The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-01-09

living i'm n buuk at the back end of the room he was
in. 1t was a single bunk. / think the bunk was
little higher than this table. Went 10 the Chiha
house In the morning and started In to search for the
pistol as soon as II became daylight Hunted Tor tne
pistol and then went ana examined the house There
pistol shot through pane Of glass; aiso' an
other one In the window casing, where the ball had
lodged The ball struck directly in the corner, cor
nerways and lodged in the piece beyond. Examined
the places Inquired for the ball taken out OF thee
Then a Chnaman gave me this ball. 1t was shot.
that did It. The glass was nearly all In the window
when first saw 1t. Did not notice any powder-ourn
on the window casing. The room in which the Chr
naman lay was about II 10 feet deep. 1t was not
large room. The window probably IN or 3 feet
from the ground. should think the bullet-hoe in
the window would be little higher than the bunk,
The ball did not break the glass out OF the window
altogether. 1t broke hole. Iwent out and exam
ined the house on the outside Did not examine the
Chinaman's bed clothing. There were several In
there when went In. / just went In and saw where
he was hit then went back again. Hopkins had
told me he was partner in the Union Saloon.
never had any conversation with Hopkins about his
pistol except trying to find out where il was. The
ball In couit fitted the cabre of the pistol in court
1t is made for that calbrc of pistol in my judgment
have tried 1t.
Cross Examined swear positively where
the pistol has been since 1t was found. told Mr..
Beck to take care of it. He has had 1t in his posses
session since the Sd of December, 1879. IT has been
in the Sherif's office. think there was little more
rust on the pistol when / first saw 1t than now. So
far as the loads are concerned 1t is In the con-
dtion as when found 1t was about nine o'slock IN
the morning when the pistol was found. Do not re-
member the hour exactly. 1t in the fore part of
the day. Hopkins was not over two three feet
away from me when first saw him. Do not think
the hole in the window pane could have been made
by bullet thrown from the hand. There was moth
ing to tell that the witness had noticed whether the
ball that broke the glass fred from the inside or
outside of the cabin. found lead-mark In the
hole where the bail had entered the window-casing
The bed of the bullet showed very plain in the ca
sing. Tshould Judge 1t was little past two o'clock
when was woke mp. Could not tell exactly. Did not
think to look Do not think / had bed long. feel
confident It was between and 3 0 clock when was
called up.
Re-direct.-Dd not compare the place where the
bullet had been embedded in the casing with this
bullet made no comparison at all. Could not say
what sized bullet made the hole Could say 1t was
not ont of Minnie rife. The place where the bul-
let struck in the casing loaded. 1t was fresh
mark. 1t was not old one, but would not say how
old Hopkins clothes were wet when he was arrest
ed He had not got on the street. He was here at
the line of the building. We came up and were
probably not over two feet apart As he passed
recognized him that is, thought did He had
turned towards the Union House. Mr.. Beck said,
- Halioa Hop" / cannot tell whether spoke be
fore that. My recollection In that the first said
don't think Mr. Hopkins spoke to Heck, but spoke
TO me. At that time had taken hold of his hands
and he wanted 10 know what wanted with him. II
occurred there very quick.
Re-cross-I know nothing about the shooting.
heard no shots fired and know nothing about IL.
believe that the bullet In court with the point smash
ed down or swedged, was not moulded In that man
ner. but had been fred out pistol Witness could
make tine butt end of the bullet 1T in the shells In
, coun-l
Re-direct-I Judge the swe dying was caused be
cause the ball had been shot ana had hit some hac
| substance.
j.. Beck sworn--Reside in utte. Was there
last June. Was officially acting naputy sharia o
| this county. Know the defendant. Saw him on the
| llth of last JHne-11th or 12th-in King Lowry''
saloon. Was called TO 20 the saloon. Do not know
exactly the hour. IT was sometime about IL O'Clock
| I had retired and was aroused by some one rappin:
| on the door ringing the bell. Went to the doc
| and was informed Mr.. Dell wanted me to go owe
| there. Some Rainbow boys were there drunk AM
| breaking windows and disturbing the games. Ii
wanted me to 20 there and take charge OF them
| Went and looked in through the glass 'front.' Saw
| Hopkins and sam Thompson standing by the coun te
or bar. Hopkins standing apparently listening
| to Mr. Thompson talking. He was standing with hi
left side to the counter His left arm, think, wa
| raised and on the counter. | remained outside fc
perhaps half minute, and went In. Met Mr.. Welsh
| While talking with him saw in Mr.. Hopkins righ
hand something which took to be pistol Took
| second look. The secord look convinced me IL wa
pistol. walked up and grabbed the pistol and re
marked to him II he did not put It mp / would tax
| it away from him Defendant had 1t in his righ
hand ut the time. He did not appear to be doing any
thing but Ia king in fact, could not hear what tn
parties saying. Mr.. Thompson appeared to b
doing the talking to Hopkins lie changed the pisto
TO his lett hand, thought, ana asked what righ
had to arrest him. / paid but httls attention {
| what he sand. Asked Mr.. Welsh IL defendant wa
not on bender or on the war-path. This last wa
objected by counsel for defendant and the objec
ton sustained spoke to Wright Lille about thi
time. He said Hopkins was drunk some. sale
"You had better take him home he is liable to g
kins went out OF the saloon. then approached an
talked with Mr.. Yeager, the night-watchman. RI
NAMED there few inmates. Saw defendant With
five or ten minutes after that time. Saw him at tn
faro table in King g. Lowrys saloon. Saw him
the corner of the table. / was looking through tt
glass 'front.' Saw bim make motion as II going I'M
his vest pocket for money, Drew cigar from his
pocket ana lit it, gave few whis arose from the
Bile. came out, walked down Main street. and saw hi
for perhaps 30 or 40 feet said Let's shadow him,
. Defendant turned and went In the direction OF b
home or place of business-the Union Saloon. "
watched him as far as we could him. Do not kno
whether there were any lights on the street or no
After standi ne there few minutes, 1t raining
went home and went to bed. Was aroused by Yeage
Cannot tell how long 1t was after had retired. b,
retired and had fallen asleep and slept some. yeag
: said, Get up, that man" Gobiected tol. Got u
. First went out to Lou Smiths place; met Thompst
, and Attorney Mayhem turned from them and m
8 Lon Smith and Mr. Yeager- We three went down
( the cabin where the Chinamanlay whs was shot Sa
the Chinaman at distance of or feet. Observ
that the pistol defendant had In hs hand in the salo
n was a nickie-patcd one. Could not tell what u
make was only saw the pistol moinentarily. It W
:. a bright nick plated pistol DR.. Thompson W
o probin, and examining the wound when reached I
e place where the Chinaman was shot Saw the Chir
e man again. He was lying there as corpse. Took
i for granted II was the same one-was in the saI
y house. Went to the Union Saloon with Smith a
Yeager First attempted TO get into the saoon ID
4 of the building A lamp was burning In the dane.
10 apartment, or sleeping apartment rather. Found
y door locked. The curtain was not quite down to
O. bottom of the glass. Looked under.and discover
q there was some ole In bed. The being locked
put my arm In "a light being broken out but found
!. could not undo the door. A portion Of the brok
glass dropped down and the person in bed mp.
/; was Mr. Coleman. We did mot 20 into the roo
ID After leaving the saloon perhaps about 90 fee
" should Judge the distance was-there were open
In cant lots used passway. As we were walki
Of along come person came out. He came up diagona
m towards me. At first did not recognize the par
il. noticed he had his hat down his face. Res
. nized him as being defendant. wherenpon / made
III spring and grabbed him from behind BY both OF
ut arms. Defendant was coming from below. This
II. 80 or 20 feet, perhaps 100. from the Union Hou
ne Explained by diagram.l He was bearing off iowa
a the Union Saloon building; was walking with
he head down: was pretty wet Wetold him We y
Il looking for him and wanted him. Do not recoil
re what he said Took him down TO the calabooss I
y. locked him NJ. Searched him right at the time
,ly his arrest haeiiiy. but did not nnd any pistol
IN lieye asked him what he had done with bis pis
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