The Nome nugget., 1903-06-06
WILL 60 Case of United States
 vs. Jolley WILL END TODAY
Closing Argument Being Made By the Prosecuting Attorney
 --LaSt of Evidence.

Rebuttal testimony in the case of the United States vS J. J. Jolley, charged with the wilful murder of Samuel James on Jan. last, closed yesterday morning at lO:l7 o'clock and the gov ernment rested its case. The remain der of the session was taken up by the defense in submitting the instructions which they wished the court to give to the jury.
 When court convened at ? o'clock yesterday afternoon, Attorney (. D. Murane opened for the government, making an able and exhaustive review of the case from the standpoint of the prosecution. Mir. Murane spoke for more than an hour and half and he was followed by P. c. Sullivan for the defense. Mir. Sullivan also spoke with great force and ability and reviewed the testimony in comprehensive way, reminding the jury that trial by jury had been inaugurated to protect the people from the tyranny of kings and courts. Mir. Sullivan closed shortly after five o'clock and the court adjourn ed until o'clock this morning.
 It was nearly 9:30 o'clock this morn ing before court opened and Mir. Fink immediately began his address. He spoke until after F, when court ad- journed until o'clock. Mir. Fink dis sected the evidence piece by piece. He charged that the insinuations made by the prosecution that Jolley himself had placed the cooked pistol near James, body were wholly unfounded for, said he "there never was an atom of time while those shots were being fired that some human eyes were not upon him." No witnesses had testified that Jolley had made move after firing the hrst shot, or that he had placed the pistol on the ground, and it must be conceded that the shots were fired as rapidly as any man in the west could fire single action gun. Fink also referred to. the cap which covered the gun, claiming as James fell the pistol dropped from his hand and the cap from his head.
 At2o'clock this afternoon Fink re- stunned his address. He will be follow ed by McGinn who will close for the government. Then the judge will de- liver his instructions to the jury, some- time this evening.
 McGinn began his address to the jury at 3:l5 this afternoon and is speaking as THE NUGGET goes to press.
 Wednesday Afternoon
 When court met at 2o'clock Wednes- day afternoon & number of witnesses gave brief testimony for the defense. Among these were A. E. Ronzone and Ira D. Orton, who testified that James showed pistol in the Dis covery saloon last year that might have answered the description of the one produced in court.
 R. Emperly, night bartender in the Second Class saloon, stated that on the day of the shooting James showed him Derringer. Geo. Bradley testified that James was in the Eldorado saloon the day of the affray that he played "twen- ty-one" and that he was in an ugly, threatening mood and abused the wit ness. Capt. Harry Storey, who knew James in Seattle, testified that he was quarrelsome and vindictive and of brutal character.
 J. D. Thagard who testified on Tues day afternoon as to conversation he had with James on Jan. 9, in which James said he was 'going the limit" was recalled and after long argument that portion of his testimony was struck from the record.
 D. w. King also testified that James character was brutal and vindictive.
 Frank Perinet, comonly called French Frank, the man who, according to Lot tie Wilson, had given $500 "boodie money" to James and Jolley made an interesting and amusing witness. In voluble manner, with many Gallic ex- clamations and genuaexions, inter- mingled with some involuntary profan- ity, he indignantly denied that he had ever given money or anything else.
 "What for give money to Jolley?"' he asked. "Jolley nevaire did anything for me, must think I'm 8 d-d fool. He admitted that he spent good deal of