The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-01-16
AZ ITO VESTS CABIN.

a ~~NS<~S>]rS><<~~SS~~
w. BLACKTAIL CREE
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DIAGRAM SHOWING P0SITl
N-Virnosche. M-McAuley. B--Virnosche's b
N-Noti' of claim posted W-WIndow D-Door
place, ask man named Hunt to go to yirnosches
brother and tell him to leave the country p
T0bjectcd to; argued; defense said it 10 show
feeling of witness and lay ground for impeachment;
Court stated the essentials in iuterrogatng and IN
failure Of defense to interrc Ite the question was
excluded-defense excepted to ruling.l
Virnoscha living Ia his abin alb out 10 mouths
was there when came; was binding his cabin when
I first knew him; first him at Lavells saw mill
Think deceased about 40 steps from Virnosche's
fence when tstarted there; think fence hal been
built about AZ months. The cabin was not entirely
inclosed by fence-found McAuey on the inside of
the fence-4 to feet inside: took off his belt and
threw Ii on the fence He walked to steps after
he was safeguarding toward the fence; saw no
| holes In his clothing; found TWO wounds on his
body; believe they were made by bullet; could not
positively-did not the ball 20 In or come
out-heard the shot, the man fall Nc Auley said,
&C II d-n you; don't yon dare to shoot: am on
my ground and You know it," This was just be-
| fore heard the shot.
| Redirect When went mp to McAuley he told me
/ he was murdered. The fence near which deceased
|
Auey 1t va, yirno sches fence: think V. also claim
| ed the land.
William Hartmrn swo-n-worked fer McAuley:
| have lived on his anch since the shooting; never
knew defendant On 18th Of last October was living
there; knew of the shooting affair; saw 1t; 1t was be-
| tween ard Q p. m. McAuley and had been work
Ing that day. come home; put out the team, and put
| on Are In the stoYe to cook supper at McAueys
| house. McAuley came to me and asked me to go TO
yirnosches, said he wanted TO me as witness,
said he going notify yifnosche not to build on
| his ground l went with him. When we came TO
the place where the wok was being done we found
| no one, McAulty then went through the fence 10
virnosehe's house. stood in the road outside VIZ
nosche came up. McAnley said what are you doing
here yirnosche said he was going to put mp house
McAuley said, e. Mo- this is on my ground" Asked
him II hs knew where the lines were and offered to
show them to him. After some words McAuey
pulled up PIN and the rope where the ground was
ma,k I'd of and started to pick up pick and shovel
As he did 30 virnosche drew pistol, and as McAuey
| turned, rather advancing toward defendant, Viz
! nosche said " Drop the tools" He did not crop
them. Then virnosche said, II you DON'T will
| shoot you" McAuley dropped the tools and said !:
"If that's your game you win get enough of It,. He
then came to me and we started toward McA. % house.
After we had gone about $50 yards McAuey ordered
me to stop until he returned. did So and when he
returned followed him. some 10 Is steps behind,
back to vnn,sche's. He told me to come on. McA.
went through the fence BEFORE there still no
one there. walked along the road. Heard McAp'ey
say" Where's that Frcnchman Z" Looked up. Saw
vinosche standing at the corner of his cabin Then
they began quarrelling. was talking to q man met
In the road. just then Townsend drove up and /
spoke to him. Was not paying any attention to the
row. Then the man left me and went to Townsend's
wagon. Heard yhnosche say, SECT off my premises
| or viii shoot" McAuley said he was on his own
premises and pointed TO his stakes. Virnosche
said {" Get of or will shoot, had turned and waa
watching the paities. Then saw the shot; saw the
dust fly from McAuleys oit 90 the tall struck. He
swung around twice and come toward me. Itiied to
get through the to him. Vino che said "Hold
onl" ] stopped and asked him IL might come
! through aud he said. Yes, come on, won't hurt
you" Pound McAu'ey lying on the ground with his
7 left ain under him. Lifted him to his knses. He
had a revolver or six-shootes IN his hsnd had it
prasped in his left hnnd around the BARRE and cyin-
der. said "Johu. how did You come by this pstola'
Did not notice yirno sche at this time. took the
pistol ont of his hand. When the dust few from
coat O. deceased he and vrnosche standing face
to face McAuey was just the Of turning [wit-
ness illustrated that he might have turned fourth
. When first saw virnosche he was standing ntar tho
corner of his cabin. with the gan pointing forward
| and down: stood that way 5 to 10 minutes. After
the shot he threw ont the shell and reloaded. He
: sid to me Don't you through then he told
4 me to come through; that he would not hurt me- BE
/. | had the gun pointing toward me. Did not notice
him ate; wa,ds took NcAuIeys pistol and gave u
TO Mr. West McA. wanted TO lie down again after
lifted him up left him: put the pistol in my peck
ct: started 70 Vests: met him the and gave
Il L ~ - ttxn. IN Rat IN for
whtford Did not see where McAnleJ was shot
did not see any blood on him. Was two hours gong
to Bus.e and returning. Came hack with the Sheriff
| When retained McA. was in Vests Sonse-st'l
a abovc-was lying pallet on the floor Saw bis
] body examined Witness described wound. Staid
there until he disd-at II D. m. aaf..s .t.sg
When McAuley turned he presented his right side Ia
!. viruosche They were about IS steps apart Ground
. has little grade Think the deceased on the
higher ground had worked for deceased eaout two
months. McAuiey and yifnosches houses are X q
" mile apart, on opposite sides Of Black Tail Creek
The fence In trent Ut ylrnosches honse was post
and three rails. could see McAniey when shot was
nred DID not see anything in his hands. When
talking 70 vinosche he first raised hand and then
the other in pointing to the stakes virosche had
u his gun to his shoulder. They were facing MeA.
told him he was on his premises and pointed to
the stakes. Think vi,nosche taking aim before
he snot. was nearer defendant then deceascd-both
Z were In plain view. .
u Cross Exam.ned-I looking directly Mt McAuley
4 when the shot was fired. Didn't see v. when the
|, gun cooked. Didnt zee him h-e H. Saw him have
La up and loading Il afterwaid. Doni know be fired
: Il McA had turned partly away when he was struck
2 stepped back step or two threw mp his hands,
ID turned around twice and started toward me-caed
!. me TO come 70 him. vent TO the fencc-may have
. attempted 70 take pole OF. ! stopped and backed
ont when virnosche called to me. Then asked him
q could come through. He said yes, and cams
q through Do not recoliect that he told to come
+ around or come Through the gate. McAney may have
: he'd something In his hArds. Think yirnosche had
: his gun 70 his face minute. Heard McAnley cal
q virnosche "A French frog eater" and I" 81 OF b.
It nt quarrel Heard the lie passed Deceased waa
!, taking very ioud. Heart no threats fron him.
was mot hstsning. WAS talking 70 another gsntienan
Twitnses rsselated nrst QUARREL After nrst Quar-
ri walked 10 or Is steps behind AcAuleY going and
returning. he did NOT speak 70 me until he told ms
70 stop It fence about 4es yards from bis house
J whsa he rptumsd be ordered back with him. Did
& not want to 70. he said You are going. come on
u * - - vn~Mm