The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-06-10

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) him in se!f-defense. In fact, Ford had SAID
it was while deceased was walking OFF that
he had blazed away and shot to kill. and
he thought the time had arrise ed when one
or the other must die. Larkin and Ford
were the only persons who claimed that
Henningar had fired at all, and the condi-
ton OF the gun disproved that, and the
position OF the wound showed that he was
walking away when he received his death
wound.
COUNSELLOR NArTOn
for the defense followed. He said that
there were but two propositions: First,
whether Il crime had been committed; sec
ond, whether either Of the defendants were
guilty. He was not prepared to say that
under the circumstances a committing mag
istrate should not require a reasonable
bail of Ford, but there was no reason why
Larkin and Cowan should be held. There
was 10 testimony that up to the time OF
the shooting either OF them were armed,
and there certainly was nothing to show
that either OF them mad attempted to con-
ceal the facts. They had come to the city
with the sheriff and had subsequently tes-
titled in such a manner that the Territory
had rested it's case. Butfor their voluntary
act there could have been no prosecution.
It was true Mr.. Cowan had for ii little
while declined to answer, but that was by
advice of counsel. They hadintended when
it came to their side to put Mr.. Ford On
the stand first and let him tell his story
and then let the others follow. The prose
cution had seen fit to change this, and Mr..
Cowan was compelled to answer the Qles-
ton. He quoted the testimony OF a num-
Der OF witnesses to show that Larkln and
Cowan could not have been accessory
either before or after the act. As for Ford
he was sure that he had a clear and
POSITIVE CLAIM OF SELF D%EFNEsE,
before any jury, and this the counsel briefly
outlined, laying particular stress upon the
fact that Ford was upon his own property,
and his belief that his life was, in danger. 1t
was not necessary for a man to wait until
he was shot at to constitute a self-defense.
Before Ford W held, the court should be
fully satisfied that he did not have reason
able grounds for belief that his life was in
danger. Mr.. Napton qnoted several au-
thorities bearing on the subject. 1t is not
the Territory of Montana that is prose
cutting, it is a private party that is attempt
ing to take the property Of another party.
He referred to the sale by Henningar Of his
portion of the property to Williams, and
said that the act had made former friends
bitterest foes, for Henaingar knew that he
had done a grievous wrong when he joined
the ranks OF his heretofore foe. AS well try
w GIN W SilV Il<th III VIZ IIcCA tp " toS
that deceased was upon a peaceful errand
hat day, and it goes to show that if the
defendants are held the fiume people will be
satisfied, If not the Territory OF Montana.
JUDGE
began by quoting the law and decisions
relative to accessory after the fact and
argued that neither Cowan nor Larkin
could be held. Speaking OF the hesitation
OF Cowan to testify, he said it was by adj
vice of counsel and because they knew there
would De men on the stand in behalf of the
prosecution ready to commit perjury. He
spoke OF the testimony OF one OF the wit
nesses who swears he saw Cowan fire a
shot and said they knew they had to meet
that class of testimony and had advised
their clients to keep still. The testimony
was to the effect that Ford owned the
property and one-half the ditch and that
he was only using one-tlird OF the water,
and the talk about deceased not getting
water to clean up the sluice boxes was only
a pretext. The job was put for Henningar
to go to the gate and Shut of the water, in
the expectation that the Ford party would
come after him and he would kill them.
FoRD OWNED THE GULCH
and had entered into Il compact with Hen
ningar who had violated the bond and sold
him out, and like all men who had be-
trayed a friendship, Henningar turned out
to be a bitter and unrelenting enemy. Ford
was in possession OF the water. What did
deceased go there for if not to take it away
by force. 1t had been testified that Hen
ningar stood on the bank and said, you
have taken my ground and my property.
now come and kill me- That was not
what he said. 1t was with his loaded rifle
in his hand II nave turned the water off,
come and turn it on if you dare Judge
Knowles said the prosecution had aban-
doned their own interests when they asked
that Cowan be held only as an accessory
for one of their men had sworn positively
he had seen him fire. In conclusion he de-
clared that the prosecution was being con-
Quoted by individuals, as was evinced by
the fact OF the presence OF Mr.. Stapleton N
the capacity of special counsel.
MR.. sTApLEToN
then closed for the prosecution. lie said
the defense had gone outside the case and
brought in matter that did not belong
there. He did not blame them for abusing |
counsel for that was their privilege and did
not hurt any one. However, they were
here to deal with stern facts and lie was
very sorry they We're so piled up against
his old friend Tom Ford. When he entered
the case he did not believe it possible that
a man he had known st long and well could
have so far forgotten himself as to be
guilty of such Il crime, and when the fact
a developed in the testimony it came to
him like Il slap in the face and had been
worrying him ever since. The counsel
claimed they nave a defensee, if they had
why was it not presented here. They had
been given all possible chance but hadfailed
to show it for the reason they had none.
Great stress had been laid upon the fact
that Henningar was armed, but no men
ton was made of the other fact that Ford
was the first man or the ground with farms.
Mr.. Stapleton said the Williams flume had
nothing to do with the case. Neither Mr..
Williams nor any OF his men were on trial.
He did not know why Mr.. Williams had
been logged in for he was the only law-abid-
ing man at the gulch as he had resorted to
law to protect his rights while the Others
had tried to take the law into their W
hands. There was Il suit now pending
against them for tearing dow the f1ume
and they had killed one OF the best wit
nesses and he did not know but that Viii
liams would have to get out another in
junction against them to prevent
THE KILLING OF THE REST.
He called attention to the evidence that
deceased had never before been seen with a
weapon and argued that he must have been
in fear OF bodily danger on that day or he
WOlliu 1lOU ltNc aIlltl IllllSCIl. ioIu oHiS
claimed one half the water right, and it was
not in evidence who owned the other-it
might nave been Henningar. Ford claimed
that he had owned the property for twenty
years, but strange to say he had never
thought OF working it before. There must
be something behind it. Speaking of the
claim that a man was justified in killing
another for trespass, he said it was all nom
sense, for if that was good law, a party
could be followed to his home, or through
the streets for days and weeks, and killed.
In conclusion he said that the defense had
shown no cause or ~provocation for the kill
ing, and urged that Ford be held, and the
others placed under bonds.
THE DECISION.
Justice Lippincott then announced that
Lynch and Stone were dismissed, and their
bond released Of all further responsibility.
That from the testimony he did not be-
lieve that he would be justified in holding
Cowan and Larkin as accessories to answer
before the Grand Jury, and he would there
fore discharge them and relievet their bonds.
The case of Ford he would hold under adj
visement until Z O'Clock, and would then
lot whether he would admit him to
bail or commit him without bail. At the
appointed hour the Judge announced that