The Washington herald., 1909-05-21

Whether or not a Winchester rife had
blood between it and the floor when It
was found beside the dead body of John
A Mcpherson. in the farmhouse of VIII
liam Jones. in the Bates road. is one OF
the mooted points in the trial of Jones
in Criminal Court No. !. on a charge Of
murder in the second degree
According 10 the contention of the gov
eminent. as outlined in the opening argu-
ment yesterday by Assistant United
States Attorney Turner, Jones fred the
fatal charge from his shotgun, and then
placed McPherson's empty rife beside the
body as cloak to his own guilt. Mr..
Turner contended that McPherson's blood
was spilled first. and the gun placed IN
it afterward, and exhibited the Winches-
ter, with dark red stains on both sides
Of the hreech, as proof Of his argument
To Save His Life.
Attorney George P. Hoover. who. with
Attorney R. W. Wells, Is handling the
defense. declared 10 the jury that Jones
fred to save his own life. AS he ex-
planned the shooting. Jones had sent Nc
Pherson. hired man. 10 the city to get
medicine. and Mcpherson had returned in
e1 intoxicated condition, breathing threats
and defiance on being told by the house
keeper. Ann E. Willard, that the hired
man was IN an ugly mood. Jones. accord
iRS 70 Attorney Hover, took his shotgun
and went down stairs. where he found
Mcpherson struggling with the lever Of
his winchester in an effort 10 shoot
According to Attorney Hoover. Jones
nred IN self-defense. and McPherson's
Tiile. when II fell 10 the floor. was bathed
IN blood from above. but protected a
clean surface beneath il
John Burgess. William Reiser. and John
Basil. neighbors. testified yesterday af-
ternoon that there was no blood under
Meath the rife. Testimony was brought
out by the defense to show that Jones
was sober on Octofer II last, when the
shooting occurred, and that Mcpherson
was intoxicated
An effort OF Attorney Hoover 10 bring
certain evidence into the case from
James r. Thomas, an aged employe on
the Jones farm. was bIocFed bv an oh
lection from Mr.. Turner which Justice
Gould sustained Mr. Thomas had testI-
fed he was in the room upstairs IN the
Jones house when he heard a shot fired.
and Immediately afterward heard Jones
voice calling 20 him 70 come down When
he entered the room below. said Thomas.
be found Mcpherson lying on the floor
pretty vel done for with his f1-
gers twitching slightly as g final evil
dence Of life. He died few moments
afterward.
Mr. Hoover asked Thomas TO tell what
Jones said 70 him when he entered the
room Il is understood the defense
wished 70 show that the accused man
made some remark 20 Indicate he had
shot II fear OF his own life 8Ir. Turner
objected on the ground that the remark
was not part Of the fatal transaction.
and was. therefore, inadmissibIe.
Cases Were Quoted.
Mr.. Hoover quoted cases 10 UNFOLD his
contention that Thomas had entered the
room so soon after the tragedy that
Jones could not have framed up a self
serving statement, and nat the con
versation was part Of the shooting. Jus
tice Gould ruled that the two occurrences
were not indivisible
Among the witnesses for the govern
ment were Dr. Larkin W CIazebrook.
deputy coroner; Capt. Grimm. OF the fire
department. and Ann E. Willard. house
keeper for Jones.
The desk in front Of the attornevs
was filtered with exhibits. among them /
the two guns. the clothes worn by Jones |
on the day Of the shooting. and a whisky /
flask, partly emptied
The government concluded its case. and /
the presentation OF the defense was com
menced- The case viii probably be placeds
in the hands Of the jury late this after 1
noon.