The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1885-12-25
THE FORD CASE.
The Jury Find Him "Not Guilty"

Probably there has never been a case tried
in the courts of this county which has excited
more interest than that taken in the case OF
the Territory against Thomas Ford charged
with the killing of Alexander Henninger in
German Gulch, Silver Bow County, June Sd,
1885, and tried at the present term of the
District Court.
German Gulch is a placer mining gulch
formerly within Deer Lodge county, but
now included in Silver Bow, and has been
worked since 1865. In 1876 or II Thomas
Ford AID other parties purchased large In
teresrs in The mining grounds of the gulch
| Ford and these parties have since that time
claimed TO own all Il e waters for mining
purposes flowing down the gulch.
In 1884 Henry Williams and Adkins A.
| Smith began the construction of tiume
through the gulch for the pur pose of floating
| wood from above the head of the gulch to
| the railroad, thence to be transported to
Butte. Ford and those interested with him
| in the guch, and amongst them the deceased
| (Henninger) claimed that this would materi
ally Injure their mining grounds, and es-
pecialy their water right In consequence
/ oiut lchuihBSiB thc o'hoh pN&'saSo
entered into an agreement, the forfeit
being $4,000, that neither would sell their
interest in the gulch or the waters thereof,
| unless all sold.
Early in the summer of this year the mat
| tiers came to an issue. The parties employed
| by Williams continued to build the fiume and
three different times 1t was torn down by the
| Ford party At this point the aid of the law
was invoked by the Williams party, but
seemed only to result in intensifying the bad
blood of the contesting parties. In the
| meantime the deceased (Hennihger) sold his
| ground in the gulch to Williams and party
ground which it is claimed was obtained as
a gratuity from Mr.. Ford or through his in
| fiuence. Thus Henninger became arrayed
against the interests of the Ford party.
Previous to the day of the homicide, the
| testimony shows that threats of violence
against Ford and parties interested with
him, were made, not only by Henninger but
by wiliams-the latter declaring In sub
stance, as testified to by W. A. Hensley, that
as he could not get justice from the courts
he would build his fume through the guich
by force.
Late in the afternoon of the day of the
difficulty Henninger, armed with a rifle,
went to the head of the ditch claimed by
Ford to change the water. Ford observed
him and anticipated trouble. As Henninger
was changing the water words passed be.
tween him and Ford and Fords party. Hen,
ninger called them, as testified to, towards
and highwaymen and to come out and fight
If they wanted to fight" Henninger was on
one side of the ditch and Ford and James
Larkin on the other side, distant about fifty
yards. Henninger, after altering the water
Jumped behind a trae, holding his gun, q
rifle, in position, and just at this time shot
was fired Ford and Larkin, who were sep
arated a considerable distance from each
other, each testified that he supposed the
shot was fred by Henninger-Ford that he
thought the shot YVES fred at him, and Lar
kin that he thought the shot was fired a
him. 1t seemed to Ford (who has poor eye
sight that Henninger just at this point
jumped behind a stump with his gun levelet
to shoot. Ford then discharged his shotgun
at Henninger but as the gun was only loaded
with No. and smaller shot, 1t seems i'm
probable, taking into consideration the dis
lance and the defective eyesight of Ford
that he struck Henninger. Atany rate Hen
ninger was killed. The Coroner IA physi
cian) Dr. Whitford, Jr., testified that Hen
ninger was only struck In one place, back o
the ear, and with rifle ball, which hat
struck bone and split in two, one par
ranging upward and the other downward
| 1t might be observed here, that one of the
strongest points lnade by the defense In tn,
case was that those interested In the prose
cution did not produce upon the trial thu
pieces of the bullet found in the head of tn
deceased.
All the witnesses to the immediate trans
action testified to having heard two report
of guns, so that the jury must have though
, that some person other than Mr.. Ford kille
: Henninger.
9 The trial of the case began in the afternoo
D of Monday, Dec. 14th, the prosecution bein
;. conducted by the District Attorney, tn
3 Hon. w. Y. Pemberton, aided by Hon. j.
Robinson. Hon. G. w. Stapleton, and WI
, Cullen, of the firm of Sanders Il Cullen o
Helena The defence was led by Thomas
L. Napton, assisted by Judge Hiram
Knowles, Col. L. J. Sharp and E. w. Tool'
: The trial was fought inch by inch, eac
n | sUtp cdCh poAht bcibs S'ooS's ~oA"~''~'
The evidence was concluded on Friday, tn
18th inst, and on that evening the argumer
before the jury was opened on the part {
the prosecution by vigorous speech OF tw
:, hours by Mr.. Cullen. All of Saturday wa
consumed by strong. practical speeches froi
Judge Knowles and Col. Sharp for the d.
Tense and q. w. Stapleton for the prosec'
ton, the latter especially enforcing tn
strong points of his side OF the case. Y
Monday merning the courtroom was crowde
70 early with ladies and gentlemen to listen
u the comprehensive presentation Of the Ia
10 and facts and the clean, clear cut, incisiv
logic of Mr. Toole, who for four hours COL
tended that his client was justified in WIFI
,r he had done. The same audience listened
J. the eloquent effort of Mr.. Pemberton in b
4. half of the Territory In closing speech
ID two hours.
"a At about 3 o'clock the instructions OF u
ID Court, which were very lengthy, were give
a to the jury, and the jury, after having r
tired for about one hour and half, returnt
~ into court with a verdict saying: 1--WE, Il
= Jury find the defendant not guilty"
.r Theinstructions for the defence were draw
~ by Thomas l.. Napton, Esq, and dwell e
70 peciaIly upon the point that person peac
. ably In possession of property is not bour
- to retreat or run like coward when Il
property Is being sssailed or trespsss'
upon.
~ The evidence developed on the trial a
y" peared to demonstrate that although Fol
rs fred as he stated, it was not, and could n
have been his shot that struck Henninge
~ and the verdict WIS in accordance with &
III expectation Of those who heard the eviden
in the case. The jury consisted Of Micha
Geary, James Gallagher, John Flemin
st Charles Noble, George W. Mack, Fra'
n Sessions, John w. Blair, H. J. Acres, Jof
of Mcleod, d. II. Mellen, Vincent Pefaur al
er John Lands.
in