Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1874-04-17
Synopeis Of the Evidence in the
Case,
A Verdict Of ssNot Gutlty's Rem
0ered.

Ia Verdict Of ssxot Guiltyss Mem
| dered.
| Reported for the Mad;son;an.l
The April Term of the District Court com
menced last Monday Judge Servis presiding
The only criminal case was the ore ON
change of venue from Gallatin county
charging Elijah N. Dumpl,y with the offens'
of committing murder in the second degree
Ia shooting Nimrod Ford in the Office of th
North Pacific Hotel, in Bozeman.
The Territory was represented by Warrel
Toole and District Attorney Yivion. The
defense was conducted by Messrs. Word
Chadwick and Turner. Both the prosecution
and defense were conducted with ability
throughout the trial.
There was little difficulty in obtaining :
jury, as the matter had not been canvassed
much in this county. The defendant plead
'snot guilty" to the Indictment aud the ex.
animation Of witnesses was commenced on
behalf Of the people.
l.. D. Adams-Am IS years Old; live in
BOzeman, Gallatin county. Montana. Was
at Bozeman April 18th, 1873; on the MORN
ing ct that day was ut Wakefield's Hotel,
now the North Pacific. came out from
breakfast and heard Ford and Dumphy talk
ng; stepped In TO see what was going on.
They appeared to be disputing about cattle
trade. They were jawInx considerably as
they sat side by side. Dumphy told Ford
he had caught him off his guard the night
before, bnr he wouldn't do so again. Ford
said you had better get a sK-sh0otef. And
Dumphv said you had better tell me hat
kind Of one to Eet. Ford was abusing
Dumphy considerably aud it was but few
and knocked him off bis chair; then picked
up chair and struck DuHphy or the sink
with 1t, couldn't say which. DumphY was
laying on the floor, and Ford broke the chair
and picked up another. think he used three
chairs. Dutnphy and Ford we parted, and
somebody took Dulnphy out, Ford following
Out In few minutes. Ford came In in q few
moments and followed him In to talk to him
and tell him what he was about. Wakefield
let him alone, Is he wants to wash the blood
off his face. Wakefield and Dumphy then
came In, and went to the sink. Ford abused
Dumphy considerably and talked pretty loud,
when Dumphy drew pistol and shot Ford.
Could not tell what time elapsed between the
beating with the chairs and firing the shot;
may have been ten minutes, longer or shorter.
It may have been four feet or less between
the parties when the shot was fired. The
sink is in the Northwest corner, and the stove
eight to ten feet, or perhaps not SO far, from
the sink. Ford was four or five feet east OF
the stove. Ford was not doing anything
when he was shot but working his shoulders
as drunken man would, and abusing Dunn
ply. He was abusing Dumphy as hard as he
could. He was standing at the office door
when Wakefield and Dumpby wen: in. There
are two doors to the Office; one on the north
side leading to the yard. aud one on the east
side leading into the hall. Dumphy entered
at the east door. When Wakefield said to
said: .Al rr r;S6;f r" e It. him alone" Ford
about Ford. Ford was facing the sinkAfter
when he passed In. and then turned and fol-
lowed Dumphy and Dumphy turned and
fired the shot. The shot was fired as Ford
followed DumphY to the sink. Ford was
right in front Of DumDhy. as he came =: ~
wash. Ford kept on abusing DumpLy, after
Wakefield told hum to let him alone.
The cross-examination brought out no new
evidence. further than description OF the
relative positions Of the parties; and the abu-
sive language used by Ford to Dumphy.
Philip Dodson-I am . resident Of Boze-
man, Gallatin county. Montana, was Lying
there on April 18th, 1873; was employed in
the Office Of the North Pacific hotel. am
acquainted with the defendant aud was &C
quainted with the deceased; was sitting In
the Office Of the hotel on April 18th, 1873,
when the deceased came In; coon after the
defendant (Dumphy) came IN; they defend
Ant and deceased) began talking and quarrel
ing and soon CAME to fight. heard Ford
lA9t L. L. n 49,
It out, and Dumphy said, you got away with
me last night, but you can't again, am pre-
pared. Ny back was turned to them and
Dumphy fell against me; tried to get away;
saw Dumphy on the floor and Ford was beat
inx him; some )ersOnS came In and took
Dumphy away. Ford came back and Mr..
Wakefield told him to behave himself, Is he
was going to fetch Dumphy in: Ford said
all right. D9mphy and Wakefield came into
again came In from the sidewalk, in about
five minutes; was Standing about 3 or 4
feet from Dumphy when the shot Yves fired.
The stove Is in the centre of the room, south
Of the sink; there al two doors IN the room,
enc on the south and one on the east side.
Dumphy aud Ford came into the room from
the fron9 door. Ford was not doing any,
thing when the shot was fired.
didn't hear Ford say anything after he
told Wakefield it was all right. Mr.. Wake
field Is proprietor OF the North Pacific hotel
in Bozeman. l don't know what Dumphy
did after shooting; he went out of the North
door; don't know. what become of the pistol;
It was DerriDger. After Dumphy shot,
Ford stood still; he was then taken down the
street, and afterwards brought back and put
to bed; the ball hit Ford on right side; when
Ford was shot he threw forward mis- shoulders;
the shooting occurred about8 IL In the morn
Ing.
Cross-exami nation-Was employed in the
Office OF the North Pacific hotel. Ford came
into the Office and began talking Shout the
Dumphy ou::the night before. Mr..
Cristman was present, mysSI and man
called French Louis, MI, harvey was not
present. Dnmphy CAME In and sat down be-
side MIR. Ford, and they shook hands. Mr..
Ford was sitting III mont Of the stove. was
sitting near the North door. Mr.. Dumphy
near the sink; when Dir. Dumphy Cana in.
be sat down In chair between FQ:; and NV.
self. I did not pay attentioz their talk; it %.
peared to be about Z lawsuit. heard Dunn
phey say, although you got away with me
tast night, you can't now, - am prepared.
Ford said he had heard OF people dying with
heir boots Oh, but donot remember wheth-
er this was said before or after Dumpby's re-
mark. Ford said he was in fighting mood;
didn't see Dumphy make any violent demon
Dumphy fell into my lap, and
tried to get away; IN falling against me, he