Joseph McKenna

“ The act of June 6, 1900, is entitled 'An Act Making Further Provision for a Civil Government for Alaska, and for Other Purposes.' It provides for a governor and other officers, and its provisions for a court are as follows:
'There is hereby established a district court for the district, which shall be a court of general jurisdiction in civil, criminal, equity, and admiralty causes; and three district judges shall be appointed for the district, who shall, during their terms of office, reside in the devisions of the district to which they may be respectively assigned by the President. ”

“ The plaintiff in error requested the court to give an instruction which defined principal and accessory, expressed the legal value of the testimony of an accomplice and the necessity of its corroboration to justify a conviction, and submitted to the jury to determine whether Charles Scheffler and Naomi Strong were or were not the accomplices of plaintiff in error in the killing of Hurlin. ”

“ By list of the witnesses means a list containing the names of the witnesses, and, necessarily, this means the names which they then bear, and which identify them. The purpose of the statute is to point out to the defendant the person who may testify against him, and that is best accomplished by the name the witness bears at the time, and not some name that such witness may have had at some prior time. ”

“ The present case demonstrates the sense of this. It does not appear how long the witness had been married, and to have designated her by her married name might have conveyed no information about her. A question could be raised whether the objection to the witness was made in time. Logan v. United States, 144 U.S. 263, 36 L. ed. 429, 12 Sup. Ct. Rep. 617.
3. There are errors assigned on the instructions given or refused, and for their understanding an outline of the facts is necessary. ”

“ We find nothing in the cases cited by plaintiff in error to defeat our conclusion. In McNulty v. Batty, 10 How. 72, 13 L. ed. 333, there was a transfer of sovereignty; a territory became a state, and it was held 'the territorial government ceased to exist and all the authority under it, including the laws organizing its courts of justice, and providing for a revision of their judgments in this court [Supreme Court of the United States] by appeals or writs of error.' All that is material in Freeborn v. ”

“ Patterson on the right, Scheffler in the center, and Hurlin on the left.
We may quote from the testimony of the woman. Her statement was substantially corroborated by the others; their statements only varied in some details or differences which arose from their different positions.
Scheffler and I were talking about a trap I had set to catch some grouse, and _____ . . . A._____we were talking about it, and all at once I heard Mr. Bird's gun click,-shotgun,-when he broke it, it clicked, of course, and I looked up, and he had the gun to his shoulder, and in the meantime Mr. ”