The Daily Alaska empire., 1947-04-14
DEFENDANT
 TESTlFIES
 IN DEFENSE
fCont'hGsc rom FGge One)

character of Planning The con trovcrsy between Stabler and Bcocheyer became so heated over what Brown, a government pen sioner, should be allowed to say, that Judge Harry E. Pratt direct ed the jury to leave the court room until it could be decided what testimony Brown had to offer could be considered. When the jury returned, Brown was per- mitted to testify that flaming was of a violent nature. Following Browns testimony, Judge Pratt adjourned the trial until 10 a. m. today.
 Trial This Morning \ This morning, A. B. Hobbs, a barber at the Baranof Hotel, tes- tified that Planning appeared to him to be dangerous man. i After Hobbs, Attorney Stabler called several character witnesses Ito the stand to testify in. behalf Iof Ashby. Judge Pratt directed that ! only five of the dozen or more \ Stabler said he had would be per mitted to appear.
 | First, came I. Goldstein, Juneau merchant who said that he had known Ashby for at least 55 years I and that he has always been peaceful person. Goldstein was fol- 1 lowed by Dr. L. P. Dawes, who I admitted knowing Ashby for 32 | years. H. R. Van6crLeest said he had known Ashby 33 years and [ Goodman Jensen also said that be i had known him approximately the same length of time. Gus Brown. an ex-prospector, said that he had known Ashty all during the 62 years he had Teen in Alaska. All five testified that Ashby is peaceful, quiet and law-1biding citizen.
 flaming Was Vicious
 Albert Rush, a cook, appeared for the defense to testify that Han ming was vicious and mean-act- ing.
 Jchn Harris, ST, and John liar ris. Jr, also appeared to give testimony surrounding the time immediately following the shoot ing. The Harris residence is next dcor to the scene of the shoo.- ing. Harris. Sr.. said that be heard ..shby declare: That man was a ravinc maniac" Later, ne said Ashby stated: I'm very sorry to have to take life-I don't know the man Harris. Jr.. corroborated portions of his fathers testimony and told the the number of per sons at the scene following the shooting.
 Ashby On Stand
 Stabler called the defendant to the stand to give testimony in his own behalf Ashby said flaming had been arguing with his son, Chick, and that the dead man had taken a short punch at Chick. When that happened, Ashby said was when he told flaming to get out of the house, and that several times during the argument which followed, he yelled Get out, get outl'
 Ashby said he warned flaming but after failing to persuade him to leave the house, he went and got his gun and held it behind him because he was afraid of Han ming. Finally, he told flaming, IT don't want to hurt you, or no man, now, get out At that time Planning started to advance toward him, Ashby testified, and so T drought my gun out in front of me I was scared He was a big man. I expected him to lunge for me. When he got about seven feet from me, I fired He kept coming at me and fired again and stepped aside at the same time"
 flaming relied onto the bed then, according to Ashby. From the bed, it appeared that he was going to come at Ashby again, Ashby said, and so, pointed the pistol right at his head this time,