The Daily Alaska empire., 1948-02-03

BULLETIN The Government
 rested its case at 2:30 o'clock
 this afternoon and the defense
 opened its case by placing
 LaMOore immediately on the.
 stand in his own defense.
 A signed statement, attributed to Eugene LaMoore, was introduced as Government Exhibit No. 4 and U. s. District Court today where LaMocre, a -year-old tall, slender colored man, is on trial for the first degree murder of groceryman Jim Ellen on Dec. 22, l946. The statement, which was made to Deputy U S. Marshal Walter Hel- Ian and Juneau Attorney H. L. Faulkner. was presented by U. s. District Attorney P. J. Gilmore, Jr. Defense Counsel Henry Roden objected to entry of the state ment on the grounds that it had not been proved to be voluntary statement made without coercion, promises or threats, but Judge George w. Folta overruled the ob- jection on the grounds that govern ment witness Hellan had already testified as to it's being volun- tary.
 The statement told of LaMoore having lived in Juneau since 1922 and having known Austin Nel- son for about four years. Nelson was convicted last year for Ellen's murder and robbery and was sen fenced to be hanged. His execu- tion was stayed pending the com pletion of LaMoore's trial
 Loaned Nelson Gun
 Hellan read the statement to the jury. He said that LaMoore ad- mitted talking to Nelson at Black ie's Bar on the night ot Dec. 2l, 1946, and that Nelson had suggest ed robbing Ellen. LaMoore claim ed that Nelson had made this same suggestion on several previous occasions. He said that he loaned his .32 Colt automatic pistol to Nelson for the robbery, but re- moved the ammunition and pleaded with Nelson not to kill Ellen.
 They stopped at the home of Frank Pineda enroute to Ellen's store, according to LaMoore's state ment. When they arrived at the store, they rapped on the window and LaMoore masked his face with a handkerchief. Ellen let them in the liquor store at 12:45 a. m. and Nelson then showed LaMoore's gun into Ellen's ribs and said this is stickup."
 LaMocre claims he waited in the liquor store as a lookout while Nelson and Ellen went into the grocery store through a connect ing door He said he heard a scuffle and then Nelson returned and took all of the currency out of Ellen's liquor store cash regis ter. He then returned to the back room where LaMoore says he heard the sound of running water.
 Money Is Split
 LaMoore claimed that Nelson left by a rear door and met him in front of the store. He said they went via the Seaview Apartments tc the Alaskan Hotel where they entered a lavatory and locked the door He said that Nelson threw the money on the floor and they then split it up. He says that his share was less than $l,000
 LaMoore said in his statement to Hellan that he got blood on his tan camel hair overcoat when he brushed past Nelson to get his money, and that he got additional blood on his new brown hat when he again brushed against Nelson when he leaned over to pick up his money from the floor
 The accused man declared that he burned his hat and rubbers in his stove because there was blood on the hat but none on the rubbers which were burned acci- dentally. He first said he threw his coat in Gold Creek, but Hellan said that he later changed his story and claimed to have thrown it from the Douglas Bridge onto a floating piece of ice which car ried it down the channel
 Gun Not Loaded
 LaMoore also told Hellan that it was his intention only to rob Ellen and knock him out if nec- essary with the butt of his gun, which he left unloaded so that Nelson couldn't kill him.
 Describing the conditions under which the statement was made, Hellan declared that LaMoore had orally confessed his part in the holdup to him and asked that Faulkner te present when he made a formal statement. Hellan said that he warned LaMoore that he did not have to make statement unless he wanted to.
 Hellan also told the court of his investigation ot the murder. He