The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-09-03
THE YAnpELL-HARrY SHOOTING
Testimony Before Coroners Jury and
Verdict.

Testimony Before Coroners Jury and
Verdict.
Justice aud Acting Coroner r.. VI. Fer
guson, OF New Chicago, on the 26rh uit.
held Corouer's inquest on the body OF
VIM. Harry, shot at Hasmark on the
25th by John 8. Yandell. Following 10
synopsis of the.evidence elected:
VIM. Nihart Did not see the shooting,
but on the 23d saw Harry feecing the lot In
dispute. Hsrty said be had offered Wein-
stein $40 for it but the latter asked 500;
that be had as much right to 1t as Vein
stein and would jump it; had ordered the
latter to stay off. The next day. while
aarty was asleep, Weinstein came up and
asked where H. was said he had jumped
his lot and he wanted to see him. Soon
after Harty went to Peter Hughes and re-
turned with q needle gun; he said Wein-
stem had torn down his notice and fence
and he would see be did not do it again.
I said ioktngly "I supposed there wouio
be no one burt" He laughed and said:
"No; that he had possession Of the lot and
IL Weinstein wanted 1t he must 90 to law"
Weinstsin had said TO me, determinsdly,
that he was going TO build house or cabin
on the lot, all the same. The next morn
ing saw the gun standing by the table in
Harty's saloon and the revolver on top OF
the table. The same CONVEX sation 81 bstan-
TALLY was repeated. ##
Peter Coyle On the 25th Of August, be-
tween 7 and a. m, saw Weinstein pas
sing on the street at Hasnark. Harty,
who was stapdiog on the disputed lot, call
ed w. back to get drink the latter made
no answer continued on towards his store.
He soon returned with Mr.. West and Mr..
ellis, carrying tools. seemingly go.
ing to build a house. Weinsteiu walked
ny to the fence around the disputed lot
it was made with one rail on posts set In
the ground. He pulled down one panel.
Harry stood in his house at the window
on the west side aod told him not to
come on his grour d-ths lot in dispute.
He then came cut OF the house, down to,
and on. the lot aud repealed his words.
Weinstein aud bis men walked off the lot
and stood outside the fence in the road.
Jack Yaodell then c,me iunpiug up across
the street, saying as he came: "Weinstein,
hold The lot" I then saw Yandell and Har-
ty ia a tussle about the gun saw the gun
discharged saw Harty strike Yandsll with
the gun Yapdel fell out OF the lot, then
got up end ran across the street toward his
cabin; never saw Yandell fall to the ground.
Harry meantime returned to bis house,
went in, closed the door and TODD In froot
of the window in tho west wall, the lower
sssh Of whi,h was raised about two and
half feet from the sill. vas standing IN
front of my house could not see gun 10
Harty's hand /; saw him distinctly saw no
weapons Of any kind in his hand. He was
standing straight. his face, breast aud head
plainly visible. Saw Ysndell come to the
COZ uer opposite m, wi gun in bis hand.
He stood under the shelter OF the corner
mousse, Taiscu uiS gun evo eoos a'"s u
heard the report and saw Harty fall back
ward from the window. Ran mp to the
window and saw Harry was dead. Saw the
gun and pistol lying by him. When Vein
81 elm wa, tearing down the fence Harry
CO me out Of The satoou with rife saw no
pistol at that time. Saw no arms on Vein
stein. Vest, ellis OF Yandell, except when
the latter fit ID. Head no III -eats at aoy
time. Did not SEQ Hacty strike Yandell
In the mouth saw him strike blow with
the gun. HARRY could not see Yande
from where the latter stood when he fired.
William Weinstein : I went mp yesterday
with Mr.. West aud another man and was
going to the lot. Vim Hsty come out
with needle gpu and pistol, went down
on the lot Of mine and forbade me to 60
on. We were going to work on it. At this
time Yandell was coming from his place. I
went on the lot and Harry ordered me of,
calling me foul name and sayiog if l did
not he would shoot me. Then Harry
raised bis guu, cooked and fred It. The
bullet struck the ground about foot from
Yandell. was about five feet from YAM
dell. Yandell reached TO catch tbs gun.
Harty showed the muzzle of the gan against
Yandell's mouth. Yandell staggered; can't
say whether he struck him more than once.
Yaudell fell and HARRY struck him over the
head two or three time with the barrel Of
the gun. Jack then kind OF went out and
Harry drew q pistol. Ysudell went to-
ward his place he fell three times going.
I did not see him enter his cabin. Hairy
then went up to his place, and when Doar
up he took another csrtridgs and put IL 10
his gan. He then weot in his house,
raised the side window fropting the lot,
raised his gun up and ordered Vest off the
groupd-to Get of very quick or he would
fire again. About that time Ysude'l came
right to the co. ner OF the cabin on the op-
posite side OF the street and fired. did
not see dec. used fail; was not looking at
him. .s
I do not know what Constitutes lot. ]
bought tho lots CT Bennett and the deed
lis on record in Deer Lodge. There was q
house on ono of the lats when bought II.
have the ground and house. The street
rams between these lots.
I had Do conversation With Yandell VIII ~
be came no. He va, staudiipg opposite
when came mp. Remember he told me
TO stand on the lot in contest, think
since I bought bad fsn,e on. Bennett
dpg fou ,dst.cn ADD placed four logs there :
on. Was wallicg when Ysndell came mp ;
was en- the lot befJre him. Did not res him
make auv motion or sa, anything to Har-
ty. He told me to stand on the lot. Har-
ty fred tow ard Yandell and MT mo. As be
raised sthe gun to Yandell be "a d 10 rs
get ~ using The foul express ion again.
Cannot swear positively that Yaodell struck
the cun diva. II
saw Yandell pre-, :ous to all OF the difh-
cnlty and fvissd with him In reference to
the property. be being Interested In IL.
| lack come up to whore | stood N font o
Harty's saloon about eight or ton minutes