The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-01-16
I'D him 1 OF IN hours.


word This statement was made Just before Dr.
Whitford came.
[Mr Mayhem then presented the tsttment as Nc
Auleys dying declaration. Defense objected on the
ground 1t was not shown deceased anticipated imme-
d1ate dissolution. DR.. whitford was recalled and
said "McAuley asked me II he could live, OIL, II he
would diet said I'll soon tell you.' then prooed
the wound six or eight inches and exudation from
the bowels showed the wound bad entered the stom-
ach. said Yes, you have to die YOU cannot live
but short time. He said is 1t possible lie seemed
about the same afterwards; think ne hVed 10 ~
hours after. After told him this he asked me IL
could give him something to ease nihi W uie' an III
cision of the stomach causes great agony.
Barrett-McAuley's mind was as clear as usual.
McAuley was lying behind the stove which was oi'se
to the wall-so close only Que person cou'u get III
trent of him. Hartman was between HIN ano tne
wall. lie SAID to Hartman, before conh'chceu win
ing his declaration that he wished MIN 10 get up the
balance O; his stock and turn over 10
at Butte who was dispose o; IT, pay all MS deots
and remit the balance of proceeds 10 MS sister HI
medately after that took his satement. "egot
through 10 or IS minutes before Dr. "hitford came
The objection was then ovenaled and exception
was noted.
Mr.. Barrett then read the following as
nhULEY's DYING DECLARATION.
He was building stable on my ground and told
him to quit. Pulled six-shooter on me and made
me leave. left. got my six-shoo'er and came back
He told me to leave. / started to run and he snot
He got the gun when came back made no move
toward shooting him when came back. did not
draw my six shooter at ALL Ibid not threaten to
shoot him. lie drew a six-shooer on me and stuck
II in my face. Witness
H. BARRETT
Lou. p. Smith.
Andrew Montgomery sworn-Bnew defendant. Did
not know McAuey; saw his dead body in Butte; have
known yirnosche since March or April. Hac CONVEX
sations with him ScAuley aud Bob West live on ad-
Joining places Heard virnosche threaten his neigh
bors without mentioning names. In the month OF
October, one Sunday afternoon Virnosche came to
where was colding wood in the timber above his
place and asked me II the wood could be hauled over
the hill Told him "No; 1t had to 30 down the can
Won and over his ranch" virnosche said he had had
a good deal of trouble with his neighbours that he
was going to lock up his gate and going to town in
day or two to buy him rifle and would shoot the FIRST
man through the heart that went through or bother
ed him about that place. There had been road
through his place where wood wss hauled out and he
middle of October. l saw him with gun about the
middle of the same week. This talk occdrted ABOUT
or IN miles up the canyon.
Cross Examined-Did not know personally that
McAuley was his reghbor. We had bought the night
of way his place. Am neither an enemy or iriehd
Of defen liant. Think the threat took in the crowd
his ueighbors." Rode down here with Mr.. West;
he never spoke to me about the evidence would
ha aid ha poiu a n
his gate If they broke it he would shoot them through
the heart. Have not hauled wood over the road;
wood is there yet, consider It good for its vaue it
was to be hauled out over defendants place: under
stood his threat applied to any one who come around
or over lis place. No one else was present when
threats were made. VIM Rivers rode up Just after.
Am sure virnosche came before Rivers. Virnosche
said the only way to make rosd across his place was
| legally.
Redirect-He said the fret man who came around
or bothered he would shoot through the heart Their,
had been an old road; virnosches fence obstructct
it, he made persons pay for going across paid him
$40 for the privilege Of using it, fence was up when
got there. Think at time threats were made three OIL
four people came up before Vimosche left. Knew BY
] general repgte where McAuley lived.
defense made motion to strife out entire testimo
nv of Montgomery; overruled; exception noted.l
Joseph Virnosche (brother Of defendant and s, eak
ing English with some difficulty sworn Was at m!
brothers cabin Oct 2sth was working on founda
ton of stable. Saw McAuIey that evening: saw m!
brother there at same time. Ny brother had little
revolver: had 1t while out hauling timber When
| McAuley was shot was working about Is feet be
hind my brother, making crotch. Ny brother hao
gun In the house; cannot recoilect kind; it loaded
at the breech he brought 1t out doors and fred 1t off
was watching McAuley. My brother was shooting
at McAuley After he shot he loaded it and put i
back in the cabin. He stood 5or minutes after h
fred The gun Is in Butte; KhR, The harness msker
has it, my brother had the gun one two weeks; hi
wanted gun to hunt with; hehunted every day ate
he got t-huned for deer: did not kill any; he die
not hunt the day OF the shooting os the day before
We and lived together since June 26th. Ny brothel
has fence up with gate: the road is Travelled; the
gate Is kept shut.
Cross Examined-was standing about Is feet be.
hind my brother McAuley had pistol in his hand
pointing it at my brother; saidhe was a s. of b.
and "he won Id make dead henchman." Saw re
volver in his hcud; he had 1t nised. told my broth
or, Look out, he Is going toshootr' Istepped
or steps away to get out of the waythen my broth
er fired. McAuley said he would kill my brother
said 1t or 4 times and calledhm Names
Re-direct--McAuley and m, brother were 40 or y
feet apart: did not measure IL McA was there will
pistol in hand 3 or minutes. MY brother was in thu
cabin. McAnley called, Come odt Frenchman.'
Mr. Cslton was thee. 1t was three OF -four minute
after he came out before he shot He stood a coup'
of feet from the house. My brother had the gur
when he came out was outside Brother had beer
IN the house getting supper did not the gun wher
fired. brother said to McAuly 8 or times " Go t.
the law" McAuey was aboui Is feet from fence i
is rs feet from fence to house.
Cross Examined-My brother told McAuley 3 or 4
times he did not want any troable with him. TO go to
the law. ....s IN ... -........
Lon p. Smith sw0rn-Am Under Sheriff of Dee
Lodge county. Know defsndant; knew McAuley
Was called on evening of 2sh of October last to go
Blacktar Saw defendant iahis cabin: arrested him
Saw a small pocket revolver and a breach loadin,
nine in his house. He sho we'd me the rifle he sho
McAuey with; it was hanging on the wali--it was
breech- losder and was ioade This was abodt p
m took 1t 10 Butte, unosded 1t there,
WITNESS subsequently, asked leave to correct hi
evidence, saying he flied thcoad out before retnrnin!
10 Butte coald not pnlsad t cartridge, and dscharg
ed it,
kept the rifle and pistoli0 or ~ days and theI
gave them to Viinosche's bother Saw McAule
that night at Vests cabin. Saw Dr. whtford ex
amiue wound Was p,eser when bis declarato,
was made. Deceased was perfectly sane-but In pain
He would stop and then goan. Was there twice
about 20 minutes each time
fConoborated statement made to Hartmann
Cross Examined--The statement was made D, oba
bly, half hour before Whitford came.
Robert West recalltd-- Betbse moved McAuley,
asked him II he was hurs. He said he was killed O
murdered Said he wanted Aarchesseau to admins
ter ON his estate, pay himself out of it and zen,
balance to his sister This as Just after ne was sho
--before he was moved. Ihad been living In tn
neighborhood since Feb. on Mar ~. Know of Vii
nosches road. Was there before it was built lob
to as inelevan: argued as to road being publ
highway; takea under advsementl
Know road running through virrosches encles
ure. IL was used to haul wood and saw timber wa
used oy.traseling public. His ence enclosed thi
road. Had gate on 1t where 1t enters main road
Have been In that vicinity for three years in January
have known hcAuiey In that neighborhood for tw'
years In January. McAulsy's house lie about X to \
mile from Vrnosche's. There was line run between
their places by surveyor. was present and helpe,
survey. Virnosche, man who lived with HIM. Nc
Anley, the surveyor and m,eelf were present.
Witness made diagram of where line was run.
Part OF McAuleys ground was inside Of where Wiz
nosches fence 10 now. v'fuosche brought the sur
veyor there to the line, and was present when
| fauce ciaaaa cc~nor No