The Alaska daily empire., 1913-07-25
Defense Rests and
 RebuttaI Testimony Begins


 day yesterday in his own defense practically terminated last night and this morning attorneys for the defense announced that it's case had closed The government at once began putting on testimony in rebuttal.
 The cross examination of MacDon aid took him over and over the incl dents of the fight at Treadwell in which he had shot Jones, and his tes timony before the jury and that given at the cOroner's inquest was compared and re-compared. Some differences were discovered and brought out as to minor details.
 Macdonald was asked questions that would lay a foundation for rebuttal testimony as to his entertaining mem bers of the grand jury and witnesses before it at Skagway at the time of the investigation there; also as to his habits and use of intoxicating liquors.
 Burns on Stand in Rebuttal.
 T. c. Burns, a member of both the cOrOners inquest jury and the Skag- way grand jury, and a former cigar maker of Douglas, was the first wit ness for the prosecution in rebuttal. Burns testified that the testimony of Mrs. Marks, Anna Hain, now Olson, Carl Erickson and L. F. Keist, given in this court, was practically the same as that given by them before the Skagway grand jury. Burns refused to make any statement accusing the other eight Skagway jurors who have testified in direct opposition to this of perjury. These eight John T. Spick- cit. Oscar Holme, J. D. Carroll. R. NJ. Becker, H. J. Lynch, Andrew Petrie, Peter Tierschild, and J. M Tanner testified a few days ago that Mrs. Marks, Anna Hain, Erickson. and Keist told the Skagway grand jury that they had seen absolutely nothing of the shooting itself, but had only heard it and seen the men separating, Jones staggering toward the the hy- drant and Macdonald going toward his office
 Burns, on cross examination, said that there had been some little trOu- ble between Gen. Friedrich, the pros ecuting attorney, and Anna Hain, while the latter was on the stand, but could not recOllect the nature of the trou- ble. Burns said that he wanted more complete testimony and was told by Freidrich, Burns. you'd better lay down." He did not remember the number of times Anna Hain was re- called but did remember that Keist, was interrupted by several grand jur- Ors no names mentioned.)
 The witness denied emphatically any animosity against the defendant, but admitted that he had urged Judge Ly- Ons and Prosecuting Attorney Boyce to bring up the case several years ago. He also denied that he had made a statement to Peter Tierschild, of Sitka, in which he is alleged to have said, after the adjourn, ment of the Skagway jury: Mac Donald has got away this time but I'll get him yet" or that he made a statement to Mrs. Steibler, a form employee of his, that he would never let up until he had Joe Mac DOnald's neck"
 Burns has also testified that Frank Bach had tried to get him not to at tend the grand jury. On cross exam ination, he admitted that Bach had only suggested to him that he would lose money by going there, and had of fered to speak to the judge if Burns wanted him to do that.
 The direct and cross examinations of Burns occupied all the forenoon.
 MacDonald's Amplified Story.
 Joseph Macdonald, who was on the stand all day yesterady testifying in his own defense, followed up his story of the shooting and the incidents that lead up to. it, with an account of his mental attitude toward the victim the incidents that followed the shoot ing; his exoneration by the coroner's jury and a grand jury; his departure from Alaska, his life in Portland. Ore gon, where he lived for a few year. in home that he had purchased; his going to Mexico, where he is at the head of three mining companies that employ 5000 men; his frequent visits to Pacific Coast cities and the bis cities of the East; the publicity tha has been given his work in Mexico by the mining and other papers; his cor respOndence with Alaska people; hi! notification of the fact that an indict ment had been found against him a Juneau; of his efforts to hasten in: txtradition papers; of his oppOrtuni ties to escape at any time; of his send ing the company's lawyer to NeXicC City to get matters hurried along sC that he could get away to the United States and face his accusers: of hii nominal arrest but lack of restraint