The Nome nugget., 1903-01-14
Bound Over to Grand
 Jury.
fContinued From Pare

All aspAce Jim pulled his hand ont of his pocket like that. with his gun in it.. his Derrinser in it, threw up my hand and says Jim you can't come that on me-" He started right forme. When he pulled that Derrin9er. he dcliber- ately started right for me, probably took two or three steps towards me. 1 think that Jim didn't think l was looking at him, but l Was watching him al the time. And told him. l says
 'Jim, you can't come that on me- [ fired. Then don't know how many times 1 did fire, nor l didn't know whether the man was standing up or laying down, to tell the truth. When shings cleared away 1 seen him lying there, his right hand laid iustlike thi~. and his gun laid little ways-his gun when he fell, you know his gun laid about d foot or $ foot and a half from his hand, then 1 called the attention there of the people, his cap covered about half of it. 1 says there's his gun, and pointed out that man, says there's the man that seen it. asked for his name, but couldn't tell the name after got it. Somebody hollered for adoctor and goes right down to Dr.. Hills place and asked for the doctor; 1 don't know whether the doctor was in or out or what l said. just walked right up and gave myself up to the jail, and gave myself up at the jail.
 Other Witnesses.
 The defense then called Walter Kurtz, who lives in the house ad joining Jolley's on E street. Kurtz told how on Wednesday morning last James came to JOlley's house and abused him shamefully, about $50 Ill the morning. Kurtz said he was transtixed at the language used, which he could hear plainly. JOlley was trying to pacify James. kurtz went to the door & JRmes came out and said: "What's the matter, Jim?" and James replied, "the s--, l ought to kill him." kurtz heard James threaten to kill Jolley during the altercaton in the room. Subsequently Kurtz met James. and .the latter told him that his tKurtzs s) friend had ''done him dirt"
 Carlos H. Fernandez testified that on the evenin. of Jan. , or 6, James had from the police force, and that he would kill that dirty -, or he would kill him." James was in an ugly mood said the witness.
 Acting Chief of Police Walingford met James on the morning of the Sth between l aud 6 o'clock. James told the witness that he was looking for Jolley. He said he wanted to even matters up with him, and he also said he "wOuld get the s- James made these remarks in two different conversations. James had been drink ing "I let James do the talking, said the witness, upon cross examination. Tho prosecution admitted that James, pistol was loaded when picked up, but deputy marshal Davis was called to prove the fact. o. (. Foster testified te picking up the pistol in the street and handing it to Dr. Rininger. The pistol was cooked.
 Then Mir. Grigsby said he would sub mt the case without argument, the court being famaliar with all the cir cumstances. The court, however, de- sired to hear from the attorneys. and Mr. Grigsby said the defense Availed themselves of the plea of self defense, but in order to do this the party seek ing 1t must show that force was not re- sorted to. If the court thought that Mr. Jolley was justified in doing what he did, 1t would be his duty to discharge the defendant. But if sufficient cause was not shown, defendant must be held.
 Fink. for the defense, said that the statute held that probable cause that crime had been committed. was only to oe considered, and in that case only