The Alaska daily empire., 1921-11-02

one worn by Nelson at the time Of the shooting, the coat having rip beneath the right-hand side pocket which it is claimed was made by the bullet which killed Peterson. Government Rests Case
 The government carried it's case swiftly forward to conclusion this afternoon, announcing at 2:45 D. m. that it rested, having no more direct evidence to offer. Witnesses called during the afternoon session were H A. Dahl, J. E. Elstrom, c. E. Swan son, Russell York and Dr. H. c. Carruthers, the latter being recalled for the purpose of identifying the clothing worn by Peterson when he was shot
 MT. Dahl testified that between and } D m. on September IT he saw Peterson run out of the Lotus pool room, followed by Nelson. The lat ter, he said had a revolver in his hand He testified that he had talked to Nelson after the latter had re- turned to the Lotus, telling him to put his gun up. He testified that he helped pick up Peterson from the alley where he dropped and was lying in an unconscious condition. J. E. Elstrom testified that he saw Nelson coming from the Lotus with a gun in his hand, following Peter son. He also said that he heard Nelson say He won't laugh at me any longer" etc.
 Nelson Made Threats
 c. E. Swanson testified that Nel- son, on Wednesday prior to the l shooting, had come to him and got billy or small wooden club and after securing it, that Nelson had said relative to Peterson, "He drew blood from me and I am going to draw blood on him." adding that Nell son also threatened to get Peterson. He said that Nelson made similar statements to him in the latte,'s bar , Der shop on Friday preceding the shooting.
 l On cross examination, Mir. Swanson testified that the billy was the property of U. s. Commissioner Per kins and that he had told the latter that Nelson had it.
 | Others Hear Threat l Russell York, who testified that he had assisted in picking up Peter 1 son and had carried him to the hos pital in his car said that he had had 1 conversation with Nelson on Tues
 day prior to the shooting, and after fight between Nelson and Peter
 son on Saturday night, September I 10, and that in such conversation
 Nelson had told him that he would Iget Peterson" At the conclusion of MT York's testimony, the govern
 ment rested it's case.
 Motion Is Denied
 Judge Wickersham immediately
 made a motion for dismissal of the
 case because of failure to bring in
 sufficient proof to establish the crime and ''beeause of total failure to eSta DllSh tne Sanlty or the accused | man. He argued the motion briefly citing a Supreme Court decision
 which, he claimed, was in point
 Without argument from the govern
 ment, Judge Reed in a verbal ruling . denied the motion, in effect holding
 that until some showing had beer
 made by the defense, which raised 1 the question of the sanity of the de , fendant, the government was not re i quired to establish that fact. bu r with such a showing made by tht , defense, sanity must be proved be , yond a reasonable doubt.
 An exception was allowed b. t Judge Reed to the ruling. On mo l tion of the defense, the case wa
 continued until 9:30 a. m. tomorrow
 At that time the defense will ope, l Jury Secured Yesterday E The jury was completed in a ses n sion held last night by Judge Reed J. A total of 70 persons were calle, l. on venires before the jury was SC d cured. Those impaneled to try tn case are: William J. Beach, SIar-. 2 Lucas, A N. Butterbaugh. w. | l. Feero, Tom Mccartney, J. M. Shal d ples, R. P. Nelson. John Beck, ( h McCayburn, D. Murphy. Joseph F J. Kaher and Thomas Dull.