The Alaska daily empire., 1916-10-02
Prosecution Rests and the Defense Introduces No Evidence in
 the Case.
EVIDENCE IS RULED OUT
Judge Jennings Makes a Decision on TeSti- mony Introduced by
 Government.

The arguments h the Kraust
 murder case started this afternoon
 at 8 o'clock in the District Court ant Iit is expected that the case will bt
 submitted Co the jury late tomorrow
 Afternoon. When Judge Jenpmg:
 this morning ruled that certain evI dence about the disappearance 1T lother cases was not admissible. tho prosecution rested and Immediately afterwards the defense rested with out introducing any evidence. The arguments were opened by Assistant District Attorney John J. Reagan
 starting at 8 o'clock. Tomorrow morning Kazis Krauczuhas, attorney for the defense, will present his side og the case Co the sury, 10 be fol. lowed by J. A. Smiser district at' iorney.
 Mir. Eraczuuas, the attorney for he defense, made motion for an instructed verdict, who was denied by Judge Jennings.
 Judges Decision
 Tn a lengthy opinion read from the bench this morning Judge Rob ,rt W. Jennings held that evidence Of the disappearance Of Y. Ersek. Ole Moe, K. YGmmamoto, and Will liam Christie, was not admissible In the trial of Krause for the mur- der of James O. Plunkett
 Judge Jennings dealt with the question at some length and cited a number Of authorities, reading long opinions from some of them. h his opinion, Judge Jennings stat ed it was up to the prosecution to prove these things They must prove that Jas. Plunkett Is dead. that Ed. ward Krause killed him and that the deed was committed with felonious intent, and to my mind there has been enough evidence introduced on all of those points to have the case so 10 the jury Tor decision" he said,
 In stating his reasons for barring out the evidence or the other deaths 6e stated that there are five hard and fast exemptions whereby the might be admitted, but after reviewing all Of the exceptions and the evidence submitted, he held that the evidence offered did not come under any O. the exceptions.
 Cites Good Authorities
 Judge Jennings in citing one au, thority stated that to his mind one sentence was very applicable to the case now on trial, namely. Yet in order to satisfy this demand it is. entirely necessary that the prior act or acts be at least similar" Judge Jennings pointed out that the had not offered 10. prove that the other men were dead, or that they were murdered, but merely that thy were seen in the company 0g Krausc and that they disappeared They offered 10 produce evidence of a similar forgery, 8 similar disap. a similar decoying away Tor the purpose Of getting money. but that they did not offer Co pro- iucc any evidence that the defendant was responsible or that he brought about the disappearance. They don't offer 10 prove that they were mur- tered. but only that they disap- oeared
 "If I should let this evidence in,
 should have 10 instruct the jury. .o disregard it for any purpose ex. ,ept to prove in killing Pluukett, md the jury, in order to apply 1t to l his case. would have to infer from evidence that those l nen were killed by Krause and then 1 hey would have to infer that fur. her thcrctrom that because of that act. Plunkett had been killed by 1 irause.
 "I think it would be exceedingly | doubtful and dangerous to allow this 'vidence to be introduced" he con ,luded