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

Joseph ViTnosche fbrother of defendant sworn-
Witness did not understand English very WE'LL Nc
Auley came where we were working. pulled up our
rope, took up the pick and shovel. Wanted iuss
with my brothcr-came at him with pick raised. My
brother pulled ont little revolver told him to drop
the tools. McA. said, Al will make dead French
man of you before long" McA. left and went home.
When my brother pulled the pistol McAuiey had the
pick In his right hand and shovel in his left and ad
vanced to strike him. My brother stepped back. |
saw McAuey two weeks before lie asked my broth
er who owped some lumber living there. He said - It
is miue" He asked If he had any to sell. My brother
said " No, l want 1t to build" and asked McAuley
how much he wanted. He said "Ouy a couple of
boards ix my fence" Ny brother told him to take
them.
Cross Examined-When McAuley had the pick
at the cabin-was about 100 yards Off My BROTH
said, "Put do wn my tools. dent want any fuss
with you" McAuey had been there or minutes.
Came through the fence Gate was not locked. We
had commenced the foundation tina, morning. McA
claimed the foundation was on his ground. He had
the pick grasped about the middle. This about
or Up. m, MICA raised the pick ard advanced My
brother backed 12 10 feet Was about 10 feet from
NcAuley. 1t was my pistol. He had 1t In the woods
with him and kept il after he returned He worked
little the foundation. He took pistol to the woods
to shoot rabbits
J. " suprenant sworn--McAuley & Halls ranch
joined my arrastra. Deceased had lived there three
years last May. Their ranch Joined Virnosche's Mar
chesseau and l bought McAuleys interest in the
ranch year ago last September. Got deed from
him. [Deed produced identified and offered in eyi.
dence. At time of shooting McAuey was living In
cabin ranch we bought of him. When Virnosche
took mp his ranch told him he could build where he
did. We bought the ranch for reservoir bnt did not
expect to back the water up to yirnosches bought
Halls interest in ranch this fan.
IDeed offered, objected to- objection sustained
gave McAuley permission to stay on the ranch.
Knew him well. He would weigh $50 to 1s5 pounds.
He was gosd man--was much stouter than Vir-
nGsche.
Frank Raynor sworn Heard the conversation Of
Virnosche and Montgomery. Think v. came to me
and that he and went up together to where Mont
gomery and Rivers were. Montgomery was piling up
cord wood. Did not hear Vrnosche make any threats.
Am not lure heard all the conversation. The talk
was general. Think defendant said he would haul
trees in the road II Meadows did not pay him.
Cross Examined--Did not pay particular attention
to the conversation. Think we all came away togeth
err. Think Vrnosche had not seen Montgomery be-
fore went up with him. did not hear any such
cohNcfsatioh us hon'somefy anu h'eis testheo TO-
Observation-Disclosures appeared 10 Dc talking 10
montgomery.
maAime Frnoscne aeiehuah'' s"orn--t Ms testi-
nohy anu cross examination was 80 foiumihous aoa
rapid only synopsis is givenl
ABOUT % O'clock p M oe'' So'n' Aehu'es came
tiioash 'he renee 70 "hefe was "orkihe. lsa'a
"Good evening" lie made no reply but said "What
you going to build ?" told him stable. lie said
oa "1 not so'"S " W III. ea." uan'n'u '"'nS
SOW ' n,s, "."n s'a ..'a "nsi ne
so. No.' nav ""S 'a a''
s''"Aa. W." "''I u'N nv NNo" 'a"s ""'' - Nc
'AoI" ~ ~ No"" ~ " 80" anu was "ioAs
NJ, w. -, an' ':,, n u' oa "on Won,
- ss,"... 80
.s.s ..-,.n W ' ' os"s"on' p'.,et
va .S.1r, 40 80 ,s,a.s -. w sal p..N
"n. . ana ,' ,,s A. puneu ouH lns
s.D,, 80, Az a.. , ,lu 'oo'' ie '"'"
it'll, .,''.a-s,,. 80 ~ '' N''s NC
IT, 90, 49,. s,as $50 :, ~ ,
T.. ,ta -. ..,,,,,.. c.. -. -, = W.. 80
-. ,,,, 20 $50 e. 'ns ".' ",,
-. -. g., 80, 'ae ..e ~ ps'''.
r-s..s.,,., 49,. :, 80. N
49,, = - 80 =, - .D
- - IT.. - 'oS 100 49, y. A". -
-, -. az 49, so.e .a'o 'no
He had IN. rsvolver in NJ. rioh, hand uo .aa an,
kin Won. a; h. Ts.s, w.r. NJ. lac, ,yo,ds
He was ucintiuy bis revo,ver =, ma 0rad No ,hon
car.a far hal, u.r,m.n yho ,,a. In a.. ro,a go,
Cd m nuu /, no,e off the f.rce :, ,yo. s,,,oa on
to,a him 70 come sronna ,hro,,,h ,ha ra,s Ir.n,
hold of INV ,,n for nro,a.,,on Ma ~, .,a, a.,
man. Tbongbt he uon,d n.e the six.shoo,o, on m.
M.,,o ma ~. No., l. ~. it,, 80 .,..t, -.
rus was 'ne mon,en' oeiofei hfea,
Tho window when he ,et,rned sa,y Mn, mi, ,hs ne.
Took cartridge in my hand He was so or 60 feet
from the house when ne pulled MS sis.shootei' Did
-" s-sr - aA rn'a H., .o "Uau -,
shoot him. borrowed the gun to hunt deer. They
weic plenty. Never threatened to get gun to shoot
anybody. When hred Intended 10 make McAnley