The Alaska daily empire., 1920-09-24

about two steps. He then fired Lee kept coming and grabbed the gun. In the struggle that followed he second shot was fired. Lee then secured possession of the gun md ran out of the room Min as
 declared that he didn't shoot to kill Lee, merely aiming to stop him and | Q prevent him from assaultng him | which he believed he was about tl l 10.
 Testifying the quarrel and difficulty | which lead his to being shot by Don l lld c. Mines, Allen E. Lee said that he trouble was caused by Milnes | bringing a woman to the house at Farious times and resented his Lee's) objections. The house was ,etting a bad name, he said. for that 'eason and he, after being approach l d by certain Douglas people about the matter, demonstrated with his partner.
 Uses Violence
 Describing the scene preceding the
 
 seated on a bed in the living room when he told him that he would have 70 stop bringing the woman to the house. Mines, he said, told him that he didn't like it he could go out and live somewhere else. ''It made me mad to think that my partner would throw me down for a woman," he said. He admitted that he called Mines the most opprobious of terms, and when the latter responded in kind, he struck him a number of times in the face. He said he didn't knocked him over on the bed but said q hit him as hard as I could with my open hand"
 Blows Not Returned
 Mines, he said, did not attempt to return any of the blows. merely try ing to defend himself. He said that he weighed about 167 pounds and Mines about 40 pounds. Lee also 'tated that Mines said at the time , hat he didn't want to fight him. | hat he was no match for him. He ! admitted that in friendly scuffles on other occasions prior to the shooting 'le had proven his physical superior
 ty to Mines.
 Milnes Leaves Room
 After he had struck Mines a nun. Der of blows, the witness said thai Mines got up off the bed, partially 1isrobed, and went into the kitchen in the rear of the living room. Lee then followed him into the kitchen and when Mines entered a clothes closet situated back of the kitchen md closed the door, he opened the | door with the idea of going in also and was confronted by Mines with a pistol in his hand Lee said that he retreated few steps out into the kitchen where he was when Mines fired the first shot which struck him
 in the side. He then started for Mines and grabbed the gun with both hands, attempting to push the barrel to the floor when Mines shot him the second time. the shot taking effect in the pelvs He then took the gun away from Mines and went :. out on the street. calling for aid fainting little later.
 Relations Friendly
 Prior to the quarrel on the day of the shooting, he said that the rela
 tions between himself and Milnes f,.io hol
 ated a boat together for the J. H Long canery Mines, he said, had rented rooms on the City Wharf al Douglas and asked him to live witi
 him. each man to pay half the eX nenses. Mines, he said, had paid paid anything, but it was under stood that he was to pay the neX : months rent.
 : Character Witnesses Called : A number of character witnesses : were called by the defense. Deputy Marshal N. o. Hardy said that tn, defendant had a good reputation a law abiding and peacabia eli zen. Others called were H. G. Byers : Miss Rowan. Frank Bach and Franl 2 Feero J. NJ. Adamson gave the de : fendant a good character reputa 2 tion. He also testified that he ha called on Lee while the latte: Wa in a local hospital and talked win 2 not want to prosecute h.m Lee 2 declared. had told him that the shoot 2 ing was "as much my fault as 2 was his (MilnesO". and that he di : not want to prosecute him. Lee : earlier in the day had testified tha 2 he didn't remember any such COT . versation with Adamson. . Physician Called . Dr. l.. p Dawes was called 10 tn stand this morning by the Cover ment to testify to the wounds an other features of Lees injury.