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

Dthei. C-Coltons wagon. T-T0"utends ""Eon' |
sharp coloquy ensued between counsel for defense
and wiinessl. McAuey acted like mad man goirS
and coming He did not tell me what he went nome
for-had an idea he went for pistol As he went
through the fence four five inches OF pistol
scabbard under his coat lie did not say he was going
home for pistol.
Re-drect-During first quarrel deceased did not
have on belt or scabhard Thee was man working
within 25 or 30 feet OF Virnosche when the gun was
fired. Saw him with the gun to his face Saw dis
charge of smoke. Saw the dust fly from clothes OF
deceased Saw VirnoscLs reloadiag-saw no one else
with gnn.
G. Cotton sworn-Live near Bozeman. Saw the
shooting affair Had stopped near VirncscheS house
and was feeding. Was in n covered wagon getting
grain for horses. Heard words and looked oui Of a
hole In the Heard pistol mentioned by Nc
Auley Supposed he was talking to virncsche. Went
on feeding my horses. Looked In direction of the
men, Saw virnosche backing. McAuley had some
thing in his haI.d. Heard him say Virnosche q must
not point pistol at me-" virnoschs answered low.
Mchuley said "f you want 10 shoot, am on 1t" or
words to that effect AZ he turned and went away he
said something about dead Frenehman. Virnosche
afterwards came down TO his house and built fire.
The evening was cool lie asked me in to sit by the
fire. Went in. vimosehe told me of come trouble
between West and himself and that he thought MICA.
came there to pick quarrel with him. We talked Is
or 20 minutes. He said, al am afraid he will come
back" Then he looked ont and said. " There he
comes now" / then went out. saw McAuley reach
TO bis right sde-supposed 1t was for revolver He
hallooed, Where's that Frenchmana' then start
ed TO drive my stock away, which was close around
the door. McAuley said, TELL him to come ont here
II ne dares and sther talk. Finally Vrnosche came
out NcAuley call,d him id g. Of b--,a French
chr frog eating So of a b. and the like. drove
my horses away thinking come OF them might get
shot. Spoke to Hartman. Saw Townsend and went
to speak to him. McAuey was still talking ver, loud.
Think heard him say g. I'll kill You yet, you sol
b., you mark my words" Think this was just be-
fore the shot fired. The men were about 10 feet
apart. When saw Virnosche outside he had gun
in his hands: about 25 feet from him. Was not
looking at them when the shot was fired; turned
around then; think virnssche stood still. went to
McAuley; he was within about feet of the fence,
crouched on the ground. Hartman raised him mp and
took his revolver. McAuey said to not raise him up
to unbuce his belt and unbu ton his clothes that
he was shot in the belly; did not what became of
the pistol.
Hartman and went to the fence toge ther; started
virnosche told NJ to not break the rail-to come
through the gate Whom next saw Virnosche he
was near the door-think he ont and went back;
did not see him have gun then. afterwards went to
| the door of the house. Saw Vinosche there. He
| asked where McAuley was hit. Think told him.
About Ave minutes after West camel got my team to
hitch up and haul MICA uey to Vests house. He then
felt so bad they thought he could not be hauled and
| drove off
yirnosehe's brother was working by at the
time of the shot. Think he could not see the men
quarreng for the house. McAuley 20 or 90 steps
from the house when he was shot.
Cross Examined -McAuley had something In one
hand Was twisting himself and shaking and making
gestures with both hands and pointing to the stakes
and lines IReitersed cpithetsl Told Virnosche "he
darent shoot; he on his own premises &c. NV
hsrses were near the cabindroye them away so they
would not get shot If McAuey fired that way. Heard
the words Dead Frenchman." as McAuley went
away. e g f
Redirect Mckuey was advancing SO that If he
fired my horses would be in range. If Virnosche
fired they would not be.
| T. d. Townsend sworn-RRow OF the shooting.
| Was going to Butt. that day with my team. Heard
| loud talking when got within 200 yads of Viz
nosches Conld soon the parties Drove up close.
L saw one man ABOUT % yuIus Ntrt VI DclOfc
stopped-ha was talking loud. Head him cay just
unheel yourself 81 you dare dropped and was talk
| ing to A man who came out y,rnosche ordering
| the man out Of his premises. The man-McAuley-
wac threatening. Heard him say " You id French
s. of b. will kin you yet, now mark that" vir-
nosche .old Kim TO get ont of his enclosure. I
talking to Cotton. Looked up. saw vhnosche raise
/ the gun Looked ut MeAuey. The gun fired. Saw him
i put his hand to hts stomach--wak or steps, then
turned to the fence. then be fell. called to Vir
nosche TO not siioot again. Ny horses fighen-
| ed-got them quiet. Went up and talked to Vir-
nvsche, Told him to put mp his gun. He said he
was afraid McAuey might come back and kill him
/ yet Then went to McAuley-saw another man
| there. saw virnoschc have gun. II was little
dusk was rather facing yrnosche when he fired.
/ Saw him discharge the gun. Was close to him when
| / told him TO put 1t up-it breechloadcr. He
went In and put away he gun. Don't think went In
| with him. West was with McAuley when reached
them Saw pistol there few moments later.
/ remained three hours. McAuley was put on
| stretcher and taken to Vests house-went there in
about an hour. Saw the wound In stomach. Was in
| virnosche's house. Saw abreech-losding gun there
| Think 1t was the same one.
Cross Examined-T Thought McAuley was rather
small man-heard 1t said he was large man. but did
not think so-might have weighed 100 ponnds-did
not notice closely. Reiterated about oud talk as he
approached and for minute or two after be arrived.
Did not hear yirnosche call AcAney any bad names.
Heard McAnley say i've or three timer, viii kin
you, mark words" He had something in his hand
and he seemed to be excited-was making motions To-
ward defendant. II II was pistol he had II grasped
By the cylinder, could 1t above and below the
/ grasp
/ Redircct--virposche had gun-seemed to grasp
the hsrrel in his left hand and TO have the baeech
against his hip with the muzxle little elevated. He
was looking at McAaey. a@ .
Couit adjourned till . a. M, Monday, Dec. 18th.
Monday 18th. sa.E.
Or. o. D. whitford swon-Am practicing physi-
clan aud surgeon. residing In Butte. Knew John A.
| McE rley On sSth Of October last was called to
Biscktai Guieh to treat him. Foand guEshot wound
| on his person. The entrance Of the wound WA on
the right side Just below the diaphragm; the exit
the left eide about two inches owerpassing through
the stomach Probcd the wound. found u Of fatal
nature: the exadstons from the stomach. Mover
saw any oss recover from suck wound. Saw him
art abost D. m Remained until II p. m. wfen be
| died frcn the effects Of the wourd. told him =
coon a Examined the wound that he could not live.