The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-01-02
TRIAL OF JENKINS HOPKINS
For the Shooting Of Ah Foo, a Chi
naman, in Butte, June u, 1879.
REMARKABLE CASE OF clacuNsTANTlAL
EVIDENCE
And o Fearful Warning to armed Inesr!ates
who 90 On Spree.
Convicted and Sentenced to Twenty-Five
Years In the Penitentiary.

Convicted and Sentenced to Twenty-Five
Years In the Penitentiary.
IA brief synopsis Of this case, tried here this ter
OF court. appeared In the NEW NORTHWEST of the
26th utmo. " IL proposed to give the details M
gathered from the testimony,l
Fret days proceedings, December %.
Before the jury sworn TO try the case counfcl
for the prosecution said he proposed to put the fol-
lowing inte roaatiun to each Juror:
Have you any prejudice against the Chinese NJ a
race which would influence you In rendering verdict
In thIe case. where the person killed 'was China
mans
To the putting of which interrogatory the defend
ants counsel then and there objected on the ground
that II would bu equally proper inquire of each Iu-
ror Il he had any pref ndice against any other race
Counsel for the prosecution stated IL WIS proposed
| to ask this question not offering ground for
challenge for cause but for the purpose of discover
ing the opinion of the jurors as cnlightenng the
prosecution In regard to whether or not he might
peremp,oriy challenge the juror.
| The Court held that under these circumstances the
question was a proper one and allowed 1t to be put
Jury was obtained at 10 minutes to p. IN. on the
23d of December 1872 and the trial Of the case pro-
| cecded with at once.
SYNOPSIS OF TESTIMONY.
| Dr. j. Thompson sworn-Reside in Butte; physi-
clan and surgeon was cal led between one and two
O'Clock on the morning of tho 12h of June, 1872 to
| attend Chinaman who had been shot: found him
on lower Main street in a little cabin; he was lying
| In bed with gun-shot wound of the abdomen, the
ball having penetrated perhaps the width OF two nm
GERS or two inches the result fatal: the result
OF the examination showed the ball had entered the
cavity of the abdomen, below the navel. the width
| OF two fi gers; II might have been three; the
wounded Chnsman died about four or five O'Clock on
the afternoon Of the 18th: the canse Of his death
| was unQuestionably the gunshet wound.
| Crossexamined- The result of such wounds Is al
most always fatal when they penetrate the cavity OF
the abdomen there have been few cases where the
persons 30 wounded have recovered or where the
wounded party did not die; could not tell anything
particularly about the range OF the ball : did mel
make special investigation ascertain 1t seemed
| TO be direct however went into the cavity without
any tendency TO range either right or left or up OF
down: the thickness Though there into the cavity
was about half an iuch
| Al Dell sworn-Rcside In Butte; saw defendant II
King & Lowry's saloon before the shooting: he wal
| In there drinking and talking TO different parties
| was somewhat intoxicated; had come words with
parties from Walkerville saw defendant have pis'
tol IN his hand-a Ave or six shooter; was trying u
keep ont Of the way of It: 1t was nickle-piatee
pistol could not swear positively the pistol In conr
was the one defendant had could not tell whether j
looked near like II not 1t was about twelve or ont
/ o'clock when saw defendant in King Il Lowry's
| do not remember the hour exactly; recognize dc
fendaut as the person l saw in King q Lowry's witt
| pistol In his hand. The pistol defendant had wa
about the same size and looked about the as tn
one In court. Defendant had the pistol In his ham
and was standing the end Of the bar this was tn
time that City Marshal Beck came In. Mr.. Bec
reached for the pistol and said Give that pistol
me-" and defendant said No" 4 heard him m
IL will not give you that pistol" II he said any
thing else do not remember IL. After this defend
ant put the pistol in his pocket and walked To th
other end Of the bar. While there he he pulled or
the pistol again. saw 1t up over the counter; the
| he put IL In bis pocket, remained theie few mr
utes talking aud said, "a am going out and don
want anybody TO follow me-" did not see defendar
after he left the saloon. Al one time defendant "
fered TO give his pistol to Mr.. Sam Thompson; th
yas time when he had IL in his hand it was by b
side; do mot know whether It was cooked or no
! While the fuss was going on with the Waikeryil
men I cent man for Mr.. Beck. That was why !
Il
Vile man in the row ont Of the house and his frent
,oot him away. heard the shots about ten or d
teen minutes after Hopkins left the saloon. AIT
defendant left the saloon ! siartec 10 60 homs
| heard three or four shots-do not recolect which
| ,upposed they were fred In the saloon and wei
hack. but everything was quiet there. Saw u
) | wounded Cbinaman. DIR. Thompson was present
slso, Sam Thompson, a man named Frisco; do d
remember whether Wright Lille was there or no
think Johnny Thompson was there; there were OF
era present but do not recollect who they were
Crosse Examined-Didn not take particular notice
the pistol defendant had in his hand. Could not swe
the pistol I'm court was the same one. All can q
In the pistol In court looks like the one defenda
had. reside right next to Templars' Hall. Thoug
= the distance from the saloon to where the ch,nam
was who was shot was three or four hundred YARDS.
Redrect-When defendant had the pistol In !
hand In the saloon 1t looked like cannon TO me-
Recross-Have seen other pistols that looked II
, the one in court.
A. Levy sworn-Reside In Butte: know the
fepdant; saw him In King q Lowrys saloon on
| nth or 18th: do not remember the date exactly.
was about the time the Chnaman was shot !
feodsut was drunk think this was between twel
and one o'clock; did not notice the time Saw
fepdant have q pistol In his hand. Could NOT
| what kind of one IL was. He had II MS nal
- standing alongside OF the counter talking with
Thompson when saw him. DID not zee the pts
| Afterwards. Defendant left the saloon few minu
J after Frank Beck talked to him. There was pre-
big crowd and lot Of drunken men In the saloon.
did not want to be around. Heard defendant max
remark as to his fighting qualities with MS INST.
not hear him say anything about shoouns anyoo
Couh not recognize the pistol In court as the {
all tha loon 0ulv IL down
.,s aide could not tell whether II was nickle pia
one or not. Chinaman came to the saloon and
that somebody was shot In Chinatown; did not b
.nv shots saw the wounded Chinaman; did
tste notice of the hour; can not say how long
wsvs after saw Hopkins; thought 1t was an D.
afterwards. saw Hopkins after he was arrest
talked TO him through the jail window. There
- nobody present but ourselyes. ] said 70 oeiend
ne had got himself IN nice scrape that ne was
= cused OF shooting Chinaman. "Oh, he'll hopA
.a,d. 81 don't know anything about any CHINA na
u uopk,ns was kind Of sleepy He had been WOKE
vhen he was called and dropped back TO sleep wn'
went away. had no conversation with MIN 10
t,on TO the pistol none that recoilecf' Wh'
uonkips in isii he looked pretty near Ike
,ve ..,,e fIe was pretty drunk. ! have related all
ons ,vsy.ation that occurred at the jail n well as
,,cr,,ect in regard to It. was the one who went
peck before the shooting, There were some or
Rainbow crowd /" In the saloon Grating . diss
.nce. They had broken couple Of windows wne
y came hack. Hopkins was looking at the faro q
..w the pistol In Hopkins hand after ! had RET
ell from Frank Becks.
Cross .Examsned--The Rainbow crowd wero y
druuk. They were all on their muscle oil want
6ght. That was the reason went for Mr.
siy There were ave or six Of them there. isaw
man take his coat Of and want 70 hent W.
. saw Hopkins In jail he had hold Of the oars sno
svsying 10 and fro while was talking 70 nun.
had the shakes or snakes be was pretty =.
:. could not stand up. This was along aoou' a.s'
- m the ssms morning be was arrested.
~ Redircct-Do not know whether HOPKINS
=" ~hIsky in ian or not Hopkins had tenoeo pa
a Fred Taylor. At the time this shooting occuii'
8 49, Il business for himself; was keeping saos
Pay street known - the Union House.
..rsa Colemsn vas said 70 b. hss partner. ~
q snor = man by the name Of Jack Montague.
. GOOD many mon BY their arst names ooI =
,hssr LAT ones. Recognise Hopkins . me
u - ~ she saloon with pistol In MS hsno.
K