The Alaska daily empire., 1915-02-13
JAPANESE aPAlS@
 NOW TO SEPERAIE


 NOW TO SEPERsJ
 K yamagucht ond F. yamaahite,l paisa a Inc sitkoh Bay cannery be- fore Foreman p Kaiin was shin on April 2t loif. el soon Do separated. Tho former will Do taken south on one of he l.rat hopts to commence his sentence Of twenty yeara in Nc Neil's Ielnud penitentlary 4ema' shita win go to Seattle as free man, tho jury in the case having exonerated him from complicily in the alay'nG by rendering verdict ol acquittel. ai. ter dellbaratlng for 25 minutes in the District Court yesterday
 YamGshita and Yamaguchi arc as unlike as day and night. The former is quiet and pauene; bis featuree are almost bland in expression and alll during his trial he Heemed to bo bored by the proceedings. perhaps due toI his long Imprisonment since the klll-I ine and Inc laet that he had onoe before gone through a tedious triab which resulted in Q disagreement
 On tho contrary Yamasushi has al the fiery characteristlcs oi bis race Younger than Yamoshlta. the man. slayers expression is one of bitter ness. and vindicdyenees although his demeanor may have been changed since sentence was imposed While on the witness stand Thursday Yama- guchl snapped bis answers to the inc terpreter and glared at the men who had successfully prosecuted him last Fall.
 When the verdict was announced in open court at 4:30 yesterday afternoon Yamashita for the first time since hls retriaI started lost his lazinesa. HeI smiled broadly and his eyes olinked their appreciation of the defense which his counsel. Attorney Simon Hellenthal, presented. Yamashita could hardly believe he had been set free and 1t was several moments be fore he realized that he was to leave the prison. Be is for the present staying with the local Japanese col ony.
 Judoo Jennlnaa' Charge
 Tn his instructions to the jury, Judge Robert w. Jennings, wbo presided during the trial, said:
 The grand jury charge that on theI 2lth day Of April ls14 Yamaguchl and Yamashita, at Sitkoh bay in the First Division of the District of ALI aska, did puFposely and of their del liberate and premeditated malice killt one T Kagita by then and there strik- ! ing him over tho head with a ham- mer or other blunt instrument
 Although the two men are charg- ! cd in one indictment with having com-l milted the murder yet they are be-. ing tried separately This is the trial of Yamasbita
 "The real gist of tho charge in thisi case is that Yamoguchi and Yamashita 1 killed Kajita What is said in the incl diclment about Eajlta having beenI killed by being beaten over tho head with @ hammer or other blunt incl srument Is statement of the way iu which he was Killed.
 "It Is the contention Of defendant Yamashita that he was not party to the killing Of Kaiiia-that he only wrested a pistol out Of deceased handsl and that having done so he quilted the atfair-that he wreeted said pis-l toI from Kai.ta for the sole purpose of preventing its use by Kajlta. and not with any design. purpose, or in.i tent of dlsarming Kojita in order that Yamaguchi might tho more easily kill him; while the government contends that they both attacked Kaiita-that they both killed him.
 'If the contention of Che govern ment is sustained beyond q reasonable doubt by the evidence ia the case, iti is your duty to convict ot some one ol the degrees Of homicide but un-f less 1t is 80 sustained beyond req sonable doubt, it is your duty to oc- quit
 Our statute provides:
 That the distinction between an
 accessory before the fact and a
 principal. and between principals
 in the first and second degree
 in cases of felony is abrogated
 and al. persons concerned in tho
 commission of Q felony whether
 they directly commit the act con-
 sttuting the crime or aid and
 abet in its commission, though
 not present. must be indicated.
 tried. and punished as principals
 as in the case of Q misdemeanor.
 "Acosssory' Deienes
 Two men may murder a third and only one of those two men may have actually struck the fatal blow or hayei