Evening star., 1909-05-20
FIRED TO SAVE SELF
Defendants Plea in Jones Muir
der Trial.
SURPRISE IN TESTIMONY
Prosecution Allowed to Cross Exam
inc It's Own Witnesses.
HOUSEKEEPER ON THE STAND
Testifies That She Heard Mcpherson
Command Jones to Hold
Up His Hands.
HoUsEKEEPER ON THE STAND

III sixteen to one against you,
shouted John A. Mcpherson on Sunday
October IL. last. as he crouched to break
the lever of a Winchester rife in an ef-
fort to shoot William Jones, according
to the story of the defendant, as told
TO the jury in Criminal Court No 1 to-
day by his counsel, Attorney George P.
Hoover. These were McPherson's last
words, counsel said. because William
Jones. fearing for his life, shot him be-
fore he could level the rifle.
The circumstances leading up to the
killing. announced by Attorneys
Hoover and Wells for the defense. were
that Mcpherson. an employe of the de-
fendant. had been s,nt to this city Tor
medicine by Jones. Mcpherson did not re-
turn as soon as expected and Jones start
ed to look for him. He found Mcpherson
in a place near the city partially under
the influence of liquor.
Jones, who had been sick. became too
i'll to walk and was conveyed home in
a Vehicle by Mcpherson. Jones retired
on arriving at home Mcpherson be-
throat of the housekeeper and when she
told him that she would report to Mr..
Jones. Mcpherson declared that he would
also cut the throat of Jones.
Following this threat Mcpherson at
tempted to enter the bedroom of Jones,
counsel said, and after repeated at
tempts. secured admission. telling the
defendant that he desired to secure some
tobacco.
Mcpherson left the bedroom and went
down stairs into a room where the rifle
was kept The housekeeper, seeing Nc
Pherson with the rife. reported to Jones.
who. taking his shotgun. proceeded
down stairs. AS he was about to enter
the room Jones saw Mcpherson in a
crouching position endeavorinG to ex-
plode the rifle. He then shot to escape
bodily harm, 1t is declared.
The Governments Contention.
United States Attorney Turner made the
governments statement of the case, In
which he contended that Jones had shot
Mcpherson and later to aid in his defense
had put an empty rifle near the body of
the dead man. He also stated that there
were two pools of blood in the room,
which. he declared, indicated that the
body had been removed from the spot
where it fell.
DR.. Larkin W. GIazebrook, deputy coro-
ner, was the first witness offered by the
government He testified that the arm of
the dead man. as shown by the charac-
ter of the fatal wounds, was in the usual
position when the shots were fired, The
defense did not cross-examine DIR. Glaze
brook.
Capt. Grimm of the fire department the
next witness. failed to testify as the gov
eTnIl1ent nd0 expected. In answer to a
question as to whether he had detected
the odor of liquor on the breath of Jones
the day of the shooting he answered in
the negative.
Justice Gould allowed the assistant dis
trict attorney to cross-examine the wit
0ess on the ground that the government
was surprised by the witness answer
Mr.. Turner then asked Capt. Grimm IL
he had not told him this morning before
the trial that he had smelled LIQUOR on
the breath of the defendant and the fire.
man answered that he had said he .smelled
something strong. but was unable to say
whether 1t was liquor of linament which
defendant was using for an injured neck
Surprise in Testimony.
Ann f. Willard. the housekeeper, also
surprised the government by her testi-
mony. Mr.. Turner had expected to prove
by her that demand to Hold up your
hands was shouted in a voice recognized
by her as the defendants. The witness
in answer to the inquiry declared she
thought it was McPhersOn's voice and not
Jones voice.
Mr.. Turner then had recourse to cross
examination of his own witness. and
when he asked If she had not told him
1t was Jones' voice she replied, Il reckon
did"
The case for the government will be
concluded this afternoon, and the defense
will probably occupy the entire session
of the court tomorrow. A verdict Is
looked for late tomorrow afternoon.