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

for the prosecution said he proposed to put the fol-
lowing Dte. rogation 10 each Juror:
Have you any prejudice againft the Chinese as
race which would influence you In rendering verdict
in this case, where the person killed was China
man?
To the putting of which interroGatory the defend
ants counsel then aud there objected on the ground
that would b. equally proper to inquire of each n-
If he had any pref udire against any other race
Counsel for the prosecution stated IL was propored
TO ask this question not offering ground for
challenge cause but for the purpose of discover
ing the opinion of the jurors, enghtenlng the
prosecution In regard TO whether or not he might
peremptory challenge the Juror.
The Court held that under these circumstances the
question was proper one and allowed IL to be put
Jury was obtained at 10 minutes to ? p. IN. on the
23d OF December 1879 and the trial of the case pro-
cecdcd with at once.
SYNOPSIS OF TESTIMONY.
DIR. j. Thompson sworn-Resde in Butte; physi-
clan and surgeon was cal led between one and two
O'Clock on the morning Of the 18th of June, 1873, to
attend Chinaman who had been shot: found him
on lower Main street in a little cabin; hc was lying
In bed with gun n-shot wound of the abdomen, the
ball having penetrated perhaps the width OF two I'm
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 GI gers IL might have been three: the
wounded Chinaman died about four five o clock on
the afternoon of the l2Lh: the cause OF his death
was unquestionably the gun-shot wound.
Cross-examinod- The result of such wounds is al
most always fatal when they penetrate the cavity of
the abdomen there have been few cases where :hc
persons so wounded have recovered where the
wounded party did not die; could not tell anything
naFti ahnuf he Of
make a special investigation 10 ascertain II seemed
TO be direct however; went into the cavity without
any tendency TO range either right or left or up or
down: the thickness through there into the cavity
was about half nm iuch,
Al Dell sworn-Reside In Butte; defendant in
King & Lowry's saloon before the shooting he was
in there drink ing and talking to different parties
was somewhat intoxicated; had some words with
parties from Wakervie saw defendant have ps-
to IN his hand-a Il ge or six shooter; was trying to
keep out of the way Of It: 1t was nickle-pated
pistol could not positively the pistol IN conrt
was the defendant had could not tell whether IL
looked near like 1t not it sbout twelve or one
oc ock when ] saw defendant IN King Lowrs:
do not remember the hour exactly recognize de-
iendant as the person saw in King Il Lowrys with
a y stol in his hand. The pistol defendant had WAS
about the same size aud look cd about the the
one in court. Defendant had the pistol In his hand
and was standing the end Of the bar this was the
time that City Marshal Beck came in. Mr.. Beck
reached for the pistol aud said, Give that pistol TO
me :" and defendant said 40" herd MIN say
Il will not give YOU that pistol" II he said any
thing else do remember H.. After this defend
ant put the pistol In his ckct and walked To the
other end OF the bar While there he be pulled out
the pistol again. SAW it up the conn ter; then
he put IL In his pocket remained there few min
utes talking and said d" am going ont and don't
want anybody to follow me-" Did not see defendant
after he left the saloon At one time defendant Of
ferod 10 give his pistol TO MIR. Sam Thompson this
was time when he had il in his hand II was by his
side; do not know whether IL was cooked or not
While the fuss going on with the WalkcrYllie
men sent man for Mr.. Beck. That was why he
| came To the saloon. Parties got the chief walker
vile man in the ont Of the house and his friends
took him away. heard the shots about ten or NJ
teen minutes after Hopkins left the saloon After
| defendant left the saioon / started to go home :
heard three or four shots-do not recollect which ;
| supposed they were fired In the saloon and went
/ back but everything quiet there. Saw the
| wounded Chinaman. DR.. Thompson was present !;
| Also Sam Thompson, man named Frisco; do not
| remember whether Wright Lille was there or not !:
| think Johnny Thompson was there; there were oth-
|
| Cross -Examlned-Di not take particular notice Of
the pistol defendant had in his hand Could not swear
| the pstol In court was the All can say
IL the pistol In court looks like the one defendant
had l reside right next to Templars Hail. Thought
the distance from the saloon to where the Chnaman
| was who was shot was three four hundred yards.
| Redirect-When defendant had the pistol in his
| hand In the saloon IL looked like a cannon to me.
| Recross-Haye seen other pistols that looked IKE
| the one In court.
| Iayy sworn-ResIde in Butte: know the de-
fepdant: saw him In King Il Lowrys saloon on the
| nth or l2th: do not remember the date exactly.
was about the time the Chinaman was shot De
fepdant was drunk think this was between twelve
| and one o'clock; did not notice the time saw de-
fendant have a pistol in his hand. Could not say
| what kind Of a one IL was. He had 1t his hand
stapdiny alongside OF the counter, talking with MI
| THOMPSON when saw him. Did not see the pisto
afterwards Defendant left the saloon few minutes
after Frank Beck talked to him. There was a pretty
| big crowd and lot OF drunken men in the saloon
| did not want to be around. Heard defendant make
remark as to his fighting qualities with his hst die
| not hear him say anything about shooting anybody
Could not recognize the pistol in court as the ont
defendant had In the saloon; only saw II down pl
his side: could not tell whetheri 1t was nckie piaes
one or not A Chinaman came to the saloon ana sais
that somebody.was shot In Chinatown; did not hea
any shots saw the wounded chiaaman; did no
take notice of the hour; can not say how long thi
r.ys after saw Hopkins; thought It was an heu
Afterwards. | saw Hopkins after he was arrested
talked to him through the jail window. There wa
nobody present but ourselves. / said TO deiendah
ne had got himself IN n nice scrape; that he was nc
. | .,s.d of shootiny Chinaman "oh, hell, Hopkin
said al don't know anything about any chinanan.
/ uoulins was kind OF sleepy. He had been woke u
w,en he was called and dropped back TO sleep when
we,, away, had no conversation with him In rei'
tiop To the pistol none that ! recolieef. When
s.w Uonkins In iail he looked pretty near ike u
'e nsiie He was pretty drank have related all IN
conversation that occurred at the jail as wen as ca
recolect in regard TO 1t. was the one VINO went y
Reek before the shooting, There were some Oh u
!. Rainbow crowd " in the saloon creating disturb
ance. Taey had broken a couple OF windows wneh
came hack. Hopkins was looking at the faro gam
..v the pistol in Hopkins hand after had retnr
cd from Frank Becks.
Cross. .Examined--The Rainbow crowd were pret
drunk, They were all on their muscle AL wan.ea
6pht That was the reason went iof mr. Dee
y There were five or six OF them tncfe. saw
man take his coat off and want 10 hgh'' "aeA'
eco uonkins In iail he had hold of the bars and
....,,ng - and fro while was talking to him.
had the shakes or snakes ne was pretty aiun
could not stand up. This was along ABOUT dayofe
!. N the same morning he was arrested.
~ Reairect-Do not know whether Hopkins
whisky in jail or not Hopkins had tended oar
Fred Ta,lor. At the time this shooting occurred
,,a. IN business for himself was keeping Saloon
Pa,k strect known as the Union HOUSE. = -
named Coleman was said to be his partner. 10
know man by the name OF Jack koniague. an
a good many men BY their FIRST names oa' nos
their last ones. Recognize Hopkins - 'ne Aa
saw In the saloon with pistol IN ne nanu.
p.r,oss- Il was raining pretty hard that Eight
was dark. - -.