Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1890-07-04
JUSTIFIABi E HOMICIDE
THE MOOSE CREEK TRAGEDY.
A Duel to the Death in a Lonely
Miners Cabin.

day Murray had, in self de 'ense, killed
PM Russell, one of his mining partners.
Coroner Bibby, in company with Id.
Holton started for the scene of the trag-
edy, while Murray went to Mt. Idaho
and gave himself up to the sheriff to
await the result Of the official inquiry.
The coroner reached Moose creek at
three O'Clock Saturday afternoon, and
immediately impaneling jury proceed
ed 10 investigate the matter.
In the cabin was presented a dread sul
sight. Near the center lay the dead
body Of Russell in pool of blood and
brains, while the surroundings gave ev.
idence of the deadly struggle between
the two men. The jury after viewing
the body and examining the premises
adjourned 10 meet at Mt. Idaho on Mon
day the 2Sth, to take testimony, which
consisted of the statement of Mr.. Muir
ray himself. The jury found that the
deceased was Patrick NJ. Russell, aged
q years; that he came to his death on
or about the 9th day of June, 1890
from gunshot wound in the brain,
such shot being fred by Michael P.
Murray while defending himself from
deadly assault, and that such killing
was jnstitiable.
On July 1st an examination was held
before Judge Case. Following we give
brief resume Of the testimony.
DR.. Bibby testified as to the finding of
the body and gave description of the
room where it lay. Three cunshot
wounds were found on the body, one
passing through and breaking the bone
of the right wrist, the second entering
the chest below the right nipple and
emerging below the point of the right
shoulder. The shot which caused death
entering on the right side of the head.
tearing away large portion of the pari-
etal bone. About eight inches from the
right hand lay the revolver of the de
ceased, 45 calbre Colts, with one
chamber discharged and one without a
shell in it.
For the defense Patrick Flynn, Wm.
Tracy and j. d. Holton were called who
testified as to threats which Russell had
made against the life of Murray.
Mr.. Murray then took the stand and
narrated the circumstances, in substance
as follows:
"On the evening of the Goth of June,
1870. Mr.. MeEntee and myself agreed
that We would lift some hose that lay in
the ground sluice ard place it where it
would dry, 80 as to stow them away TO
be used next season. The next day Mr..
McEntee concludes to go on to Mt. Ida
no and have Mr.. Tracy help me put
away the hose. Before Mr.. McEntee
left Mr.. Tracy went 10 the cabin of Jas.
Burns. about mile away. Mr.. McEn.
tee and young man named GiyeDs
started for Nj. Idaho, leaving me alone
with Russell in the camp. | came out
of the cabin and sat down on the bench
in front of the door. Russell sat on the
bench close 10 the door. When we had
| been sitting there few minutes | asked
Russell how Johnny Crooks was doing
on the next claim. He said he was do
ing well. that they took out 81 500 or
$1,000 this season. Ifit hadu't been for
McEntee, the d s. of a b.
that money would belong to us, as the
ground belonged to us and he gave it to
them. l told him We had better ground
than they had and that if the claim be-
longed to us we would never work it;
that 1t wasn't right to call McEntee a
s OF a b behind his back, that
he would not do so to his face He said
he would call him that to his face or be-
hind his back and that could take up
the fight If l wanted to. | told him |
didn't want to take mp McEntee's fight
or anybody else's; that if there had
been less fighting on the ground last
spring there would be more money In
the crowd; that | dind't want any fight
and would not have any; that he he had
oIfered me more than fifty insults since
last fall. About that time he said i
can make any s. Of b. - on the
works jump over the fence l looked
at him and saw him look toward his
breast and saw the point of large cali
bre pistol sticking from under his shirt.
During all this time had been smoking
a pipe. | knocked the ashes out of the
pipe and picking up some tobacco fron
the bench asked HIM for knife to cu
some tobacco. He said he had no knife
but l would find one inside on the table
SO l stepped into the cabin, got the
knife and cut some tobacco. Russell
followed me into the cabin aud stooc
with his back to the ire- place. | wa,
standing near the middle of the room
He asked me if l was going to stop OF
work on the Moose creek diggings.
said mo, am not going to stop here
but am going to do some work yet' Ii,
asked me what l was going to do.
told him l was going to raise that hos,
out of the ground sluice so they woul.
dry and not rot. He said you or nobo-
dy else can raise that hose until | ge
ready; no d man can touch the hos,
or do a bit of work on the claim unles
| am satisfied that he would kill III
fist man that laid hand on them.
told him Bill Tracy and / would rails
the hose and If he wanted to kill me |,
get to work as hard as he wanted to; tha
l did not intend to let what belonged I,
me rot where il would do nobody an
good. Just at this time he said 'Jesu
Christ | don't have TO take this froi
no Z" d man living, nor | won't
AT the same time | saw him move t.
ward me and draw his pistol out of hi
breast. AS he struck me grabbed th
pistol and the blow struck me on tn
left eye and temple. l followed an
asked him If he wanted to murder MI
he said yes, you s. of a D.,
i caught him by the arm he struck III
again, an upper cut on the mouth. A
that time reached up over my hea
into the man-hole and got hold of N
revolver, which | had put there in IL