The Ketchikan miner., 1915-04-29
ANTI-HANGING BILL WOULD
 WOULD SAVE TOW


 ratify the Sulzer bill abolishing cap ital punishment in Alaska. o. Ttow condemned Japanese, whose appeal hfs been dragging through higher courts since March, 1918. could not he enc euted. The little Japanese is s.ir under close guard in the United S-ates iail. He has heard of the bill in the legislature. but il is said he received news of the Senate's endorsener. ot the measure without show of fesl- ing one way or the other. although the bill was fully explained to him
 The Sulzer bin has yet to be finanv acted on in the Senate, although il is as~Ured of passage.
 The Itow case is still fresh in the memory of Southeastern Alaska, for the jury that convicted the little frown man. and recommended that he expiate his crime on the gallows, de liberated for several hours before determining on the death senteree, Y was said.
 History of The Case
 Frank Dunn. an American boy who was known in Toledo. Wash. hired out 10 work in the eanrery crew for -he Northwestern Fisheries company at Duudas Bay. ani came north in May or June of the year 1912. ir company with Nexicans. Porto Rieans and Japanese
 Dunn found conditions intolerable at the eannerv, and II became Inowr that he was trying to run away The Jap bookkeeper took shot at him 10 t,ighten and aissuada him from at. tempting it, but week later Dunn was suspected Of trying 10 get away on boat which was then at the can nery.
 O Tto4. Jap foreman under whom Dunn worked concluded 10 make an example of the white bo7, as. it was alleged. the contract with the company was such that fl one of the crew quit none of them wonli receive any par. He sent two of his countrvmen ID to sha bunkhouse to bring Dunn out. While they held the victim on the grouaI, Ttow thrust an ls-inch sword through him, the weapon piercing the 'eft shoulder and coming out on the right side above The hip. after having passed through the victims body.
 This was the claim of the prosecr tion, which WAS under the directis1 Of John Rustgard. though the detensa represented hv J. H Cobb, had dis. ferent story: claiming, in substance. thas Dann. 2 quarrelsome fellow, hal struck Itow. who recoprocated with ] blow of his scahbard in which the Is inch sword was sheathed, and ther fell en his back down an incline Of several feet; that Dunn fell for,qar | 5n the point of the sword, by thas tine drawn from the seabbard.
 2 Fushimi sFas convicted as heins one Of tha men who held Dunn while Itogv murdered him. and sentenced = D years. He is now in the federal peaitentiary st F. Leavenworth, Kan sas. Nakiyama, suspected of being the second man who helped to hold Dunn. Fss indicted but never cGnyicted, as the~itnesses for the prosecution hal scattered and could not oe located ty the tine he had been apprehended.
 cass Up On Appeal
 The death Of Dunn occurred in Julv, i912. Itow was convicted in Jan, 1915, and the sentence of death passed up- On him in MarcA Of the same year. The case was appealed to the Supreme Court Of the United States, but that tribunal refused to consider t on the ground shat t had no jurisdiction. l. was then submitted on briefs to the Circuit Court of Appeals in Califor- lia, and there t still renaains-Juneau Empire.