The Alaska daily empire., 1915-02-11
ALLEGED
 S-AN53S
 ON ST AND

The reappearanee of K. Yamoguchi, ! sentenced manslayer. in court this af- ! ternoon to testify in behalf of the ] defendant, the defendants declaration ! on cross.examinatiou that "By the word of God there was 9 pistol in Kaiitas hand, and he pointed it at Yamaguchi. and several tits between che opposing counsel enlivened the trial today of II Yamashita, accused of Kaiitas murder as the case is drawing to a close. lt is expected that tho case will be in the hands of the jury tonight
 Yomoshita's reiteration that Koilta had gun which he is alleged by the prisoner to have pointed at Yamaeu- chi came in response to Q question of Assistant Prosecutor H. H. Folsom Now don't you know that there was DO pistol in that bunkhouse at an and that you didn't see one.' Judge Fol- som asked. There was, by the name Of God. there was" came the reply
 Was it loaded2"
 or did not examine it, ! think it was loaded" the prisoner answered.
 Pistol AS Evidence.
 Yamashita was handed the pistol which the defense presented as Ex- hibit B, and he showed ,be jury how he had held his finger behind the trig- ger wen said Kaiito was holding the weapon He said that Na3ita waa about three paces from Yamaguchi while he Yamashita was struggling with the foreman
 On Mir HeNenthars redirect exam. nation, the sketch of Sitkoh Bay was produced and. with the jurors gathered about him the defendant again point. ed out the places ho said the witnesses to Kaiita's killing occupied In tho bmkhouse, during the staying.
 District Attorney Reagan oontended that the examination of che map was not redirect examination of Yamashi- ta and Judge Jennings sustained the objection. insofar as the examination related to ground already. covered dur ing direct examination
 Yamseuehi Testifes.
 Yamaguchl took the stand over the protest or the prosecution. Hisystory is practically Che same as that told by tho defendant He said Kaiita had told him. ln the dining room an hour before the killing that he was going to kin Yomaguchi, because You are a saucy fellow'
 On crcss.examination Yamaguchi was asked if he had not testified while be himself was on trial. that Kaiita, after coming into the bunllhouse, had been there seven or eight minutes be- for be drew the gun Yamaguchi said he could not remember having said that. and told the court that Kaiita had not waited a moment after he came into the bunkhouse, until he drew his weapon and said I am go-I ing to kill you"
 Attempts to impeach the witness constituted the cross examination. The witness said he couldn't remember having testified during his trial that he had held Kajita's left arm while he struck him seven or eight times with a hammer Today he said he held Kaiita by the collar while Yama- shita held Kajlta's right arm.
 The witness also denied tbat he had, at 9 conference with the Japanese boys after the killing, produced reyoly- CT and said We must tako this sun to Juneau and say it is the one that Kaiita held'
 Yameguchi will be followed on the stand by Akabane. Yonisaki and Frank Hermit.
 Defendant Tells Story
 While the jury gave eager audience to every word, the defendant told Che story of the killing of Kaiita. in the district court yesterday. Probably through his long confinement and the fact that he is sufefing from rheuma- tism, Yomashito's hand trembled as he raised 1t to be sworn by Deputy Clerk of the Court J. F. Reed The witness answered the questions as put through the interpreter without hesi-t tation. He denied emphaticaily that he
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