The Dillon tribune., 1886-11-05
A BIRCH CREEK TRAGEDY.
"A Ao"th Kills Canadian Frenchman for
Trying tn Murder his Partner.

" >"uNuluH II rcnCnMAn LOT
Trying to Murder his Partner.
Last tuesday morning this community
was thrown into high state Of excitement
Wy telegram received here stating that
Naehan Axe, an old timer and highly re.
spected citizen at Birch Creek, had been
murdered by Philibert Mosen, Canadian
rrenchman who had leased part of the
ranch The sheriff and coroner were sum.
moned, and when they arrived at Axes
mouse, they found that it was the French.
man who had been killed, and not Mr.. Axe.
l ne affair is still in some mystery, but
from the facts ELECTED at the inquest and
IRON reports Of others who visited the
scene OF the killing, It appears tina. Mr..
Axe had misunderstanding with Mosen
some time ago with reference to rent due
the former. This led to an open rupture
between them, and it is reported in Dillon
here that the Frenchman said that he in.
tended to take the life of Axe at the first
opportunity.
Tuesday morning, between eight and
nine o'clock, Mosen went to the house of
Axe, had some words OF alteration with
him, and according to Axes account,
made an attack upon him with knife.
Axe, though alone and sick in bed, man.
aged TO get hold Of his gun, with which he
shot at the Frenchman, and drove him off.
Harold Schenck was coming towards the
house at the time, and hearing the report
ran into the house, and found Axe lying
on the floor, his face bruised, his clothing
cut In several places, and sprinkled with
blood. Thinking he was dying, Schenck
directed the hired man, who happened to
come in at the same time, to go to the
neighbors and tell them that Axe had
been killed by Mosen. Not long after.
wards Mosen was brought i'll by Ozias
Willis and Fred Hopt, and Schenck, either
thinking than some further attack was 10
be made upon Axe, or enraged at the sight
OF Mosen who he thought had murdered
Axe, picked up gun and shot Mosen
dead. But whatever may be the theory of
the killing, Schenck's friends are conf.
dent that he is entirely innocent Of any in.
tent to commit wilful murder Schenck,
who is but youth, has always borne a
most exemplary character, but he is of an
excitable and nervous disposition, and it is
commonly thought his temperament was
SO wrought upon by the events Of the
morning and the brutal attack upon Axe,
to whom he is warmly attached, that in
his excited state Of mind, he thought that
Mosen intended 10 again attack Axe.
The Coroner, DIR. Picktnan, arrived at
the scene Of the shooting about three
O'Clock in the afternoon and held an in.
quest. The testimony of the witnesses is
given below.
Fred Hopt being duly sworn desposes
and says: | came in here, having heard
that Mr.. Axe was killed. The rumor was
that the deceased, Phileber. Mosen, had
killed him. l got down to divers and
met Willis and Mr.. Sutherland who had
him in charge. Mr.. Willis asked me if l
could take him to Dillon. asked de-.
ceased if he kill Mr.. Axeed. We came over
here and MIR. Willis came to the house to
see how Mr.. Axe was. stayed with dc.
ceased across the creek. Mr.. Willis sent
word to me to come over and we would go
this way to Dillon. Mr.. Willis met me in
front Of the house, and got out OF the
buggy and came into the house. Axe was
lying on the floor. Harold Schenck was
kneeling beside him, asked Schenck how
badly Axe was hurt and how it happened.
lie said he didn't know, but thought ne
was diving. He said deceased had cut Axe
with a knife (witness here handed the
Coroner the knife as the weapon used,
which Coroner put into the possession of
sheriff.. was about to go out and as
turned Mosen came in the door and Willis
was with him. Deceased sat down in a
chair near the stove and was going to tell
about his being shot at. l told him that
was all right now, and Willis told him to
come on. He said he came in to get his
gloves, which he had lett on Il chair.
There was pair lying on the table and he
picked the gloves up and said they were
not his There WIS another pair on a
chair in the corner. ! told him that
would get the gloves for him and told him
to go on with Willis. | stepped around
the table to get the gloves and Moscn said
he would like to speak to Axe. said
"no: now and rs l did SO, Willis said,
"come on Noser". Mo>cn said call right
and turned to walk out. | stopped down to