The Alaska citizen., 1911-03-27

motion was filed on Monday by the plaintiff in the case of Pete ZokoeH vs. Robert Staples 10 strike as to part of the defendants an swer.
 Paul Fisher. defendant In the case of F.. F.. Brown vs. J. C. Smith and Paul Fisher, suit commenced July :, 1908. on Monday filed a sep arate answer 10 the complaint The suit was one brought to set aside a deed The plaintiff alleged that he and the defendant. Smith, and NJ F. Manson. on July Is. 1906, en tered into an agreement for the purpose of obtaining a one-fourth interest in Is. second tier, left limit Goldstream. from Joyce Kennett for the sum of $10.000: that with the intent 10 defraud the plaintiff. Smith on June 30. 1908. made a deed of conveyance to Fisher of one-half of the property, part of which was the property of the plaintiff. In his an- swer filed on Monday Fisher denies that the plaintiff had any interest in or to the agreement made be- tween Joyce Kennett, party of the first part, or the defendant. J. C. Smith. and NJ F.. Manson. parties of the second part, or 10 the prop erty described therein. He says that the sum of sl 900 was paid by Smith and Manson, and denies that the balance was paid by the plaintiff, by Smith and by Manson. alleging that Smith and Manson alone paid. He further alleges that he entered into an agreement with Smith 10 purchase a one-quarter in- terest for $2,30O. and that the agreement was made In good faith without any intent to defraud. He petitions the court, therefore. that his title 10 the quarter interest be affirmed and that the plaintiff take nothing by his action.
 The first witness in the case of thee United States vs. Emil Maurer was called to the stand on Monday morning This was Sophia Nagita, the eldest daughter of the Indian alleged 10 have been slain by Maur- CT Two interpreters were neces- sary to translate her testimony. Beadus. a Nenana native translating
  tongue. and Sam Paul. of the Cinema 10 English. The girl told of how the family came to approach the Maurer cabin. and her eldest broth CT, George. told that his father had a gun on the sled at the time he was fumbling with the lashings of the load and was shot by Maurer. The prosecution closed it's case on Tuesday afternoon. after taking the testimony of Mrs Nagita. c H. Cal houn. the special deputy. who hroueht out Nagi'a's body. and pr. Sutherland A recess was then taken until the next day as the de- fense was not ready with all of its witnesses.
 On Wednesday the defense recall ed the eldest son and daughter of Naeita and thev were questioned as 10 the alleeed robbery by their father of the Maurer cabin They both denied that anything had been stolen from the cahin and thev in- sisted that the underc'0'hes he wore at the time he was killed had heen boupht at Valdez creek. Dr. Pohl gave testimony as to the autoDsv and C. H. Calhoun identified Naei- ta's rife. Undertaken Johnson told Of the condition of the body and the clothing found on it. Toward the close of the afternoon the de- fendant was called to the stand to testify In his own behalf He went into detail regarding the life of himself and wife in the Nenana country and had not finished his story when court adjourned.
 On Thursday Maurer continued his testimony and made a very ia vorable impression with his straight forward story. He detailed the life of himself and wife in the Nenana country and told of the robberes of their cache at Broad Pass com mitted by the Indians. He stated that he shot Nagita because the latter refused to obey his command to hold up his hands. Witness stated that he was certain Nagita was trying 10 get his gun from the sled when he was fumbling with the lashings.
 The testimony of the Indians, Mrs. Nagita and her two children. to the effect that they had stolen nothing from the Maurer cabin was discredited to great extent by the evidence given by Undertaken Johnson and others.
 On Friday the witnesses examined were T. J. Knight, George Knapp, Richard Berry and Mrs. Maurer. Both Berry and Knight testified as to Nagita's bad character. Mrs, Maurer detailed the life of her self in the Nenana country and of the threats that had been made against her by the Indians.
 An evening session of the court was held at which the arguments were concluded and the instructions of the court given. At 10:30 the case went to the jury, and without the loss of minute, verdict was returned from the jurybox to the effect that Maurer was Not Guilty" The verdict was a thoroughly popu- lar one The jury trying the case was composed of the following: M. E. Underwood. Dave Patterson. J. c. Nelson. Henry Johnson. S. J. Casaday, D. Jonas. T. s. Denman, J. A. Jackson. Robert Geis. F. B
 Suit was started on Friday by Dave Yarnell against the Alaska Transportation company to collect on note for $10,0O0 alleged to have been given October 29, 1909, payable July 10, 1910. and signed by John Roman. as president of the company, Frank Bishoprick. secre-