings, for
the ten men indicted on both these counts
when they were cale upond 10 plead. in
trodueed a paper which he did not knoy
what to CALL as it was not a motion to set
aside the indictment nor was it a demurrer.
1t was, in effect, that these prisoners had
not been brought face 70 face with the
members of the grand jury, and had an
opportunity to challenge those membrrs.
Judge Brown remarked that Mr.. Jen-
nings had been engaged for the prisoners
before the case was given to the grand
jury, and if there was any desire to exer-
else the right claimed by Mr.. jennings, it
was his duty to advise them of their right.
He therefore overruIed the motion, treating
it as such.
Mr.. Jennings took an exception and filed
a motion to set aside the indictment and
also demurrer.
Nj. Jennings next filed demurrer in the
case of William Lear, charged with coun-
terfltting, and in the afternoon Mr. Crews
argued this. The argument was on purely
technical grounds, challenging really the
verbiage of the indictment against the
three principals, the principal point be-
ing that the indjctm mt charged two dis
tinct crimes, while according to the stats
utes the grand jury could only charge one
crime in an indictment. The pris ners
were charged with manufacturing spur
ous coin, and also with having such spur
ous coin In their possession with The nien-
ton Of uttsring the same.
Judge Brown resd section Of the stat
utes showing that these two crimes could
be charged eoniunctively and over ruled
the demurrer.
William Lear, the alleged tounterftter,
was then arraigned, and pleaded not
guilty.
A similar demurrer was filed in the case
of the Indians charged with the Horton
murders, namely that the indictment was
faulty on technical grounds, and the plead
Ing on this was set for 10 o'clock on Mon
dav morning.
The case of Charles Lind, claiming
$4,000 for the loss of an arm through a
blast set off by the Pacific Contract COM
pany, was on all dav with the exceptions
of the motions before mentioned, before a
jury composed of Peter r der, E. J. Liddl-
coat, Ed. Andrews, Chas. E. N ltthews j.
J. c, Barber, o. H. Page, Frank M. Berry,
H. c. Tappscott, Eric Fonaas, Theodore
Johnson, J., E. Staey, and N L. Sherry.
Mr. Pratt for the plaintiff. read the
testimony already taken in the case, and
called two witnesses, Otto Restad and
John Hogan, principally to testify that it
was the rule of the Contract company
when blasting to give notice to people on
the Bracket wagon road and In the vicin-
ty OF the blasting generally.
Then Mr.. Pratt took the witness stand
in desire to put In set of mortality
tables to show how much the plaintiff
would have earned If not Injured during
the course of his natural existance.
Mr.. Vim, for the defence. objected that
such evidence was only admissible in case
of death, and In this particular case was
not admissible at all for the reasol that
the plaintiff since his injuries had been
promoted from common laborer to an In
surance agent.
Mr. Pratt said he knew that such test
monv had been admitted an had an ex-
perence Of one hundrad suits for personal
damages.
Mr., Brown saw the hundred cases of Mr.
Pratt and modestlv raised him ten better
for show down He had tried one hun
dred and ten suits tor personal damages
without such evidence as mortality tables
being introduced, and Mr.. Pratt would
have to show his authorities before they
could be permitted in this case.
The iurv and the bar laughed heartily
over the apparent discontinue of Mr..
Pratt on this point, but while the jury
was given a quarter OF an hours recess to
stretch its legs and bask in the sunshine.
Mr.. Pratt took up his authorities. and
Continued Page L.