The Daily Alaska empire., 1948-01-22

Rt the tune OI the IOIIIleI blldl Mrs. Brown had been in the Fed eral jail
 Didn't you tell me you were asleep and didn't notice Meeks and Hartness counting the money when l talked to ycu at that timer" asked Attorney Monagle.
 No I didn't tell you that Mrs. Brown replied
 She said that Hardness had only left the room on two occasions that day, and that he was gone Tor short periods, to buy food and medicine for her He also left with Meeks sometime between the hours of II and l, she said.
 The jury was excused at the re- quest of the defense attorneys, Monagle then stated that the Governments only witness of pre- meditation is Hartness."
 He said he was trying to lay a question, by interrogating the wit ness about her meal on Saturday afternoon. His procedure was rul- cd improper cross examination and the jury was recalled. He was evidtntally trying to impeach former witness, Hartness, rather than the witness on the stand.
 YESTERDAY AFTERNOON
 At the conclusion of yesterday afternoons testimony by Kelso Eartness, it appeared that four apparently blood-stained garments belonging to Rleeks had been ob- served by three witnesses shortly after the crime is supposed to have been committed.
 Assistant Chief of Police Gilligan had noticed a white shirt with red spots on it hanging on the wall in Meeks room on Sunday evening, December g. between the hours of and TO-
 On that same evening, sometime after 11:30, Hartness testified that he had watched Meeks remove and destroy a blood spattered dark dress shirt and stuff a bloody un- dershirt into his pocket. Gilligan had already seen Meeks dressed in dark sweater, and testified that there was no blood either on him or on Peter Vincent with whom he had been fighting.
 Highway Patrolman Emmet Bo- telho has also testified that on the following evening that he saw a suit coat spotted with blood, hanging on Meek's bedroom wall.
 Big Shot" Robbery
 Upon cross examination yester- day afternoon, Hartness said that he had not revealed Meek's pro- position to rob big shot from Hoonah" until January g, when he made a sworn statement before the FBI.
 He said that he was afraid of getting into trouble, but not until after December l4, when the defen- dant made threats of physical vio- lence, did he actually fear Meeks Meanwhile he had continued to associate with him.
 At this point defense counsel ask ed that the jury be excused that he might make an offer of proof. Attorney Paul then told the court that in his testimony in the pre- vious trial, the witness had claim ed that Meeks went to his room in the Gastineau Hotel on January 8, and had threatened his life. In the ensuing fight, according to Hartness' testimony, the defendant had inflicted 27 knife wounds upon him.
 Paul said that the cuts were in groups of four or five, and at some points were absolutely paral- lel. He said that all the incisions had barely cut through the skin.
 Credibility of Witness
 We are questioning the credibil- ity of the witness" Paul said, and we wish to incorporate in motion ill this case an order to subpoena James Madison and Dr. William P Blanton We think that the testi- mony Of this witness can be re- butted by them
 The request was denied On the grounds of being too remote, and the jury filed back long enough to hear defense counsel interrogate Hartness as to whether or not he is now on probation, and to ascer- tain that his feelings toward the defendant are 'unfriendly"
 The jury was again excused at the request of Attorney Paul, who offered to prove that Hartness has a hateful motive" against Meeks, inasmuch as the former is the principal complainant against the defendant in a pending case.
 "The witness wants the defen- dant to be convicted of murder in order to avoid being proved guilty of lying in his own complaint against Meeks for the alleged knif- ing on January g." Paul stated
 Judge George w. Folta denied