The Daily Alaska empire., 1947-04-14
DEFENDANT
 TESTIFIES
 IN DEFENSE
Trial of Pioneer in Shoot ing of Stanley flaming
 in Federal Court

iitNhiao tSliDy, plOltHf, IS on
 trial in the Federal Court before Judge Harry E. Pratt on a second degree murcsr charge in the death
 of Stanley Planning, resulting from a shooting cn the night of Octo- Der 2e, 1045. in the Ashby home on Court House Hill.
 The jury was secured Saturday forenoon, and the case was started
 Saturday afternoon. The govern ment completed it's case at 1 o'clock in the afternoon and the defense called one witness. This morning thc case was re-
 sumed with defense witnesses on
 the stand. This afternoon rebut-
 tai testimony will be given, argu- ments made and tkc case may go to the jury
 Last Saturday afternoon. both the Government, represented by Assistant U, S. Attorney Robert i l.. Booehever. and the defense represented by Howard D. Stabler, made only krief openeing argu- ments and the first witness, Ed :, ward s. Nielsen, was called. Nielsen testified as to hearing an argument between Ashby. his son Chick, and the man Ashby is accE2d of shooting Nielsen re- ported that he was walking past the Ashby home as the argument
 was taking place about midnight on October %. He said he heard Ashby senior speaking to someone, and saying I'm gentleman and I hope you are too Will you
 please leave. this house?" Nielsen testified that the argu- ment was quite noisy, although he he could not lear every word said. During the argument. he
 said he heard Chick Ashby tell his father. Shoot the son of he isn't any good.
 Later, Nielsen said, he heard Chick say again Kill him. Dad kill him During the argument.
 Nielsen said that he heard Tom | Ashby several times tell Planning to ''get out or I'll shoot"
 i Patrclman Testifies
 ! City Patrolman Solon Dcre was
 the next witness for the prose- cution. He corroborated portions /; of Nielsens story and then iden-
 tified the pistol which Ashby is
 accused of using. He said he tock
 1t from the 82yearold pioneers pocket after asking for it several l times. He also identified a pie
 ture of the Ashby home which he i took and which was introduced a. an exhibit.
 1 Ashby is the oldest resident of Alaska still in the territory, hav- ing cone here in 1884. When ar rested he is said to have told police, I'm awfully sorry about this I've never in trouble be-
 fore
 The third witness was Dr. Will ian P Blantcn who gave Han-
 ming medical treatment during his 1 last hours at the hospital Blan-
 ton testified that Hannings death | was caused hy the two bullets and that he had operated on him in , a vain attempt to save his life. i At that time. Boochever endeav-
 oted tc introduce two pictures of Hanning's body, but the court. rul- ed out the second one on Attorney i Stabler's objection Dr. Blanton, upon cross-examination, said that
 Planning had been under the influ-
 ence of alcohol at the time of the shooting.
 1 Officer John Homme, of the Ju- neau Police Department, was the final prosecution witness Satur-
 day afternoon. He gave testimony regarding some of Hannings last words, but was not permitted to give all Hanning's statements
 just those important to the case | The Government rested it's case lat 4 o'clock Saturday and the | defense was able to call only one witness at that time. Stabler said
 that he had not expected such quick action in tfe case and was mot prepared to continue until to-
 day He then called Tom Brown
 to the stand to testify as to the
 (Confinued on Paoe T3roj