The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1879-12-23
DEGEN
Full Text OF Defendants Testimony.

principally Of admissions and declarations of
the defendant, as to the brands on the stray
horse over which the difficulty arose, aud as
to the character of the deceased. The testi-
mony OH the latter point showed that the
deceased had on several occasions, to divers
persons declared that he had killed a man at
Benton, another one at Fort Buford, and in
all had disposed of as high as four men. All
the testimony, however, in relation to this
consisted in the declarations of the deceased,
1t appearing that "blowing" was his chief
pastime, though his character, SO far as was
known by witnesses, was good for peace and
quiet. Without entering into the details of
the other testimony it would probably be of
some interest to know how Degenhalt t2sti-
fled. His testimony given at II o'clock this
morning was about as follows:
1 am the defendant. Carpenter did the
herding while working for me L always went
to the corral when the herd was brought up; l
told Carpenter the horse was a stray; Sam
(Carpenter) said Lei me throw a saddle on
him :" l told him he could not. About one
week after Sam went to get the herd and was
gone until after dinner; l told him to drive
up a certain pony he said he could not find
him; I asked him to go again, and he asked
me what horse he should take l told him to
take "Johnny'' (the stray he took the stray,
and next day be rode him again he said the
horse was a good riding horse, and asked me
what l would take for him l said l would
look pretty selling that horse, and that he
nor no one else should take him a few days
afterwards 1 heard Sam say to some one that
the horse was his, that he had advertised HIM;
1 told him that he could not take the horse,
as l had three or four enemies who would say
l put him up to it that had told several men
the horse was at my place, and that if he took
him and sold him it would give me a grea
| deal of trouble. On the day of settlement
after Sam had worked for me, he had the
horse up, and l told him not to Use the horse
so much the next morning he had the horse
up again, and I told him to turn him out, and
he did; afterwards he said he was going to at
tend to that horse, and | told him l wouldn't
let him take that horse for $25, as it would
likely give me trouble, and he said if 1 would
give him $40 he would let him stay l told him
I wouldn't give him a cent, but he shouldn't
take the horse away. He said he would quit
working for me on Sunday afterwards l gave
Hallenbach S1.25 to give to Sam Sam said it
was not right 1 asked him what was the
matter; he said l owed him $1.50, but if l
wanted to get the best of him a quarter, all
right l told him I did not !; 1 saw Sam after
wards at Philipsburg, and told him l would
give him $40 to break a certain mare he
said, gall right he would be up Wednesday
or Thursday and get the mare and his clothes,
which were left at my place afterwards he
asked me to take that sack of clothes OF his
and put them in the house l don't think L
told him 1 would, but l did take the clothes
in the house Taylor told me that Sans
buffalo robe belonged to him, and told me to
get it, and 1 told Hallenbach TO bring it in the
house on the day of the shooting HalleD-
bach went to drive cattle out of the field, and
as he came back l went out to feed the chick
ems, and saw the stray horse tied to the corral:
1 remained out about ten minutes and saw a
hawk; | ran into the house and took some
cartridges and the gun down; Hallenbach
seemed to be very much excited, and tried to
stop me l told him | wasn't going to shoot
ANYBODY, and if l was l would get the pistol;
l stepped out doors and saw the hawk flying
down the creek, and said, oh the hawk"
or something of that kind l thought the
horse was at the corral alone and that Sam
was fishing as he often did, as l could not see
him | went up and was untying the horse
when | heard something in the stable saw
the door open and went to shut it when Sam
came to the door l said, "Sam, have you
brought back the horse3" He said, "No, not
by a d-n sight" and jumped out of the door
and was coming towards me he slipped and
came near falling; l told him as the horse
was here l wanted him to leave him the
horse); he started towards the horse and said
that the horse was his l said "Hold on Sam,
let me say a word you have not advertised
the horse no one would know him by the
description you gave let him stay here IN
the pasture and advertise him properly, and
after the time is up, if no one claims him, you
can take him without any charge he put his
right hand on his hip and held his left hand
up, and advanced towards me and said that
no $ of a b. should have him l told him
not to call me a s. of a b., and told him to
stand back-that he was heeled and knew
it he said, "What are you doing with your
gun out here?" l told him l didn't want to
Shoot him, OF | wouldn't hold it in my hands;
he said he had a notion to make ribbons onl
of me, and l told him not to do it, but tc
stand back l told him as sure as there Is a
God in heaven l would shoot him if he didn1
stand back, and asked him to hold on ; | theI
slipped a cartridge in my gun and had my
/ back against the post Sam kept advancing
until within two feet of the muzZle OF my
, gun; he said he didn't care a d-n for me o.
!, my gun, and made a grab for the gun with hi
1 left hand, when l fired and he fell; l united
: the horse and looked at Sam, and saw that HI
was still breathing L took the horse and toll
, Hallenbach to put him in the pasture; San
l was dressed as l never saw him before, with
5 belt on; he told me before this that he woul'
5 not wear a belt for S. a cay he told me tina
he killed a man at Fort Benton. COPPER.
DEER LODGE, Dec. 10, 1879.
. \ dispatch from Portland. Oregon, date
. tlo Sth ,,anti0nS the arrival Df a shin Load &