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

Frank Iatttf sCUu teotiACu
gar had the explosives, but he IL no
know to what use he expected to put them
Charles I'll. Carver related that deceased
had spoken to him of the troubles between
Ford and himself.
WANTED TO RoTEC
John Foley and C. w. Conwell. each. test
fed that Mr.. Mayberry, whom they pointed
out in the court room, had tried at diner
emit times to hire them to go somewhere II
the county, but did not say where, at SIT
per day, to protect somep property. Gilbert
Engel and Harry Nichols, both county Off
GERS, testified going to the gulch three weeks
ago, when the fume was torn down., to ar
rest the parties. At the time there were
armed men on the ground, but none OF the
Ford party. There were arms in the cabin
occupied by the Ford party, but it did no
present the appearance OF being fortified
THE MAN WHO SHOT
Thomas Ford wasthen called to the stand
to testify. He was perfectly cool and col
lected, and gave his testimony In a clea1
and decisive The first portion o.
his testimony related to the troubles exist
ing at the gulch, and did not differ materi-
allyfrom that of the other witnesses. When
he reached the point directly connected
with the shooting, he said: 1--WE had been
up and turned on half the water. Lynch
went down to the pit where he was working,
and Larkin and | went down behind him
Larkin was ahead OF me when he hallooed:
Tom, here he comes with his gun; look out!
l will go for nine l stood there until Hen
ningar came along. He passed the boy
working in the ditch, and he never spoke to
me nor l to him. We were probably fifty
yards apart, and when he got to the ditch,
| told him to hold. He snatched the gate
out and jumped behind a stump. When l
saw him do this | jumped behind a bunch
OF willows. He stayed maybe ten minutes,
HE FIRED A sHo AT ME-.
| thought heard the bullet whistle, and
waited until he came up to the boy. AS
soon as he and the boy separated | fired at
him.
The following questi ,ns and answers fol-
lowed:
GLOW was he holding the gum" "This
way Showing by an attitude that it was
presented ready to raise (which way
was he looking?' "Down towards where [
was. l had a do%uble-barrel shot gun
Scott's make, l think. / loaded some car
tridges with some buckshot OF my own that
| bought-number two buckshot-and there
was another man had some that | under
stood wasabout the same kind. l mixed
them together, and l had either his or mine
| can't say which. .
HAD NO BALL IN MY GUN
"What was in your mind when you saw
him there with a gum"
"My mind was made up that either he or
F! died before we got out of there. That was
"a. conclusion | came to-. When the shoot
Jug was over | met Cowan and Larkin.
They told me he vent up the ditch. Well,
watched and didn't see him go. They
coi1 h. NC (, ra,,n II, nrl 7 roil I liIr'f II,
him go. | said if he is, he will get us or we
have got to get him. The jig is up now and
we have got to get him Or he will get u.s.
odd he see you after You got behind the
willows?"
"No, he did not"
Gas he went down the gulch would he
come to a point where he would see you?'
eyes; if he went another rod he would see
me-"
"He holding his gun in that position all
the time ready to put it to his shoulder"
"That was What l thought"
This was all the important testimony
elected at the examination in chief and at
it's conclusion a recess was taken until l
o'clock.
GROSS EXAMINED
The Court re-assembled at l o'clock and
the cross examination of the witness was
begun and was about as follows: He said
chat after shooting at Henningar, and
Larkin and COwan came to him, they went
to the cabin. 1t was his intention If he saw
Henningar again to shoot him. He thought
it had come to that point-that if he did
not kill Henningar, Henningar would kill
him. He had previously talked with May
berry about the tlume, and told him not to
put it there. Mayberry said he would put
it where he pleased and he'd give cord amy
kind OF a game he wanted. He had never
seen Henningar in the disputed locality
with a gun until that day. kess'el, after
being ordered to quit work by Ford, was
permission to cleanup. but he went
off and did not come back. In the evening
he saw Henningar go up the ditch. They
had no cross words.
HENNINGAR wAs CARRYING AGUN.
Then the witness detailed the facts of the
as given above. Henningar was
walking at the time witness fired. Could
tell whether Henningar was hit or not,
though he dropped SO as to get a shot
at witness. Witness aimed at Henninsar
and intended to kill him.
"IDlD THE BEST I COULD
said the witness. Only two shots were
fired; was not positive who fired the first
shot, but believed it was fired by i1ennin-
and at witness. Thought he heard the
bullet whistle. Then went to where the
two men were at work, but did not tell
them what had been done. Did not know
until between 8 and 8 o'clock that Hen
ningar was killed. A man who went after
blankets down to the railroad said
when he got back that he had been told
that a man lay dead in the ditch. Witness
said he had been told that Hen
ningar intended to kill him and he had no
to doubt the truth of the statement.
Hinkleman had said to him
HENNINGAR WAS A DANGEROUS MAN.
The i'll feeling was caused by Henningar
breaking an agreement with him about all
Of them holding the ground until it could
Ill be sold together, bonds having been
yiven mutually to that effect. Henningar
broke the agreement and witness sued him.
said his eyesight was not good and
he could not see well at IL distance. lie
thought that when Henningar was behind
the stump he saw him rest his gun across it
and fire. He did not see any smoke
Several other unimportant witnesses were
then examined, but nothing new or lmpOr
elected.
DID HENNINGAR FIRE?
The next witness was Deputy Sheriff Fish,
who testified that, with the Sheriff, he went
out to German Gulch on the night OF the
Sd, and arrived there the morning OF the
18th, when the arrests were made. He eX-
smined the gun of Henningar, and run a
white rag through it, and no powder stains
remained on the cloth. This was pretty
good evidence that the gun had not been
fired.
SHERIFF. SULLIVAN
testified to the same facts. Oncross-exam-
he said there was no indication
the gun had been fired, that there was
on the barrel to show that it had not
been discharged since it had been cleaned,
and that it had not been cleaned since it
was wet if it had fallen into the ditch. tie
saw the gun fourteen hours after the shoot
ing and was told that it had been In the
ditch.
Joseph Rossi was recalled and testified,
describing how deceased carried his gun as
he went up the ditch, how he changed 1t
from one hand to the other as he shut
down the ditch gate. how he jumped behind
the tree or stump, and he was positive that
the old man did not fire at all, as he wit
uess) could have seen him if he did. De-
ceased was notin sight OF witness when the
shot was fired, as the old man had
left his shelter and was walking down the
and a bunch Of brush intercepted the
view, This closed the testimony.
DEMAND OF THE PROSECUTION.
District Attorhey PembertOn then arose