Weathers

On writ of error from a judgment of conviction of plaintiff in error under two counts of an indictment charging him, with others, with the crime of assault with intent to *2 commit robbery and to steal fish in the possession of certain named persons.' Sections 1897 and 1898, Compiled Laws Alaska 1913.

The evidence is that one Knutson was the master of the cannery tender Forrester, in the employ of the Hoonah Packing Company in Alaska; that on the night of July 7, 1919, he tied his boat, with a scow loaded with fish in tow, to a dolphin at Admiralty Cove, in Alaska; that the master and a member of the crew slept in the same room in the pilot house, and the rest of the crew slept in the forecastle; that about 5 o’clock in the morning of July 8th the master was awakened by shots; that he got up, looked out of the window, and saw a small boat about 2,000 feet away coming in the general direction of the Forrester; that he saw bullets skimming along the water, and heard the hiss of the bullets as they passed the pilot house; that the shooting lasted about 15 minutes, and that probably 50 shots were fired; that after the shooting ceased a bullet hole was found in the bow of the boat,…