The Alaska daily empire. [volume] (Juneau, Alaska) 1912-1926, 1923-12-15
ATTORNEYS MAKE
final PL { AS IN
SHOOTING 7 RIAL
Trial Ends Late To-
day : No Justification
Declares Government.

Denying that the shooting of Prem.
tice by Lott had In it any of tha
elements of self defense, l.. O. Gore
Asst. u. S. Attorney. who opened
the arguments in the case in ths
District Court this morning, told thu
jury there had been no reasonable
cause shown for the killing. Lott.
he declared, was armed and pre-.
pared at anytime the opportunity
arose to shoot Billy Prentice, the
opportunity came and he shot.
Mr.. Cores argument began at II
a. m and continued so minutes
At the conclusion of his speech Judg3
Reed took a recess until 2 D. IN
at which time Fl. l.. Faulkner began
to sum up the case for the defense
Mr.. Shoup summed up the case for
the Government late this Afternoon
Judge Reeds instructions were
expected to have been given the
jury by p. IN. and the fate Of
Lott placed in it's hands
Reviewing Evidence
Mr.. Gore reviewed at considerable
length the evidence presented against
Lott. He emphasized the testimony
defense and declared that Winter
had given no warning to Lott against
Prentice that was of such a nature
as to lead Lott to be afraid that
Prentice was going to kill him or
even dangerously manhandle him. He
made no especial plea for a con-
viction for first degree murder. In
this connection, he declared that 1t
was solely a matter for the jury
to say, whether Lott should be found
guilty of first or second degree MUIR
der, or manslaughter. If Lott were
given credit for every extenuation
he claimed. added Mr.. Gore, no other
conclusion could be reached than
that he began firing in sudden
burst of passion. Lott, he asserted,
admitted he knew Prentice had no
gun on him. that he was not afraid
of being killed. The only thing
he could have feared was beating
from Prentice's fists. and that did
not justify shooting, he argued.
Yesterdays Session
At 3:45 yesterday afternoon pre-
sentation of testimony in the case
ended when the Government put in
its last evidence on rebuttai. BY
agreement of the attorneys, Judge
Reed fixed the time for argument
to begin at II a. m. today.
Lott himself was on the stand
under cross examination at the open
ing of the afternoon session. He
said he was unable toaccount for
the holes In his clothing, other than
that they were the results OF ire.
The holes, In coat. shirt and trous-
ers. were on the left side. Lott,
throughout, maintained that he car
ried the pistol in his right hand
coat pocket. not the left and denied
shooting from the pocket.
"Do you remember telling me
YOU shot from the left pocket?' ask
ed Mr. Shoup. "No. sir replied
the witness. He reiterated his claim
that Prentice kept crowding him,
fighting at him and pushing MIN
back toward the wall. He said ne
held the gun at an angle between
himself and his victim as ne fired
the first two shots. He admitted
he tried to free it from too close
quarters and aim it, but said Prem
tice was so close he was unable
TO do so. He said he didn't re-
member how he held the gun as he
fired the third and fourth shots
and didn't remember anything az
all about the fifth and final shot
or in what position Prentice was at
that time.
He said he had shaved Prentice
two days before the shooting ana
that they were friendly at that
time. He said when he went down
to the lower end of Front Street
early in the evening of the Fourth,
he went only to the poolroom ada
cent to the City Cafe. He denied
that he went upstairs to the Nep-