The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-06-10
FORD HELD FOR TRIAL
On the Charge Of Shooting
Alexander Henningar.
BAIL IL FIXED
AT $4,000. The Other Accused are
dismissed. Close of the Pre-
iminary Examination.

hinsar at German Gulch was called before
Lippincott at 10 O'Clock. The room
VI the Justices Office being much too small
% accommodate the large body OF inter-
ested spectators an adjournment was had
70 the Court Room OF the county Court
House which necessitated a DELAY Of some
'lme. About IL O'Clock the Court was
called to order. District Attorney Penn
Derton was assisted by Mr.. Stapleton and
Assistant Attorney Scallon. The defense
by Judge Knowles, Mr.. Forbis and Mr..
Napton. The prisoners were ali on hand,
TOUR OF them occupying seats in the witness
stand, while the fifth, Mr.. Cowan, was
seated at the counsel table.
THE TRIAL.
The proceedings were opened with a brief
Discussion of the motion for a separafe
trial in which all the counsel took part.
This being overruled Mr.. Napton asked that
the witnesses for the prosecution be ex-
clude from the Court room, and instructed
as to their duties in the premises. They
were then sworn in a body and after the
Judge had explained to them that they
must remain out OF the Don and not talk
on the subject, they retired. AS the. hour
was late an adjournment until l O'Clock
was taken.
THE
Upon reasssmbling, the examination of
witnesses was begun by the District .Attor-
ney, the crOss-exa1ninatiOn being %cOnducted
by Judge Knowles.
George Boden was called first and testified
that on the afternoon in question he was
fixing the flume, when Henningar came up
and shut Off the water, saying it was too
id bad; they had taken everything and
he wouldn't stand it. Then he stepped up
on the bank behind Il stump and some one
shot at him. He now stepped out in full
view and cursed the other men, Ford, Lar
kin, Stone, and two others whose names
witness did not know; called them g-dd-n
towards. Witness didn't see where the
shot came from; saw no smoke. Hennin-
gar's sister then called him. Hesaid, "You
go up the ditch and shut off the water; let
them get their water from the creek: and
LII go and see what she wants. Hennin-
gar then turned back toward kessler's
house. Witness after going about
forty yards, heard Il second shot,
and looking pack saw smoke com-
ing from some bushes not far away.
He thought they were just tryingto brighten
Henningar, and so he went on. AS he went
up the ditch he saw Ford and Larkin, with
their guns, standing at the uppe diggings,
near the sluice. He was gone perhaps If
teen minutes and when he came back he
found H~enningar's dead body. He saw a
man in the brush whom he could not posi-
lively identity, but he looked some like
Cowan. Ford and Larkin were now at the
lower d~iggings.
T. II, SMITH |
was the next witness. Saw Larkin, Ford
and Stone at the gulch Jun Sd Did not
see either Cowan or Lynch. Shortly after
H~enHingar was shot, saw Ford and Stone
with guns about 100 yards away. Two
other men were working at the sluice sixty
five or seventy yards off. Witness was
about two hundred yards, across the creek,
from Henningar when the second shot was
fired. Saw smoke come out OF the willows
about twenty feet from the two men at
work. Had heard the first shot also, but
did not know where it came from nor any
thing about it.. Afterwards saw Larkin
armed, accompanied by four or five men.
They came out OF the gulch and were going
shaking poles across and down the gulch.
FELIX HAMELIN
testified that he was at work on the lume
and saw Henningar go up the creek and
shut the water off. Saw Stone near the
sluice boxes. Did not see Ford and Larkin
at the time. Heard the two shots. When
first she was fired saw Henningar behind a
tree. Did not see Henningar when the
second shot was fired. Saw slnok come
from bushes but saw nobody in the bushes.
1t was an hour after that he knew Hennin-
gar was killed. Saw IL man with brown
pants, white shirt, and with a vest on but
coat, fire the first shot. Did not know
him. The man who fired the first shot
went I'D the creek and into the brush. Saw
Ford and Larkin after the second shot was
600 or 800 yards from the place and
five or ten minutes after the report. The
shot was fired about $50 yards
down the guIch from where the first one
was fired.
GEORGE HOFER
testified that in the morning in question he
fixed the tiume and began work, but the
gave out or was turned Off. This was
three times. Told deceased about
it and he went to sec about 1T. DID not see
him again until after he had been shot.
Heard the shots but did not know who
fred them. Was too far OFF at the time.
Witness was not armed when he went to
turn the water on.
ALBERT ALGI,EE
SAW the deceased in the morning, but did
not see him after until he wasdead. Heard
the shots, knew nothing OF the shoot
ing. Saw no one about and never heard
any threats. When he saw the dead body
there was !, gun within two feet OF it and a
DtIl OI CdItiIuSESd IotIi' ~ 'N"
no knife on the person.
EMIL BECK
worked for deceased, and they were on OPP
posite sides Of the creek, but near together.
Did not know who shot him. Heard the
There were ten minutes between
them. After the second shot he threw down
his shovel and went up the ditch. In SIX or
seven minutes he saw two men come ooto OF
the brush. One OF them was Larkln; the
other he did not know.
THE CORONER,
DR.. Whitford, was examined, and ,testliied
as to holding the inquest and autopsy. On
cross-examinatiOn he exhibited the Two
nieces of the bullet taken from the brain,
and said there may nave been several other
small fragments which he did not take oat.
Az tho coroner LETT the Mr.. Pember-
ton called "John +. Cowan' and the young
man stepped up and was sworn. Az TINS
time there came over the faces OF tie couh-
seI for defense a look OF slrprisea ana ;'iii;tze,
ment. Mr.. Knowles rose hufflediy anu
.sLad that before the witness was placed
,pon the stand he be gwen an opPoruuni'y
To consult with his counsel, when was VI
conrse granted and the party lett the court
room After an absence OF half an houi
+baw ,eturned and took their places, put
lICN lSlNtl
said nothing.
JOSEPH IiOSSl
wos ca lied. Saw deceased the day III ques-
tion between 1870 and . O'Clock, gong ny
t%a ditch with a gun in his hand. Heard
~. two shots but did not see the man. In
a little while Mrs. kessler came TO n1.n 10
an above. AS her brother was mur"efeu.
IT, J;d not think it safe, but finally went
With her and saw the old man lying there
dead. Had seen some men VIII guns solli'
fine previous, but could not identity mem
MI; ;d not see the smoke OF the second shot.
JoHN F.. CowAN
was again called and 1n took s% the a;l S not in ns
ae ea " dark saw some men taking some,
fHDs' out Of the srs Hs,, adtsr""ra The 'Sf poiHt
it was the oo'i lie l~witness) cabin, about
is opposite post Instant h,n There were seven or
eight ssH ' men with him at the !, time, me- =Sj %5t sGmlhs
from supper. He knew sh al, the the matter
~ -.,ror.atiOn was general.