The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1879-12-23
DEGENHART.
Testimony EIicitcd-The Carpenter Mur-
der Trial.

nation of LAG jurors, a jury was empaneled in
in the Degenhalt case at 3 O'Clock, p. m.
yesterday. The case was briefly stated ON the
part of the prosecution by District Attorney
Mayhem, who detailed to The jury what was
his information in relation TO the facts If the
case, after which Judge Knowles, OF counsel
for the defense, made a statement to the jury
defining the lines of defense, namely
First-That Desenhart killed Carpenter to
prevent his (Degenhart) receiving great bod
lily injury, Carpenter, al the time of the
shooting, being about TO make an assault on
Degenhart. Second-That he was justified
in killing Carpenter in the protection of his
property, as the horse over which the difficulty
arose belonged TO Degenhart as against every
one but the true owner. Third-That Deg
enhart believed Carpenter was armed, and
would kill him, and under this belief fired
the fatal shot. t.
DR.. C. N. Bowie and Thomas O'Connor
were called on the part of the prosecution,
and each testified in relation to finding the
body of Carpenter in Degenhalt's corral, lying
about ten feet from the bars of the corral
where the horse was hitched; the body was
lying face up, with the feet toward the bars,
and, OH examination, a gunshOt wound was
discovered about three inches from the head,
on the left side, where the bullet had entered
and passed ont under the right shoulder blade.
An examination of the body showed no
weapons except a pocket knife in the right
pocket of Carpenters pants, under his over
alls. DR.. Bowie testified also to conversations
had with Degenhart on the day of the killing,
in which Degenhart said he was sorry the
thing occurred, but that he would not let
anyone go into his band and take a horse.
He wanted the law to take its course. Car
penter came dressed as he never saw him be-
fore, with a belt on, and he thought he Gar
penter) was armed he said he told Carpenter
not to advance or he would shoot; he also
said that Carpenter had advertised the horse
without giving the marks or brands correctly;
that the horse did not belong to hin (Degen-
hart) and that he would allow no one to take
him but the true owner.
Joseph Hullenbach, the only witness present
at the shooting, was then called, and testified
as follows: =
was working for Bennett Degenhart on the
18th day Of May, 1879; had been working for
him about two months. knew Carpenter;
was at the ranch when the shooting occurred.
1t was on Sunday, and it had been raining,
and l had been asleep in the upper part of the
stable all day. l went down to the house
from the stable and Degenhalt asked me to
drive some cattle out of the field, and when |
came back Degenhart was feeding the chick
ems. l went into to the house and was wash
ing my hands and face when Degenhart anne
in and said: "There is Sans horse" He
went to the cupboard and took down some
cartridges l stood before him to stop him he
said he would not do anything, and told me to
go away. He then got his gun from the wall
where it was hanging up; he told me he did
not want to shoot any one, or he would get
his pistol his pistol was kept under the head
of his bed. After he got the gun he weni out
doors, and said something about a hawk; I
have forgotten what he stopped in front of
the door for about two minutes; then | saw
htm through the window going towards the
stable after he was out a while l recognized
his voice; he called "Joe" once; l Started
towards the stable, and when about half way
| saw Carpenter coming towards Degentart
with his right hand on his hip; could not tell
whether it was in his pocket or not l heard
Carpenter say he didn't care a d-n for Deg
enhart or his gun; at this I heard The report
and saw Carpenter fall Degenhart was
standing with the gun in his hands; at the
time of firing the SHOT he did not put the gun
to his shoulder, but held it in his hands. AT
ter the shot was fired D%egenhart united the
horse and came to me; l said "For Gods
sake, Ben, what have you done" He made
NO reply, but told me TO take the horse and
put him in the pasture; when l took the horse
l was about sc feet from the corral and about
275 feet from the house. After putting the
horse way | went in and asked Degenhart
what he was going to do; he said he was 60
ing TO own and give himself up. He was
changing clothes at the time, and told me to
saddle the little mare in the pasture ; l went to
the stable to get a bride and saw Carpenter;
he was lying on the ground apparently dead.
Degenhalt took the mare and went to town !;
l asked him what | would do with Sam he
said the officers would be down soon, and to
leave him as he was. l went to see Carpen-
ter's body the second time he was lying on
his back with head up hill left leg drawn up;
l did not touch the body it was in the same
position as when | first saw it. At the time
the shot was fired Carpenter was about three
or three ana a half feet from the muzzle of
the gun. There was considerable talk; Car
penter was talking very loud, but l did not
distinguish anything except that he was not
afraid of Degenhart nor his gun. Carpenter
had been working for Degenhart before had
worked one month and one week; they had
some difficulty in settling there vas a differ
ence OF % cents; Carpenter told D~egenhart
if he wanted to cheat him out of a quarter it
was all right Degenhart told him he did not
want to cheat him. Before this Degenhart
told Carpenter about the horse over which the
difficulty arose. He said he was a stray had
been there for about two years, and told Car
penter he might have the horse, and the
owne might, by that means, find the horse.
Carpenter rode the horse for about a week
when Degenhart told him to turn him with
the herd, for some one might come and claim
that he (Degenhart) had claimed the horse /;
Carpenter said he would take charge of The
horse. l think Carpenter left a buffalo robe
and his clothes Ill the lower part of the stable
when he left could not say that l saw the
clothes but l saw the robe. Alter Carpenter