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

morning Of the day the Chinaman was killed should
tnink abont ocock. II might have been earlier or
iates have distinct recollection. Saw II In the
rsar OF Mr. stoners stable on the prairie. stoner had
II aud gave II to me. Do not know Of my own knowl
edge where Mr.. Stoner gotit 1t we. and some-
what rusty, with mud and dirt sticking between the
cylinder and the journal upon which 1t revoves. Four
chambers were empty and two were loaded. had the
pistol In my possession locked In the safe until about
the ast Of this month. Then laid 1t out Of the safe
into lock drawer with directions to my wife to give
tito Mr. Lou Smith that was going to the Sun river
country and perhaps he might want to bring 1t down
here went off on my trip. l do not know how II
came to Deer Lodge except from hearsay. l believe
the pistol IT court to be the same one had In my
possession. [Expained by diagram the relation Of
the bunk in which the Chinaman was when shot to
the window.l The bunk was IS or 30 inches distant
from the window might have been two feet. The
window Is near the northeast corner Of the cabin:
the burk lays opposite the window. We discovered
on the south tide of the window bullet mark on the
casing apparently shot diagonally-from little
further up Main street than directly opposite the
house. Saw one light broken In the window I'll
my recollection that the glass considerably bro
ken. The window glass. as compared to the heiehth
OF slse bunk wac little higher, should think.
There might not have been very much difference. 1t
was o small log cabin.
Cross Examined Believe had my hands on de-
fendant arst wheL the arrest was made, although we
were all there at the same time. We were walking
about three abreast. Yeager Smith and myself were
there. described the ground Do not think the
vacant space much as 81 feet front. had the
number of the pistol found but have lost 1t. will
swear believe the pistol in court to be the one gave
Mrs. Beck as armly as 1 believe l exist. Do not
think would be going too far to swear 1t was the
same pistol Think 1t was 80 100 yards from where
l last saw defendant to the place where saw him
again when he arrested. 1t might not be so
much Do not think ever noticed the distance par
ticularly. Have been over the ground many time.
There were four shells and two loads In the pistol at
the time let Mrs. Beck have 1t.
Second day.
Luther Yeager, night watchmaD, sworn-Saw de-
fendant on the 18th at King & Lowry's saloon; he
was talking ther, to Sam ThompsoI few minutes
afterwards saw pistol in his hand. Do not think
could recognize the pistol. The one in court looks
like pistol OF the came make. Defe ndant was in
the saloon where saw HIM, probably ten minutes.
He went out of the saloon and gone some time,
probably IS or 20 minutes, and came back again.
Think saw him at the bar of the saloon again.
Think when defendant went out, did so with Wright
L. Lille. Am not positive. went out OF the saloon
and went up street. and was gone from the saloon
from 10 to 10 or 20 minutes When returned to the
saloon saw defendant there. He did mt seem to be
doing anything. Defendant stayed there few min
utes and came out of the saloon again, and went
down street. left the saloon with Mr.. Beck, and
vert down to the corner oy Mr.. Owsleys stable Mr..
Beck made the remark, he thought Hopkins had
gone home Saw defendant go probably 20 or 90
nsp ALI np
| Paak street. Mr. Beck went over home and went
| with him, then came back to the corner OF the
stable Heard some person knocking on Park street,
| but could not see who 1t was. Knew defendants
voice and heard it. Heard him ask TO get in the
house. Think IL was at Lizzie Kimbars the knock
Ing was done. This was perhaps 20 minutes. or
| somewhere near that time, after Hopkins turned
Oweley's corner. Saw him probably minute or two
afterwards, further up the street. toward the stable
knocking at Lotte Blair's door. Did not hear him
say anything. He came up street and knocked on
| another door. Florence's. He came up street and
| passed where was. l was standing by wagon by
the corner of owsley's stable. He passed within
| probably 20 or 30 feet Of me. Recognized him, and
knew IL to be Hopkins Identified defendant In cour,
| ~ the man who he'd ?ar-ea him, followed down
| after him. He came to a China bousc on Main street
l.aaa saw him knock on ias door and hoard HIM.
recognized his voice. He wanted to get In. ii left
that house and went to another China house. That
| was the place where the Chinaman was shot He
knocked on the door there. heard him ask them tc
LET him in Then be left that house and went further
| down in Chinatown. then turned and went bach
| up town. Went to Sabolzs ky's saloon. Had moi
been in the salooon three minutes when heard
! shooting. Chinaman came up to the saloon ant
| said Chinaman was killed tWitness then dctailet
all proceedings that led to Hopkins arrest HIS test
| mony was the same as that of Smith and Beck.
i asked defendant where his pistol was. Defendan
said he had given 1t to Wright Lie
Cross axamined.-I am positive heard one shot
would not be positive beard more than one.
s. B. Thompson sworn-Saw defendant have ps
tol in King g. Lowrys, about midnight or morning o
the 1ath. Ii was Colts sef-cocker like the one Ii
court. After I had got two noisy men out OF King
Lowry's saloon, Hopkins said to me: II You want
six-shooter, here lie as good one as you eyer had
Witness detailed all that had occurred in the saloo
that evening and beha vior OF defendant The test
mony was the same that given BY other witnesses
l. l.. stoner described the finding OF the pistol
first saw IL about four rods back Of my stable i
was living by the side of path. should think abou
two feet to the left of the path. IL looked as thong
IL had lust been dropped there. l saw there wer
II
loads in the pistol. Some Cinnamon came rannin
into the stable. They pulled me and led me to wher
the pistol was.
the 18th.
L. p. Smith re-called-Gave the number of tn
pistol found, Is, 1886. Mr.. Beck took the number Q
the pistol down al the time he fret got it.
Beck rc-called-Did not remember the number Q
the pistol, and had lost memorandum of the number
All Sick, Chinaman, was sworn. according to tn
usual form In court, to act as interpreter.
july Chinaman, testified to the finding OF tn
pistol and its passing into the possession of M
Stoner.
Lee All Lee, Chinaman, corroberated the above.
| All Quong, ChinamaD, sworn-Lived In the hons
| VIII ere the Chinaman was killed. All Foo wac aslee
way up" was asleep" way down" Heard pist
shots.
| o-About what time? A little over o'clocl
. | ne rot no watch. Cannot tell certain.
! o-Hsw many times did he ear that pistol go off
r A-The first time he shoot, come through window
. break gla,s Make him scared: Take blanket an
. wrap him all up over here.
( o-Ask him how many shots he heard? A-Tw
0 times.
v o-Ask him the name OF the man who was shot
q IA-Ah Foo.
n o-Ask him II he heard All Foo say anything aft
Q | these pistol shots A-Ah Foo say get shot.
: pretty near dead. You get somebody to arrest tn
o man. That is ali be said.
o o-Ask him whether Al Foo said this before Il
/ two shots were fred or afterwards? A-First tin
il the shot broke window and just about little while
e shot other one. Then he hollered. Then say he &
d shot.
Il Q-Ask him what else he saw or heard theres A
% He say Hrst time he broke the window; shot in q
e frames. He say when he broke window, be rolled
e the corner. And other ones shot again. See pisi
d right in the window that way Real black All r
say he got shot, Then he roll In the corner the
III Q-Ask him which way he looked when he rolled
N the cornera Ale say he roll in the corner there
ius. look that way, and All Foo say be dead pret
4. soon then Then see put face right In the wi
= dow. He said he had light there on the table. II
q come back to sleep.
II Q-Ask him II he saw anything there that event
" after the shots were fred II he any person
Yea When pistol gone out, lie see right In the q
e ner. See man put his face ciose TO the window.
al Q-Ask him II he knew that mani Ayes, .
is that the man. [Idedtifying Hopkinsl He cay tn
AZ he run out IN the street to call Frank Beck.
e. Q-Ask him II this man put his face to the winds
ds before or sitter those shots fred He say h
s time shot did net know which way come. After VIII
.h,<.t Than nisfol mint In the Wfnd0