The Alaska citizen., 1912-09-23

that il was the same one which Cooper had optioned 10 C. F.. David. son. William Holman. negro. then took the stand and told Of how he, Smith and Cooper had worked "a three-way partnership in the ground owned by Wimbish and used by Cooper after the lattcr's disap- pearanCe. Cooper told the witness that Wimbish had gone to the Chandlar. At ten fifty-three Harry Jordan took the stand. He said that Cooper wanted him to work the claim on Gilmore as a partner, and that in October he had said that he was going to buy Wimbish out. In November. the witness testified. Cooper said to him. q got rid of Wimbish and l want you to come out Cooper did not say at that time where Wimbish had gone. al, though he later told the witness that he had gone to the Chandlar.
 MAIL, GUN AND CLOTHES.
 At the Gilmore postoffice accord. ing to the testimony of this witness there was a letter addressed to Vim bish. but Cooper said that Wimbish had left no instructions with him about the mail and that he would not handle it. The next day the witness saw the letter in Cooper's cabin. and the accused told him that he was about to send it into the Chandlar. In the old cabin formerly occupied by the defendant and Vim bish. the witness found a gun that belonged to the missing man, and saw there sleeping bag and a couple of blankets which Cooper said testified that Cooper had told him that Wimbish would never return to bother anyone at all. The defend ant seemed alright except when questioned about the missing man whom he said had never liked the witness anyway. The witness said that Cooper told him to shut up about Wimbish.
 ANOTHER EXPERT TESTIFIES.
 The government then pressed Dr R. k. Myers, the local dentist. into service to explain about the tooth that was found at the scene of the first fire. Dr. Myers testified. after looking at the tooth carefully, that it had been inserted on vulcaniz- ed rubber plate. He further tes- tified that it was back tooth, and a small one at that
 Following Dr. Myers, George Cole man, manager of the x. C. Co.,. took the stand, and read to the jury the outfit for the winter of 19l0-11 that William Wimbish lod bought of his firm. The total amounted to Sl76.5O and of this nearly all was for food stuffs. At l1:30 Alec Summcrvillc was recalled by the government and asked as to the Russians who were cutting wood near the scene of the discovery of the bones. Summerville testified that they had not started in to cut wood until the 1st of Jan uary, 1911. Recess was then taken until o'clock in the afternoon.
 THE GOVERNMENT RESTS.
 At o'clock Thomas Clark took the stand and testified that Cooper told him in December, 1910. that Wimbish had gone to the Chandlar trapping. and in the spring he had been told by the defendant that Wimbish would never return. Judge Dillon was again recalled. and stat ed over the objection of the attor- neys for the defense that he had found no transfer of the ground on Gilmore creek staked by William Wimbish The last witness for the government, MT. F. w. Hawkins was then called After being sworn Mr Hawkins testified that on the 18th of November. 1910. he. as cash fer of the Washing Alaska bank had paid Wimbish one hundred dol lars. He also testified that Vim bish had other money in his posses sion at the time. and that to the best of his knowledge he also had some gold dust The government then rested.
 PLEA FOR INSTRUCTED VERDICT
 k. F. Roth. an attorney for the defense, then moved that Judge Mu- rane instruct the jury 10 return a verdict of Not Guilty" on the grounds that the government had failed to establish the Corpus De lecti." The lawyer contended that it had not been proven that William