The Alaska daily empire., 1913-07-19

whom Macdonald is being tried, was insane and that he had threatened to kill Macdonald if the latter continued to refuse to close the Treadwell mines on Sunday. The witnesses are giving evidence that Jones was a religious fanatic. and that he regarded himself as an instrument of God. charge by the Almighty to enforce the Observ- ance of the Holy Sabath by the Tread we'll mine if to do that should neces- sitate the rmoval of Macdonald, then superintendent of the mine, from earth.
 skagway Juror Continue Testifying.
 Robert NJ. Becker, of Skagway, S2 years Of age, was the last of the ia nous Skagway grand jury that inves- tigated the tragedy in which Joseph Macdonald shot and killed N. c. Jones at Treadwen in 1902 to be called as n witness at the trial of Macdonald that is now in progress at Juneau to impeache witnesses for the prosecu- ton. By a peculiar coincidence he served on both of the grand juries that passed upon the question of indict- ing Macdonald one at Skagway in the summer of 1902, which refused to find a true bill, and the one at Ju- neau last winter which returned the indictment under which Macdonald is now answering before a court and jury.
 From the standpoint of the defense, J. D. Carroll, foreman of the Skagway grand jury made the best witness of all those called to prove what wit nesses had testified to at Skagway, His recollection of the occurrences in and before the inquisitorial body was clearer than that of any of his fellow jurymen.
 MT Carroll said that he was in charge of 8 tug boat about the time of the grand jury's meeting. After he had been summoned on the Skag- way grand jury, and before the grand jury met, he went to Treadwell, he said, to make a contract for towage with Macdonald. He said that he went over the ground where the shooting occurred. but without any intention of using his observation at the grand jury session. Afterward he drew, he testified. map of the ground from his recollection. and from Mrs. Marks tes- timony. traced the way she walked, He said that he remembered that Mrs. Marks had not testified that she had child with her.
 Like the grand jurors who had pre- ceded him, he identified the testimony of the four witnesses sought to be i'm peached, as read by MT. Hellenthal. He said. further, that none of them had testified to seeing the shooting. On cross examination he was asked how often he had been to the sawmill, and since he had been at Juneau on
 
 times. He was aske dto draw a sketch of the sawmill and surround ings, to show his faculty of location. but he declined.
 Robert NJ. Becker also identified the statement read by MT. Hellenthal as the testimony of the four witness es sought to be impeached. In. cross examination he was asked, If, as a member of the last grand jury, he had told that grand jury that these wit nesses had testified entirely different and he said that he had not, nor had he called the attention of the prosecut- ing attorney to it. He was asked if he could remember any of the mem bers of the last grand jury with whom he sat for six weeks last fall and he could remebre only two Asked ifhe could remember any of the other mat ters taken up by the last grand jury, he said that he could not except that he remembered in a general way that there was something about sales of liquor to the natives.
 Legal Battle Over Testimony.
 The afternoon session yesterday closed in a legal battle over the offer of the defense to introduce testimony ending to prove Jones' insanity, and aIlaoad thraatc bo bod ,,codo ooo;,o o4 the life of Macdonald before the lat ter killed him. A deposition was of fered by Clark Miller, now of Oregon, in which Miller declared that he be- lieved Jones was insane, and that he had threatened Macdonald The court ruled when ojection was offered, that it was not admissible unless some avert act on the part of Jones was first proved.
 The defense considered this a very material point, and the jury was ex- cused until the court could hear coun- sel and pass on this and similar testi mOny.
 Court Holds With Defense.
 This morning the court held that the testimony bearing on Jone's san ity and threats was admissible, and the Miller deposition was read to the jury, as was deposition of M. D Henderson, who for several years has been mining in Mexico near Mac Donald sWnro thnA i,,rt hofo.uo AI. z