The Alaska daily empire., 1913-07-22

trial, admitted before his death that the shooting was his own fault, and that he asked the Lord to care for him, was again testified to this morn ing. The witness who gave this evi- denee was R. A. Kinzie. superintend- ent of the Treadwell mines. Mir. Kin zie was assistant superintendent when Macdonald was superintendent. The testimony of Mir Kinzie was introduced as a part of the proof of the defense's claim of self-defense. Testimony on this branch of the case was introduced yesterday afternoon and this morn ing. Dr. l. Fl. Moore, Hospital Assist ant John Luddens and Undertaken A. N. Church all testified to the condi- tion of the body, and the powder burns that indicated that the men were close together when the shooting occurred. Moore and Luddens testified to seeing blood on MacDonald's clothing, to show that the men were in actual con tact at the time of the struggle that it will be attempted to prove took place.
 Powder Burns Tests Made.
 The defense this morning introduced testimony to show how close 1t would be necessary for a gun to be to the object in order to produce powder burns. The testimony was in the na- ture of a practical test made by B. l.. Thane, H. J. Raymond, B. M. Behr- ends and James McCloskey. They took a side of fresh pork, covered it with one thickness of woOllen, one of cotton and one of blue serge cloth ing similar in thickness as that the testimony shows that Jones wore when he was shot, and fired into 1t with revolver at distances of two, four. six, eight and ten inches. It was shown that the wounds in the pork made at distances of two and four inches were powder burned, that at six inches very slightly so. and those at eight and ten inches were not burned at all.
 All the men named as having made the test, swore as to the manner they made it, etc. The piece of pork was in- troduced in evidence as an exhibit.
 Kinzie Ttakes Stand. R. A. Kinzie then took the stand. He testified that he did not see the shooting, but heard the shots, and was on the ground shortly afterward. He saw Jones after the latter had been taken into the store and laid on a counter. and he says Jones was alive and talking The most of his talking was in the nature of prayers to the Lord to care for him. He said, also, that Jones had said that the affair was all his own fault. He did not re- member the exact language of Jones, but he was positive as to the purpOrt of what he said.
 lmpeaches Mrs. Olson.
 Kinzie also testified that Mrs. Anna Olson, who testified for the govern ment that she had seen the shooting and that the men were not touching each other and that Jones had nothing in his hands but a stick, which he was waiving, had hold him, Kinzie, that she had not seen the shooting or the men at the time of the shooting.
 At the taking of the noon recess the cross examination of Kinzie was in progress. The government was hay ing him identify points on the map of the grounds where the tragedy had Oc- cured. and as to the occupants of the nearby buildings.
 Introduce Self-Defense Testimony.
 J. H. Cobb was the first witness to give evidence to sustain the cOnten- tion of the defense in the Macdonald case that Jones attacked Macdonald with a gun before the latter shot him. He said that he saw the gun that it was alleged that Jones had at the cor Oner's inquest. He had previously tes- tified that he saw blood on his (Mac- Donald's) sleeve and cuffs and coat front, and drop or two on his pants" He also testified that at the time of the coroner's inquest no one question ed that there had been a struggle be- tween Macdonald and Jones before the shooting. That one eyewitness to the struggle-Tony A. Tubbs-testi- fled at the coroner's inquest.
 Dr. I. H. Moore testified that the wounds on Jones were powder-burned, that the bullets that were fired in the body ranged upward. This testimony was offered to show that the men were close to gether when the shots were fired
 Dr. Moore said that he had made two examinations. One of them was in the hospital before the inquest and the other in the dead house next day. At the latter time he probed the wounds. In addition to a wound above the hip and one in the chest, there were wounds in both arms. He said that the wound above the hip ranged inward and upward, and showed the most powder burns. He said the wounds in the arms had not broken any bones.
 pr. Moore also testified that he saw