The Dillon tribune., 1886-11-05

| weapons On nm that l know OF. The
knife was handed me by Schenck who
said 1t was one with which Mosen had at
tempted to kill Axe, and Schenck said he
wanted me to keep it. The report came
up the creek that Mosen had killed Axe.
We all turned out to look for him, and ar.
rested hin, for that He was in the custo.
dy of Willis and myself when he was shot.
Ozias Willis testimony was similar to
that of Fred Hopt. When he arrested
Mosen, Mosen said that he had not shot
Ave, but that he shot him. At the same
time he pulled oil his cap and showed me
where Axe had shot through it, and also
his hand where the wad from the gun had
struck and left its mark. said "very we'll
Phiibert, if sucl, is the case will protec.
you. Come with me over to divers PEG.
pie are excited and may do you violence"
Oliver was not at home. saw Hopt
coming with buggy and mo,ioned him
to conc over. l asked him If he would
take hilbert 70 Dillon, but as the prison.
er Claimed that he had not shot Axe, said
to ilopt, 1--WE will drive around pas:
Axes ranch, and ascertain for ourselves
the state Of affairs" Perhaps half a mile
from Axes residence, Hopt suggested
that go on ahead to investigate while he
remained there with the team and prisoner.
found Axe lying on the floor and asked
him how he felt. ooh" he said, II feel
bad. don't know why he should try to
kill me. He has been trying to do SO and
l don't know why he should" Sutherland
then came up and asked him to go and
tell Hopt to bring up the prisoner and we
would go to Dillon that way. We arrest.
cd the prisoner at the bars near divers
on the south side Of the bridge about ten
O'Clock this morning. The rest Of Willis
evidence was substantially the same as
Hopt's.
Fred Hopt was recalled. Shot gun
shown witness who said it was the gun
Schenck had given him. did not take
the shells out. l asked Schenck which
DARRELL he had shot. He showed me one
and showed me how to work the gun. I
drew the shells far enough out to see
whether they were loaded, and finding
they were empty, put them back again.
The gun is numbered STA, Park Brothers.
asked deceased if he shot Axe. He said
mo, Axe tried to shoot me-" lie showed
me the holes in his cap, and also his hand
where the wad had struck it, but said the
wad didn't hurt him much.
Alfred Brakeman testified: After had
taken the COWS to the field this morning, l
came to the house and asked Schenk what
I should do. I am the hired man Of the
ranch. He told me l could 90 out into
the field and drive in the horses. This
occurred about nine o'clock in the morn.
ing. Just before got to the bars, about
100 yards from here, l heard shot fired,
hurried up to the bars, when saw smoke
coming out of this room. then saw
Schenck coming from the corral and saw
Mosen going up the hill just back Of the
house. asked Sckenck what had hap.
pencd. He said he did not know. We
both came to the house together and saw
Axe lying on the floor bleeding. Harry
says, "My God, Phlipert has shot Axe"
He then got dipper Of water and tried to
give him some of the water, and told me
TO go to divers and Hopt's and tell all
the folks OH the creek that Philip had shot
Axe. got as far as divers and told him
and his son about it. But he told the that
l had better go to Glen and telegraph for
Schenck at Dillon, and the sheriff. did
SO and when returned to Axes place l
saw Philibert lying on the floor here dead.
asked what had happened and Willis said
that Schenck had shot him.
Af:er hearing the testimony the coro.
ncr's jury rendered the verdict that Phil.
bert Mosen came to his death from
wound inflicted by lcader buck shot, dis.
charged from shot gun in the hands Of
Harold !. Schenck.
Schenck was brought to Dillon Wedncs.
day night, and appeared before Judge
Mead Thursday morning. The Judge
waived preliminary hearing, and re.
leased the prisoner, fixing the bonds at
5000.
From the last reports Axe is hardly ex-
expected to live. Several ribs are broken,
which, with his previous feeble condition,
renders his recovery doubtful.
Drunkenness, Or Liquor Habit, can he Cured