The Montana post., 1868-10-02
UNITED STATES AGAINST GEO.


Court House. In the city OF Helena, NJ. l.,
Monday, Sept. 2s. ls6s, at 10 a. m.
For the prosecution Messrs. May,
Williams and Burdick.
| For the defense-Col. w. +. Chad
wick. Judge Chumasero and Hon. VIM.
/ H. Clsggett.
The complaint for assault with intent
to kill, filed previous to the death of ex-
Gov Beall was withdrawn, and with the
consent of the defendant a complaint,
charging him with murder was substi-
tuted The examination then took place
upon this complaint.
EVIDENCE FOR PROSECUTION.
Neil Howie, U. S. Marshal, being
sworn and examined by Mr.. Williams,
testified as follows:
Reside in Montana-am L. ;. Marshal.
On or about o'clock / knew of n diff
Guilty in the office of the Montana Posi-
was riding with Capt. Pope past the
office of the Montana PosT building,
when heard two pistol shots fired in
very quick succession jumped out; ran
to door of office Mr.. Beattie opened
door for me. Going inside / found Gov.
Beall lying on the floor against the wall,
his face toward the floor. There was a
pool of blood on the floor and the blood
was oozing from his head; examined the
face and found hole in his left cheek,
on cheek bone (witness designated the
location of wound) / saw Mr.. Potter,
Mr.. Beattie and several other gertle-
me n present; did not take particular no
tice | found Mr.. Pinney in the CONS
posing room talking with some gentle-
men; die not talk 10 him about the
affair at that time; had conversation
| with Linn afterwards; he gave me state
ment of the facts; / arrested Mr.. Pinney
and took him in charge. The same day
Mr. =. told me he was sitting in his
office, at his desk. reading or writing;
heard Mr.. Beall speak; turned around
and got up. Mr.. Beall asked him to go
up to his room or office. Mr.. p. told him
he would not go ; to go away and leave
him. Mr. Beall then drew n pistol and
held it behind him in his right hand.
Mr. p. saw him draw il, and heard the
click of its cooking. Mr.. p. told Mr..
Beall that he had pistol behind him
and he wanted him to put it up. He
/ repeated this several times. Mr.p. further
told him that he was watching the old
! gentleman to determine whether or not
he was going To shoot. He was not sat
isfied till Mr.. Beall threw up his hand
and leveled the pistol on him. He then
jumped aside and drew his revolver,
stepping to the end of the counter; try
ing to get into the composing room.
Mr.. BeaIl moved also toward the door
of that room and met him. Mr.. p.
snapped his pistol at him but the cap
snapped; he then thought he would run
away as he had lost confidence in his
pistol, but Mr.. Beall moved toward him
| and he fired twice in quick succession
and Mr.. Beall fell. When the pistol
snapped they both lodged. but Mr.. Beall
again advanced. Mr.. II. further told me
it was almost a dodging game after he
jumped aside. This took place in
Lewis and Clarke county, on the
25th day of September, 1865; / recog-
niZe Mr.. Pinney present; offered MIR
Pinney no inducements to tell me any
thing in regard to IL; it was voluntary
on his part. Some time after i came in
the room Mr.. Pinney asked me where he
(BealD was shot; said he shot twice;
said it was almost dodging game from
the time he jumped until they came to-
getEer at the end of the counter. He
did not state1hat they took hold of each
other; from the description he gave,
judge they stood about five feet apart;
l entered the office almost Immediately
after the shots were fired: the shots were
fired almost simultaneously; was in
front of the office when it took place;
Nat Pope was with me; Mr. Beall had
pistol in his right hand when first saw
him. He was in crouching position
against the wall with his face toward
the floor with the pistol in Ihis right
hand On being informed that it was
Mr.. Pinney who did the shooting, ar
rested him and then took the pistol from
Mr.. Beall's hand.
Cross examined by Col. Chadwick-I
took the pistol from Mr.. Beall's hand
| Ian hox 4 IN in
condition as when / FIRST took it; will
produce it. found pistol on Mr.. Pin
ney; it is called Tranton, self cooking:
l have used them; they can be fired
five times in three seconds 1t was
cartridge Derringer that L took from
Mr.. Bealls right hand; it was cooked
and L was compelled to move his fore
finger back for fear of an accidental dis
chage; l held it mp so that all present
could see it; have it still in the same
condition; i ran a pencil down it and
think there is ball in it still. (Here
the witness was shown n diagram of
the office showing the relative position
of furniture and parties at the time of
the shooting0 party standing in Mr..
| Pinneys position, could not have passed
from it TO the composing room without
exposing himself to be shot by a person
in Gov. Bealis position. There is no
door behind the counter, leading out of
the room. Mr.. Pinney could not get
away except past the end of the counter
and through the door into the compo-
sing room.
DIR. Maupin was sworn and testified
as follows: Ny name is Ira b. Maupin;
L reside at Helena and am a
Physician and Surgeon-Was called last
Friday, about o'clock, p. m. to see
Gov. Beall first saw him in office of
Montana PosT. supported by Mr. Fisk,
(the middle one) his (Beall's) face was
bloody and still bleeding; ordered a
blanket and laid him on it; ty this time