The Nome nugget., 1903-05-30
WOMAN APPEARS.
(Continued From F.. ge 1.)

frade ana miner Dy OccupatlOTL he has been in Alaska three years. He knew James by sight, also Jolley. On the day of the shooting he had been visiting friend on B street and came running around the corner to Front, when he noticed some men down the street: he looked up and saw q man shoot: then he shot again. Kerr was somewhat mixed as to the position of James, and did rot extricate himself. James fell. he said, at the first shot; he threw up his hands: things happened quick. Witness was B or 10 feet away. He heard Jolley say, "You saw this:" didn't know whether he meant witness or Mcintosh; he saw a revolver partial ly covered by cap about ten feet from James body Witness was shown the Derringer, but could not identify it. Witness said, ''boys, let's pick him James, up and carry him to where we can get q doctor." Jolley started away several times. but came back; he didn't see revolver in James, hand: witness might have been 30 feet away when the shooting occurred; Jolley was white but otherwise calm.>
 Cross examined, the witness said he was 30 or 40 or 90 feet away: it was showing and blowing hard; he wasn't paying any particular attention to any, thing us he went down the street; there were two, three, four or five people on the street when the first shot was fired. He had been subpoenaed by McGinn himself. Detective Cody had gone to his house and talked with him about the case. He had also told B. OReilly and Barney Gibney about the case, and they had told him to keep quiet. Me Ginn had also talked to him. He saw nothing in James, hands; the shots were fired rapidly Jolley pointed to the re- volver which the witness said was Il feet away, nearly opposite James head.
 The next witness was B. T. Spalding, an engineer on the Summit claim. Mir. Spalding was near the Dexter or War wick when he heard the shots. He passed James and Jolley, the latter be- ing ahead, James just behind. One of them stepped aside to let him pass. He had gone 30 or 40 feet when he heard the first shot, then the second and the third, just as he turned around. The first and second shots were close. to- gether and there was a longer pause be- fore the third was fired. He didn't hear Jolley ask for anyone's name.
 James McCoskrie. witness at the preliminary sxaR ipatl S(the next witness. His testif7yQ) 0Olgl S1bstap- tially the same as at that examination Jolley's manner generally was not ex- cited. he said; he talked nationally to witness. Witness saw the gun lying with the handle turned to the south west, partially under cap. Jolley never moved from the time the second shot was fired, so far as he knew. He stayed there until Dr. Rininger came The gun lying near the ecapwas cooked Jolley pointed to the gun when witness came up, aad asked, "what is this?" Jolley said, ''he pulled the gun on me and done him up."
 Albert Wile's testimony agreed with that given by him at the preliminary examination.
 M. 1E: Sullivan testified as to the length of time between the shots. He said there was slight interval between the first and second, little longer be- tween the second and third
 o. c. Foster told of picking up the revolver and letting the cock down and then handing it to Dr. Rininger and w. F. Howe testified as 10 the location of the revolver.
 Yesterdays Proceedings.
 Dr. Derbyshire, who conducted the post mortem, was the first witness called yesterday morning. He de- scribed the wounds found, one in tho cheek, one in the neck. and the third through the left hand; and also the finding of the bullet in the breast pocket of James, over coat, which was produced in court. The testimony was along the lines of that given at the preliminary investi- gation, but more detailed and technical, MT. Fink making an extended cross examination as to the course of the bullets, etc Many objections were made by the defense to the testimony, but all were overruled. The prosecu- tiOn tried apparently to show that the shot in the neck was fired after James fell, but the witness said the bullet was deaected probably, but he would have to answer the question negatively.
 '.NOw Doctor" said Mir. Murane, "when I talked with you, didn't you say that you thought the shot couldn't have been fired that way?"-that is while James was still standing. The question was objected to and sustained. l Dr Rininuer vas called in kho aftnr