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

Al IL t1AI
and given him an opportunity to sa.
whether he wasguilty or not guilty. Amal
had been killed, and each one oil the defend
ants knew who had done the deed"
Judge Knowles plead for further time fol
consultation.
The prosecution insisted. when the witness
asked permission to make a general state
ment. So far as he was personality ION
cerned he did not desire to leave the impress
sion that he was afraid TO answer any ques
tlon. He then described his whereabouts
during the entire afternoon.
LARKIN ALARMED.
lie was about the time OF the shooting al
the upper diggings, where one of the EN-.
ployes came and told him that Mr.. Larkin
wanted him as there had been some trouble
lie started at once for the cabin, and on
the way met Larkin, and together they
went to the camp, and witness got a Win.
chester rifle and together they went down
where Stoner was at work. Larkin left,
but witness stayed there fully twenty min.
utes. 1t was there that the German wit
ness had seen him. He wasd dressed exactly
as described. He was told that two shots
had been fired. Larkin said hat some one
had shot at him (Larkin), and that after
that there was another shot. When hesSas
with Stoner he asked him if he had heard
the shots, and he replied, yes, two, but did
not know who fired them.
THE MAN WHO FIRED.
In reply to a question as to whether he
knew who had fired the shot, he replied
that he had no especial reason to say who
fired it.
AS the answer was ~evasive, the District
Attorney then put his original question:
Did any one say to you that they had
fired the shot?"
81 decline to answer"
Mr.. movies again pleaded for time, if
only Tor an hour, which was refused.
The } udge then instructed the witness that
the question was a proper one. and that
unless it was answered the only thing to be
done was to commit him to Jail until he
was willing to do SO.
The witness replied that he had rather
be punished in that manner than answer.
At this point, the counsel, who had been
talking it over, instructed the witness to
answer. The question was repeated and
the unwilling reply was: ~ heard Ford say
that he fired the second shot, He also
said that H%enningson had fired the first
shot at either him or Larkins. He (Ford)
did not know the result of the shot, as he
Il near-sighted. He did not say anyone
was with him. Witness had had a number
OF conversations with Ford, but only one
on this subject. None of the other defend
ants acknowledged that they had shot.
On his cross-examination he said that
cord had told him chat H%enningar was be-
hind a stump forty-fve or fifty yards dis
tant when he fired. Witness did not heal
either OF the shots. Did not see Ford with
a rifle. Thinks he had a shotgun. Larkin
4o11 L~-1 A1-A l- ---1l ~A l-e lA
the old man, as he Larkin) saw him waH
up the gulch after the shot had been ..r,....
He had frequently seen armed men who diu
belong to his party. Supposed they
were in the employ of Mr.. Maberly, as he
was directing them. On his redirect exam
he said that a week from yesterday
he had gone to the gulch for the purpose Of
turning Oh the water, and he saw five armed
men, and concluded not to do it. He had
his talk with Ford about two hours before
ne saw them taking the body out, and be-
fore he knew the man was shot. The pros
ecution here rested and
THE DEFENSE
begun. JOIN Haggerty was the first wit
ness, and he testified that on the evening in
question Larkin had sent him to tell Cowan
that there was trouble, and he wanted to
see him. COwan came down and met Lar
kin, and they went to the cabin. Witness
walked up the bank OF the creek, and saw
near where the mar was killed, a man in
the ditch with a gun in his hands, Did not
who the man was. Knew nothing OF
The shooting.
J. c. CLARK,
The cook for Ford. testified that he heard
The two shots. After the first, Larkin came
to the cabin, got his rifle, and went out.
after he came back with Cowan,
who also got a rifle, and the two went off
Heard both OF the shots before
Jowan came in. After the first shot he
vent to the cabin door and saw two men
On the ditch three or our hundred yards
off. One had a gun and the other a pick
shovel. After the second shot he again
vent to the door and saw the man with the
going up the ditch, and he thought
lie saw the one with the gun going down.
He had only been at work there one week,
while on his way had stopped at Mrs.
cabin to inquire for the Ford
,lace, the woman had told him that he
lad better not go there if he did not want
get killed, as there was liable to be a
trouble if they took up a shovel
ul of ground. He had told this to both
and Larkin. He had seen armed men
ii uue u~elSuDOi1lOOu lIlItT VI iOtI tliIIeo
Turing the week.
l.. STONE,
me OF the defendants, testified that on the
morning of the Sd, he went with Ford to
he lower grounds where they found kessler
It work. Ford told kessler that he would
ave to leave, as he had been there long
nough. The man made no objection,
,ut piled his tools up. Kessler then
.14j,o. l.. o--1I .-% 1nor mn
There was some talk, and Ford told him
,c might if he did it at once. This was in
he morning and as the boxes were not
leaned by 2 o'clock, Ford turned the
vater on and his men went to work. Be
ween 4 and 5 O'Clock the water was cut off,
he supposed it was a break but it had
,een turned off. Witness heard the two
hots, and was certain they were from
[ifferent classes OF guns Had been here
ince 1865, and knew all about fire arms.
Did not see any of the shooting. The time
between the shots was five or ten minutes.
lad often seen men with guns, supposed
hey belonged to the. Williams gang. The
,niy time he had seen Ford with Il gun was
bout half an hour after the shooting, and
le was talking with Cowan.
EDWARD LYNCH
aid the first shot was fired from a greater
distance than the second. Heard both
rom the upper diggings. Before he went to
upper claim was at the lower one and
a man with 1t gHh iii his hand, some
distance off, who was %hallowing and mo-
ioning to him. Understood him to say
urn the water off. That was before any
hot was fired. The man was in the same
,lace when the first shot was fired. Did
lot know him.
LARKIN,
of the defendants, testified that
June 3rd, between 4 and 5 O'Clock he went
10 the ditch to turn on the water. 1t had
,een turned Off by Mrs. kessler. He
net Ford, who said he had turned
he water on three times that day.
Iust after witness turned on the
water he saw Henningar in the brush
lear by
He continued to look and started for the
,abin. While on the road he heard the
irst shot and turning saw Henningar's gun
pointed toward him. Before he reached
he cabin the second shot was fired and nj
hen sent the man after Cowan. When they
net they both got guns and started down
he creek. Had seen two armed men pre-
,iously. When he first saw Henningar did
wait for him to come up at the time
he water was turned on and he started
or the cabin. As he turned after the first