The Alaska daily empire., 1915-03-10
JURY DISAGREES
 IN SHOOTING CASE

After being out for two days md two nights, the jury in tho Frank Joe
 case was discharged by Judge Jen- 'nings at noon today having heen un- able to agree on verdict t is said
 the jury was even for ocQulttol and conviction
 At n o'clock the jury was brought
 into the court rom, on request to hear the evidence of Mrs. F. 0. Ban. ta and John Fairfield read osain. af. ter the reading they returned to the jury room and In less than an hour sent word to Judge Jounigs chat an lagreement on verdict was hopeless.
 The case has been set for re,aril Mouday. March 18th
 The ease Of Frank Joe is the last Of 9 number of prosecutions resulting from the Hoines riot of Dec 23. l19l4 Charley Mitchell another m. dian was sent to the penitentiary for three years for stabbing Deputy Mar shai w. S. Harding, several other In. dlans were given jail sentences for complicity in it. and Frank Joe's wife is now in jail serving 9 l00-doy sem tonce
 It appears from Che evidence ad. duced at the trial just closed that on the night Of Dec 2s. Frank Joe and his wife went to the moving picture show in Halnes, and after Che show went to store where they drank some hard elder. Learning chat there was small gathering at Jim Kiln oots house. and being in a visiting mood, they repairec to the cousins home where whislcy had previously found its way and where the light and riot began.
 Appropos of the liQuor at the Klinoot home. w. F. O'Shaunnessy Fort Seward soldier. is now serving the re- mainder of a fifteen months sentence for introducing it At the trial of O'Shaunnessy, it developed that he had given liquor to the Indians delib- erately for the purpose Of getting out of the army by the dishonorablc dis-l charge route.
 Deputy Marshal Harding in conn pany with some others, went to the Klinoot house to. arrest the Indians, and his attemtpt to do so brought on | the fight during which he was badly I slashed with knives. Frank Joe. at the beginning of the trouble. tried to escape fro .6the house, was knocked down by a billy in the hands of Hard- ing, and few feet away from the house was struck by Wm Hank and knocked off the sidewalk. according to testimony
 Mrs. Frank Joe. together with sev oral Indians were taken to jall and 1t was, short time after this that Frank Joe appeared on Che street with a rifle which he fired once in ,he direction of bunch of men and then fled
 The main point on which the case Is hinged, was whether or not Prank Joe fired at Harding or some one else for he hit no one Waltor Watts, chas. BerIett and City Marshal John Fairfield Of Haines witnesses for the defense testified that the night was too dark to tell who Frank Joo point ed the gun at. John Olaf witness fer mo prosecution. also admitted that tho man who fired the shot could not plainly be distinguished at the dis. lance of 100 feet
 Commissioner J. ]. Kennedy Wm. Hauk, w. A. Moore, Lewis Gardner Mrs, II. O. Banta and W. S. Harding, witnesses for the government testi- fled in the main that Frank Joe point ed the rifle directly at Deputy Mar 5hal Harding. and that the night was light enough to see this at 100 feet distance.
 The jury trying the case were: P. s. Early Alvin Goldstein. Lee Hud son. Earl Hurlbutt, Paul Kegel, Mar .n Layenik. Loyd Ritter w. S. Mur ohy E. Schaaw, Nj. c. Stewart J. w. Salisbury, oad C. 2 Passelis
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