The Alaska daily empire., 1917-05-19

ping his own gun and ran for the doorway He could shoot better from the hip than most men could from the shoulder, and as Faggus was just raising his gun, Hale fired.
 It took several minutes for Hale to recover himself and find that he was not in a dream. But on receiv- ing no response when he shook Fag- gus, he realized the terrible truth. He went out into the open air, half in a stupor. The thought ran through his mind as to whether he should skip the country, cover up his deed, or commit suicide After few minutes, he decided to give himself up to the authorities. Upon him doing so they immediately put him under guard. After poor Fag- gus was laid to rest, they sent for lawyer at Hale's request.
 That day, the attorney came to as James Preston. The two had a 1 long talk over the matter, and when 1 Preston went away that night he had all the facts clear in his mind. and had assured Hale of his free dom.
 The next day, the court held a i hearing of the case and it was de- cided that it be tried in two weeks During the intervening time, Pres ton worked night and day. He Dor rowed all the available medical books on the brain. and finally evidence which showed threats that Faggus had made against Hale. l It was the day of the trial. The court house was packed, for all the miners and prospectors of Snowgulch 1 turned out to see such an unusual event. The prisoners face showed a worn and haggard look from his two weeks of anxiety and agony though also faint flicker of conf dence The regular orders of the court proceeded and the first wit ness was called. This was the dep uty marshal who had taken several men up to get Faggus. "Mr. Jones, where was the body lying?" asked the District Attorney 1 "It was lying in the middle of the room."
 "Was there gun lying near or with it?"
 There was not"
 That's all'; and after the Dis trict Attorney finished his case Preston called the doctor who had held a post-mortem investigation on Faggus head
 Doctor, what was the most prob able cause of the death of the de ceased; the hammer blow or the bullet wound?"
 "In my opinion. it was the bullet wound. because the hammer blow was not sure death and the bullet was"
 After examining this and other wit nesses, Preston called one of the other men who went to get Faggus
 "Mr. Borwning, where was the body lying when you entered the cabin?"
 "It was lying within three feet of the wall where the gun rack ! was"
 Was there gun lying near the deceased?
 "Yes. One hand was still clench ing it."
 The other six men who went t( | the cabin besides the deputy mar shall, testified in like manner. Among the other witnesses, was the clerl of a hardware store, who testified tthe following:
 About three weeks ago. Hale an( Faggus came into my store. Hale went to one end of the room ant appeared to be looking at some cool stoves. Faggus asked to look al one of the pistols that was in the showcase. l showed it to him ant he grabbed it and tossed it up 1T the air, bringing it down and catch ing it, at the same time with a per feet aim. It was really very def and he said. Pretty good at it. eh That's the way I'll get the old man, meaning Hale. That's all I know about it."
 Two other men testified that Flag gus had made threats on Hale's | life in their presence. Then the two lawyers made theil arguments. The judge also gave his | instructions to the jury; stating that as the defendant entered 6 plea of self-defense, it must be ta ken into consideration. and that il the prosecution had not proved be yond a reasonable doubt that he was guilty, then he was not guilty. The jury went out and took bal lot. but could not agree. Seyera ballots were taken, but no decisio. was reached until nearly midnight The next morning the clerk read tht following verdict: We the jury find the defendant not guilty" The next day when Hale wen home, he read the letter from tht land office. It gave him the whole claim, twenty acres.