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

nxe the pirtol In court saw 1t In Butte saw II on
morning of the day the Chinsman was killed should
think about O'Clock. II might hare been earlier or
| later have no distina recollection. Saw 1t In the
rsar OF Mr. Stoners sble on the prairie stoner had
II and gave It TO Do not know of my own knowl.
edge where Mr.. Sroner 1t. 1t was we. and some-
what rusty, with mud md dirt sticking between the
cylinder and the journal upon which 1t revolves. Four
chambers were empty md two were loaded. had the
pistol In my possession locked In the safe until about
the first of tins month Then laid 1t out of the safe
into lock drawer with directions to my wife to give
It to Mr. Lou Smith, hat was going to the Sun river
country and perhapsh he might want to bring it down
here. wentc Ton my trip. do not know how 1t
came to Deer Lodge except from hearsay. j believe
the pistol IL court to be the same one had in my
possession. Explained by diagram the relation of
the bunk in which the Chinaman was when shot to
the window The hank was is or 20 inches distant
| from the window might have been two feet. The
window Is near the northeast corner of the cabin:
| the burk lays opposite the window. We discovered
on the south tide Of the window bullet mark on the
CASING apparently shot diagonaly-from little
| further up Nah street than directly opposite the
| house. Saw oIs light broken In the window. 1t Is
my recollection5hasfhe glass considerably bro
/ ken TIE xinJow glass; as compared % the heiphth
| OF the bunk, was q little higher, should think.
There might not have been very much difference. 1t
was small log cabin.
| Cross Examined Believe / had my hands on de-
fendant first wheL The arrest was made although we
/ were all there at the same time We were walking
about three abreast. Yeager Smith and myself were
| there. described the ground Do not think the
vacant space was much as 81 feet front. had the
number of the pistol found but have lost It, will
swear believe the pisto in court to be the one gave
Mrs. Beck as Armly as believe exist. Do not
think would be going too far to swear 1t was the
same pistol Think II 80 or 100 yards from where
II last saw defendant to the place where saw him
| again when he was arrested. II might not be go
much: Do not think ever noticed the distance par
ticularly. Have been over the ground many time.
There were four shells and two loads in the pistol at
| the time I let Mrs. Beck have it.
Second day.
| Luther Yeager, night watchmaD, sworn-Saw de-
| fendant on the 18th at King g. Lowry's saloon; he
| wa. talking there to Sam Thompson. A few minutes
afterwards l saw pistol in his hand. Do not think
/ could recognize the pistol The one in court looks
| like pistol of the same make. Defendant was In
the saloon. where saw him, probably ten minutes.
He went out of the saloon and was gone some time,
| probably is or 20 minutes, and came back again.
| THINK i saw MIN aL tne DaT Vi the ralooh
Think when defendant went out, did so with Wright
| L. Lille. Am not positive. went out OF the saloon
and went up street, and was gone from the saloon
from 10 to Is or 20 minutes When returned to the
saloon saw defendant there. He did n t seem to be
doing anything. Defendant stayed theie a few min
utes and came out of ths saloon again. and went
down street. / left the saloon with Mr.. Beck, and
went down to the corner by Mr.. owsley's stable. Mr.
Beck made the remark, he thought Hopkins had
gone home Saw defendant go probably 20 or 70
Yards. Hopkins went down toward Union Saloon, on
PaIk street. Mr.. Beck went over home and went
with him, then came back to the corner of the
stable Heard some person knocking on Park street
but could not see who 1t wac. Knew defendants
voice and heard IT, Heard him ask TO get in the
house Think Il was at Lizzie Kimbalrs the knock
ing was done. This was perhaps ~ minutes o
somewhere near that time, after Hopkins turned
Owsley's corner. Saw him probably minute or two
afterwards further mp the street. toward the stable
Knocking at Lottie Bair's door. Did not hear hin
say anything. He came mp street and knocked OF
another door, Florence's. He came up street ant
passed where was. l was standing by wagon 0!
the corner of 0wsley's stable. He passed within
probably 20 or 80 feet Of me. Recognized him, ant
knew It to be Hopkins Identified defendant In eour
as the man who had passed him. followed dow
} after him. He came to China house on Main street
I and saw him knock on the door and heard him.
recognized his voice. lie wanted to get In. He cf
that house and went to another China house. Tha
| was the place where the Chinaman was shot II
knocked on the door there. heard him ask them 4
let him in Then he left that house and went furthe
7 down in Chinatown then turned and went bac
7 up town. Went to sabolzskys saloon Had no
been in the salooon over three minutes when hear
N tha sale N m
said Chinaman was killed. tWitness then detae
all proceedings that led to Hopkins arrest. HIS test
z mony was the same as that of Smith and Beck
z / asked defendant where his pistol was. Defendar
8 said he had given 1t to Wright Lille
3 Cross examined.-I am positive heard one sho
T would not be positive heard more than one.
g. B. Thompson sworn--Saw defendant have PHI
It tol in King q Lowrys, about midnight or morning
a the l2th II was Colts self-cocker, like the one
g court. After had got two noisy men out of King
: Lowry's saloon, Hopkins said to me: II you want
o six-shooter here IL as good one as you eyer ba
i Witness detailed all that had occurred In the saloo
that evening and behavior of defendant. The test
mony was the same as that given BY other witnesses
e L, Stoner described the finding OF the pisto
,l frst saw It about four rods back of my stable.
It was lying by the side of path. Ishould think aoo
two feet to the left of the path. II looked as thong
10 II had lust been dropped there. saw there WEI
IS four chambers empty, and ! think there we're tV
= loads in the pistol Some Cinnamon came runnir
s into the stable They pulled me and led me to whe
l, the pistol was.
et Cross examined-This was between and ga. m {
> the 12th :.
d L. p Smith re-called-Gave the number Of u
e pistol found Is, 1886. Mr.. Beck took the number
in the pistol down ct the time he first got 1t.
he Beck rc-called-Did not remember the number
at the pistol and had lost memorandum of the numbe
he All Sick, Chinsman, was sworn. according to 6
10 usual form in court, to act as interpreter.
st July, CT inaman, testified to the finding of {
a. pistol and its passing into the possession Of
m | Stoner. -.. s...
> Lee All Lee, Chnaman, corroberated the above.
is All ououg. Chinaman sworn-Lived in the hou
W where the Chinaman was killed. All Foo was asle
Nv way ND" was asleep " way down" Heard pie
1t. shots. ..a -.
III o-About what time A little over o'clo;
sr. ae got no watch. Cannot tell certain.
ad O-Hsy many times did he hear that pistol 20 ol
,er A-The first time he shoot, come through windo
H. break glass. Make him scared. Take blanket q
on wrap him all mp over here
,et o-Ask him how many shots he heard? At
to times.
aw o-Ask him the name Of the man who was sh'
red A-Ah Foo.
ON o-Ask him IL he heard An Foo say anything al
he these pistol shots7 A-Ah Foo say get shot.
yas pretty near dead. You get somebody to arrest
sas man. That 10 ali be said.
The o-Ask him whether All Eco said This before
m two shots were fred or afterwards A-First q
Il the shot broke window and Just about little while
me .hot other one Then he hollered. Then say he
ind shot.
art o-Ask him what else he saw or heard theref
IL He say nrst time he broke the window; shot In
the frames. He sEy when he broke window he rolle'
the the corusr. And other ones shot again. See pi
red right in the window that way. Zeal black An
say he got shot, Then he was roll In the corner u
d III Q-Ask him which way be looked when he role
kan the corner Ale say he roll In the corner there
1t lust looi .sst way. and All Foo say be dead pr
nm soon then. Then see man pat face right In the
IT dow. He said he had light there on the table,
va come back to sleep.
.ino o-Ask him II he saw anything there that evei
ay after the shots were Cred II he saw any person
rty. Yes. when pistol gone out lie see right In the
soq. ner. See man put his face close to the window.
le = Oak Lin II he knew that man1 Ayes.
his that the man. [idedtifying Hopkinsl He say
v.s he run ont IN the street to call Frank Beck.
nse oak him II this man put his face TO the win
,rds before or after those shots were red He sav
"a. time sYot aid not know which way come After