The Alaska daily empire., 1913-07-26
Ind of Macdonald
 Case is in Sight

1 had been there he would probably have seen it; that Jones' gun, which was handed him by the defendant af- ter Jnoes was carried into the store, had no blood on it.
 Rogers stated that the berry bush es in Mir. Kinzie's yard were sparce and straggly and denied MT. Kinzies statement that there were three rows of bushes next to the house all of which were at least six feet high and a thick hedge of bushes next to the fence. (This testimony was offered to show that it was possible for Anna Olson to see the shooting from the window. Counsel for the defense here interrupted with the objection that MT. KinZie had been called as the first witness for the prosecution and having said that these bushes were so located, the prosecution must stay by this statement Judge Brown over-ruled the objection.)
 Rogers acknowledged that there were bushes three or four feet high close together next to the fence. On cross examination he said that Jones was irrational on the subject of clos ing down the Treadwell mines on Sun day. Rogers testified that he was ab- solutely indifferent as to the outcome of this case but acknowledged a little ill-feeling against the defendant caused by the latter accusing him by letter of a shortage in his accounts five months after leaving the employ of the company, which accusation was absolutely false.
 Folsom lmpeaches Heber.
 Judge H. H. Folsom, assistant pros ecuting attorney, testified that he re- called Fred Heber's statement made in District Attorney Rustgards office at the time of the December grand jury, in which Heber did not mention Mrs. Marks name. (Heber in his tes- timony of Wednesday said that when he was running toward Douglas for a physician for Jones he passed Mrs. Marks we'll on her way to Douglas) Judge Folsom admitted that he had not been in the room during the en- tire conversation and that Mr. Heber might have mentioned her name when he was not there.
 Mrs. Gordon Saw Mrs. Marks There.
 Mrs. Ellen G. Gordon, now a resi- dent of VashOn Island, Washington, and at the time of the shooting living on Douglas Island testified that she heard shots fired from where she was standing at the foot of the steps lead ing to her own home on the hill south of the assay office but could see noth- ing of the shooting; that she walked about 75 feet and saw Jones on the Plaza; that she saw Mrs. Marks and Ia little child standing near the Tread we'll store; and that Jones had on a medium dark gray suit.
 Mrs. Gordon said that she knew Jones fairly we'll and saw him every Sunday at church. She had heard that he was opposed to any work in the mines on Sunday, but had never heard him make and threats against MT. Macdonald or an, one connected with the mines. Mrs. Gordon claims to have seen Jones on the morning of May 14th, less than half an hour be- fore the shots were fired, whittling a stick in front of the store. She stopped and spoke of the weather and other incidental topics to him and ob- served nothing out of the ordinary in his manner
 Jones Thought We'll of Mckinley
 Judge Lyons was put on the stand for a few minutes and testified that he had talked with Jones in the fall of 1901 as to his sentiments in regard to the Mckinley assassination and that Jones said he considered the ex-Pres- ident very good and kindly man.
 Cross examination by MT. Helen thai brought out the fact that if Jones had been in favor of the assassination he would probably have been removed From his federal office of deputy mar shal.
 Mrs. Tubbs Contradicts Witnesses.
 Mrs. Virginia V. Tubbs, whose hus- band was manager of the Treadwell boarding house for many years, tes- tified that she had heard the shoot ing from her bedroom window; that she had gone upstairs to comb her hair, had stopped to raise the window, while there saw Mrs. Macdonald standing at her bedroom window on the first floor with the curtain pushed aside (Mrs- Macdonald said she was up stairs) that while watching Mrs. Macdonald she heard a number of shots, in rapid succession, saw Mrs. Macdonald run down the steps lead ing from the house, heard her scream and saw her fall in a faint; that from | this window she saw most of the plaza; that she had seen Macdonald going home five to fifteen minutes af- ter the shooting; that MT. Tubbs had come to her from the store to tell her to go immediately to see Mrs. Mac Donald and that she had done so;