The Nome nugget., 1903-06-06
WILL 60 TO JURY.
(Continued From Page l.

I know him." Witness again saw James on the evening of Jan. near the Hub saloon. and James handed him a key and his police star, which witness gave to Officer Finnega who was present.
 Witness met James next day about 2:30 in front of the EldOrado saloon. He said, "how do James, and he an swcred: You ----, if ever l hear you mention my name again, I'll kill you like Gog." Witness asked him what he had dono to him, and then started on westward, James stepping to his side saying, 'I'll kill you; Pm go- ing to kill you" Jolley changed sides and James continued: You -, I'll blow tha.belly out of you.now;" and he made q movement with his gun in his pocket which Jolley said he could feel. Witness thought James would go into the Hunter. but when that place was reached he did not, but said, T'm go- ing to kill you, anyway; get out there and tight.' Jolley asked him what was the matter with him, anyway He dare not say anything more; he knew James would kill him if he did: then he saw Mcintosh. who wanted to S9e him about lost dog; he was glad to see him: witness sheared off from James. but kept his eye upon him. He went toward McIatosh, and had no intention of retur ainSto James.
 As witness spoke to Mcintosh, James started to get behind witness; Janns took about two steps. and Jolley said. James, you can't come that on me. y James had his Derringer out: witness pulled his gun and fired; ''after the first shot James kept coming towards me- said the witness, and he fired , again. ''Really I didn't know how many shots 1 fred he said "but after 1 wards I ascertained fired three. v James was fully l5 feet away when the shots were fired, but witness didn't know at the time. After he stopped firing he saw the Derringcr lying on the ground about foot and half from James right hand and probably three or four feet from his head. Men came running up. and he pointed to the gun and to Mcintosh, who, he said, knew all about it. Some one said, ''get q doctor" and he started for Dr. Hills: then he went to Judge Reed 5 office and then to the federal jail, where he gave himself up.
 Witness denied positively that he ever divided up any money with James or anyone else. ''I ya&none to divide, he said.
 He had never taken any man to James cabin. as told by Lottie Wilson, nor had he talked at any time with James in Lottie Wilson's presence. He had only been at the door of James cabin but twice, once last fall, and again when he told him he had been laid off. He did not enter the cabin either time, and never saw Lottie Wilson there.
 Sullivan-''At the tire- you fired theseshots you believed your life vas in danger?"
 Witness-"Yes.'
 "Did you fire these shots at James with any other design or motive than that of protecting your own life:"
 "No sir, l did not, and was sorry enough for that"
 On CrOss Examination.
 On cross examination by the prosecU. tion, Jolley denied that Lottie Wilson had "threatened to publish him in the Gold Digger::" he had never met Lottie until she sent for him. "I really did not believe the charges she made against James," he said 'but had tC suspend him while I made an investi gation."
 | McGinn wanted to know if it would not have been the proper thing to in- vestigate first and suspend afterward "No sir" said the witness. Witness told in detail his different meetings with James after suspension; he told him that he was still drinking and was not helping either himself or witness He investigated the charges and found where James had bought two tons O. coal, and he didn't see any object ir James stealing it. Once James said tt him ''this thing about Lotsie going tt Warren and publishing me is all rot and whoever says she is. is lying -" Witness said "all right Jimmy and walked away. Witness said i, was hard to tell when he first saw James Derringer. "I never had such d pistol in my lfe." said the witness He then detailed his final meeting witt James as given above: he saw Dave Gilchrist and Homer Benson in front Of the Eldorado, and others. but didn' notice who they were.
 McGinn asked, "did you sec Spald ing?" Ia witness) and Jolley replied John mans mind in time like tha, is not in condition to remember