The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-04-23

VIM King, recalled Saw K give pl.t, To Hinton
told me where he put 1t. got IL and brought It to
Deer Lodge and gave it to Sheriff McAndrews
Thiak this 10 same pistol. There we're four cham
bers empty.
Frank Dowse sworn Was at o'Connor's mill June
81, 1879 the day OF shooting Had been at New
Chicago, returned. and first saw kennedy and Gam
mon about 10 oclrck, at the mill. Deceased return ID
about 1890. X asked King 70 uryoke cattle; think
he refused. Deceased said X. did not Get right that
while he went to Deer Lodge TO make a settlement
Z. came and drove hi. stock away: K did not pay
much attention 10 what deceased said. Deceased
asked King to 80 along with him. l got the horse
for deceased; he mounted and he and King started off
on Hope. went to look after nv FLIES: heard u
shot fred called the boys then heard Cd and 3D. shots
then saw King coming; he said the old man was shot
The shooting occurred 10 minutes after they left
Could not see the parties when firing occurred only
heard shots might have been more. X. was behind
King; he went on, turned back aud then come past
me-
2p.m
After door was carried up X. a, ked Cannon how
deceased Deceased raised up and told him to 90
| away, that he was dirty coward. K told Cagen to
let him go; thst he going to give himself up IN
| Deer Lodge.
Cross Examined-Think Hinton saddled horse for
deceased. was whiting stick gave 1t to deceased;
saw It here Mt preliminary examination Deceased
said he WIS going to drive the stock back they start
ed on a lope. Had gone 80 yards when heard first
shot. Saw King coming In perhaps minute after
last shot. K. and King were about rs yards apart
when saw them fret. Kennedy was going toward the
hill on LOPEZ then turned back and went pretty near
| to deceased: then turned and came down the road
At the bridge defendant spoke about being In Deer
Lodge trying to settle up. Deceased was somewhat
| excited X. turned and walked away. Saw there .
days BEFORE i was at the lake fishing. Saw K. there
getting some horses some horses in corral alb I'VE
the grist mill about 100 yards Saw deceased there
that day. II before Cagen K. that he said he
was going to give himself up. l took ks horse to
| bring other horses 10 go for a doctor.
Redirect-My coasin and went after the horses
There were only two horses sadded. My cousin took
one. Think Kennedy told me to take his. Deceased
told X he should have staid In Deer Lodge and set
| tied tina business. Do not think X. replied X
walked away got his horse and crossed the brdg,
after deceased told him he could not take the stock
| without legal right was rs or 30 feet from them
Deceased talked loud; X. did not talk much. Nv
cousin and brought down five horses. We went
mile or \ miles to to the pasture. left X. Is horse
and rode another blackstone one told me to leave
him, had two horses, and though they might be IN
the hand being driven away did not think there was
going to be any trouble had been at the mill for two
| months.
| Frank Harms sworn .-Was at OConnor's mill june
| q, 1879; was working for orc. Saw Kennedy and
Cannon pass by in forenoon; did not speak with
them X. returned between and 2 p m. Cannon
came afterward. X. had band of horses and mule,
ut the mill when saw him He took mule that was
| katad a,ds ~ orJ
with the band. Deceased came some 20 minutes af
ter. First saw him at the blacksmith shop getting
horse saddled. Talked with X. that day he laid he
was going to take the stock away In order to rave
himself and counsel he going to take all COWS,
too. offered to take Of them. X. said he would
take them away and leave them with Mr. Heady
Saw King and deceased up the creek. Deceased
asked me to give him whip; gave him one; 1t was
piece of edging off board probably IS or 90 nche.
long. Think it was off an inch board-had told him he
couldn't get the horse along without whip Did m,
notice X. have any firearms on. Did not zee K end
deceased together. After they started went back
mill and resumed saving; in or 10 minutes heard
shootng-the off bearer called my attention to it
stepped out and heard shots distinctly; went back
all the other men started Then went up the road
| King had come down and said. The old man Is shot
| King dismounted; took the horse and rode up Me-
X. ne didn't say anything. said, You will pay fo
this. Didn't hear any reply. X. had pistol in his hand
looked like Colts Navy. When got to deceased h,
reached out his hand and said K had shot him. Whei
l went to get door X asked me If deceased was dead
said, Go and Never had any other conversation
| with him.
Saw X. at the mill on the Wednesday before thu
Saturday the shooting occurred. X. and 10 tn,
mill talking: deceased in and wanted to know II
x. would go to Deer Lodge the next day to settle.
said he would If there any show. Deceased said
they would come and see Larabie, sharp and others
X. said II was use to Larabic. Deceased said
X. didn't know If they couldn't settle he was willing
to arbitrats it, each OF them to choose ant
they third and bind himself to abide by their decis
ion. Deceased said he thought he had made X. sew.
eral fair propositions, He would let him have the
steam mill, cattle, horses, wagons and all the
lumber and logs cut; he would give him HE cboicC
Of the upper property. lie asked K. to make him
proposition. X. said he had made one. understood
| they we're to come 10 Deer Lodge. -
Cross Examined-Deeeased asked pe at the black
smith shop il had pistol; said had not. lie then
got on his horse and started up the road. He In
debted 20 when he died. had no nnkind feelings
| toward deceased or K; have no amnesty toward
Kennedy.
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