The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-01-02


street, snd probably four or Eve hundred yaidf from
the Union House. The Chinaman who was shot was
lying In hunk at the back end Of the room he was
In Tt was a single bunk. think the bunk was
little higher than this table. Went 10 the China
house In the morning and started in 10 search for
pistol as soon as 1t became daylight Hunted for tns
pistol and then went and examined the house There
was pistol shot through pane of glass; also, an
ether one in the window-casing where the bail mac
lodged The bah struck directly in the corner, cor
nerways and lodged in the piece beyond. Examined
the places Inquired for the bah taken out Of there
Then q Chinaman gave me this ball. II was shot
that did It. The glass nearly all In the window
when nrst saw 1t. Did not notice any powder-burr
on the window casing. The room In which the chi
naman lay was about II or 12 feet deep. It was not
large room. The window was probably ~ or 8 feel
from the ground. should think the bullet-hole In
the window would be little higher than the bunk
The bah did not break the glass ont OF the window
altogether. It broke hole. Invent out and exam
ined the house on the outside. Did not examine ths
Chinaman's bed clothing. There were several u
there when went In. Ijust went In and saw where
be was hit then went back again. Hopkins had
told me he was partner In he Union Saloon.
never had any conversation with Hopkins about hii
pistol except trying to find out where it was. The
ball In court fitted the calibre Of the pistol In court
1t is made for that calibrc of pistol in my Judgment
! have tried 1t.
Cross Examined ed-Cannot swear positively where
the pistol has been since II was found. / told Mr.
Beck to take care of It. He has had II In his posses
session since the Sd of December, 1873. 1t has beer
in the sherif's Office think there was little more
rust on the pistol when first saw 1t than now. Sc
far as the loads are concerned 1t Is In the same con-
dtion as when found. 1t was bout nine o'sock II
the morning when the pistol was found. Do not re-
member the hour exactly. II in the fore part Of
the day. Hopkins was not over two or three feet
away from me when first saw him. Do not thini
the hole in the window-pane could have been made
by bullet thrown from the hand. There was moth
ing TO tell that the witness had noticed whether the
ball that broke the glass was fired from the inside o
outside of the.cabin. / found lead-mark In The
hole where the bail had entered the window-casinR
The bed of the bullet showed very plain In the ca
sing. should Judge 1t was little past two ocloci
when was woke up. Could not tell exactly. Did no
think to look Do not think had bed long. i fee
confident 1t was between 2 and o clock when wa
called up
Re-direct-Did not compare the place where tn
bullet had been embedded In the casing with thi
bullet made no comparison at all. Could not sa.
what sized bullet made the hole. Could say 1t wa
not ont of Minnie rife The place where the bul
let struck in the casing was loaded. 1t was fresl
mark. It was not an old one, but would not say hos
old Hopkins clothes were wet when he was arrest
ed He had not got on the street. He was here o
the line Of the building. We came up and we.
| probably not over two feet apart As he passed
recognized him: that lie, thought did. lie ha
| turned towards the Union House. Mr.. Beck said
| Halloa Hop" cannot tell whether / spoke b
fore that My recollection Is that was the first said
don't think Mr.. Hopkins spoke to Heck, but spok
| to me. At that time had taken hold Of his hand
| and he wanted to know what wanted with him.
occurred there very quick.
Re-cross-I know nothing about the shooting.
heard no shots fred and know nothing about H.
believe that the ballet In court, with the point smash
cd down or swcdged. was not moulded in that maj
ner, but had been fired out pistol (Witness coul
make the butt end of the bullet at In the shells
cour,.l
Re-direct-I judge the swedging was caused b
| cause the ball had been shot aud had bit some ha
| substance.
| j. T. Beck sworn-Reside in Butte. Was thei
last June Was officially acting as Deputy Sheriff I
| this county. Know the defendant Saw him on Il
| nth of last June-1Ith or 1ath-in King Lowry
| saloon Was called to 20 the saloon. Do not kno
| exactly the hour 1t was sometime about II o'cloc
| had retired and was aroused by some one rappir
on the door or ringing the bell. Went to the do
and was informed Mr. Dell wanted me to go oy
there. Some Rainbow boys were there drunk al
breaking windows and disturbing the games.
wanted me to 90 there and take charge Of then
| Went and looked in through the glass front. ss
Hopkins and Sam Thompson standing by the count
or bar Hopkins was standing apparently hsteniI
to Mr.. Thompson talking. He was standing with
left side to the counter. His left arm, think, W
raised and on the counter. 1 remained outside
perhaps half minute and went In. Met Mr. Wells
While talking with him saw in Mr.. Hopkins rig
hand something which took to be pistol TOOK
| second look The secord look convinced me 1t "
a pistol. walked up and grabbed the pistol and Z
marked to him " he did not put II mp l would "a
II away from him Defendant had 1t In his ric
hand at the time. He did not appear to be doing an
thing but tn king; in fact could not hear what
parties were saying. Mr.. Thompson appeared to
doing the talking to Hopkins. He changed the pisi
over 10 his lett hand thought ana asked what RIG
had to arrest him. / paid but httls attention
what he saId. Asked Mr.. Welsh If defendant "
not on bender or on the war-path. This last "
objected TO by counsel for defendant, and the obje
ton sustained Irpoke to Wright Lille about Il
: | time He eaid Hopkins was drunk some. ga
: .Ynu had better take him home he is liable to
In trouble. Lille approached him ard be and Hc
). kips went out of the saloon. then approached a
, | talked with Mr.. Yeager, the nisht-watchman.
4 | NAMED there few minutes. Saw defendant with
, Ave or ten minutes after that time. Saw him at
: faro table In King d Lowry's saloon. Saw him
the corner of the table. was looking through
4 glass 'front.' Saw him make motion as IL going Ii
!. his vest pocket for money, Drew cigar from his
pocket ana lit it, gave few whffs, arose from the
!, ble came out, walked down Main street, and saw
for perhap, 30 or 40 feet said, Lets shadow hin
= | Defendant turned and went in the direction of
, ! home or place Of bueiness--the Union Saloon.
a watched him as far as we could see him Do not KIN
xbether there were any lights on the street or \
After standing there few minutes, 1t was raining
A went home and went to bed Was aroused by Yeas
r Cannot tell how long 1t was after had retired.
IL retired and had fallen asleep and slept some. Yea
C. said. !" Get up that man" Iobjected to1 Got
,e First went out to Lon Smiths place; met Thomp
n and Attorney Mayhew turned from them and
ss Ion smith and Mr.. Yeager. We three went down
II the cabin where the Chinamanlay who was shot.
n | the chiraman at distance Of or feet. Obser
that the pistol defendant had in his hand In the cal
in was nickle-pia,cd one. Could not tell what
At make was only saw the pistol momentarfy. II
n. a bright nickie-plated pistol DR.. Thompson
to probiny and examining the wound when reached
cc place where the Chinaman was shot Saw tho Ch
re man again. He was lying there as corpse. Too
1T | for granted II was the same one-was In the 9
nv house. Went TO the Union Saloon with Smith
ns Yearer. First attempted to get into the saloon
ed of The building A lamp was burning In the dan.
ms apartment, or sleeping apartment, rather Found
ey door locked. The curtain was not quite down to
be- bottom Of the glass. Looked under and discoy
aid there was some ole In bed. The door being lock-
ad put my arm In 70 light being broken ouD but fon
NJ. could not undo the door. A portion Of the br,
ug glass dropped down and the person in bed rose ur
w: was Mr. Coleman. We did not 90 into the n
,ad After leaving the saloon perhaps about 90 d
ing should Judge the distance was-there were opeI
ain cant lets used az a pasAway. Asw were wal
, Of along come person came out. He came up diago
i'm towards me At nrst did not rscoenize the p
tol. noticed he had his hat dowE over his face. r
be- mzed him ~ being defendant whereupon ms
tell spring and grabbed him from behind By both Q
out arms. Defendant was ccming from below. Thi
sll. 30 OF 70 feet, perhaps 100, from the Union H
,me Explained ey diagram.l He was bearing of tos
y the Union Saloon building; was walking vii
the head down: was pretty wet wetoh him We
ot.1 looking for him and wanted him. Do not rec
Acre what be said. Took him down 10 the calabcos
pty, locked him uD. Searched him right at the I'll
abay his arrest hastily bot did mot and pistoi
- st~v. I ssked him what he had dane with his /