The Helena independent., 1894-05-26
ARGUING IT TO THE JURY.
The Case OF the Ford Brothers
Win Be Finished This
Afternoon.
All the Testimony In at the Ses-
sion OF Yesterday
Morning.
Judge MoCsnnen Lays . Neat Trap for
. states witness aad no Falls
Right Into II


oOur, yesterday morning. The Arguments
were begun In ths afternoon and Will be
completed to-day. Leon A. Laeroix. as-
slstaut county attorney, opened for the
p esseation. and Odell Mcconnell for the
defense. Judge Mcconnell will tAlk this
moIning aud County Attorney Nolan will
close for the state. Judge liant will then
fs.s OF the brothers will bs In the hsnds of
the twelve men Who have heard all the les
timony and listened 10 the arguments, aad
who will weigh ali the facts In arriving st
their verdict. Tho little children Of Joe
Ford we're In the court room during the
araumsBss In the afternoon. and showed
their attachment for their tsshs-, while too
ysung TO realize the fearful charge hang
ina over him, aad the consequences
should the two men be found guilty.
During the rebuttal testimony Judge Me-
Connell trapped one OF the states Witnesses
very neatly. He handed him the piece OF
cloth viih which an experiment had been
made By shooting into 10 Gt q distance Of
ak inches. The witness was positive 10 vss
the piece OF cloth taken from Thompson's
shirt over the wound. aud declared there
we're no powder burns on II though 10 had
been badly burned by tho experiment.
When shown the piscs which actually come
from over the woand witness was still Of
the opinion the other was the piscs taken
from that locality.
A. W. Ford was recalled for further
eross-exsminasion when court opened. He
was hsked " he hadn't made statement
to the effect that when Thompson struck
him in the head with the gun the weapon
glanced from his forehead TO his lsft
shoulder. Ford said he didn't remember
making such a statement. but rsmsm bered
that his shoulder and head hurt him after
the affaif. He also testified that when DR..
King examined him later the doctor had
said the wound in the forshsad was half AZ
inch wide and an inch and half long.
Mra. William Floyd was recalled BY the
defense. She testified that on the Friday
presiding the tragedy, after Ed. 4. Smith
and her husband had been shooting al .
target and Smith had won. she had told
Wood Ford he was good shot and ought
to try conclusions with the winner. Wood
said be hndn't any cartridges but II Smith
ridges he would shoot with him. A. w.
Ford was then recalled by the defense TO
tsssify that he owned shor, osrbiue. bul IL
was mot suitable for target shooting. Will
lam Floyd was also recalled for further
ofoss-eIamination as to his relations with
Joe Ford. He said hs had no spite against
Ford. Sometimes Joe Ford would speak 10
wltness when they met and sometimes he
wouldn't.
Charles wenstrom was The next witness.
He said he met the Rorls in MArysvills the
Saturday preceding the killing. They
spoke about the stulls they had cut for him
above Thompson's ranch, and asked whom
they wero 90 be hauled out Witness re-
piled that he meant TO send teams down for
them Monday. There was q balance due
on stulls and witness did not care TO pay
anT more on them until they had been
hauled out and measured. Thsts WAS no
conversation with the Fords at that time
about hauling the stulla though before
that Joe had spoken Of the matter and wit
ness bad said that his team was too light
Ole Peterson testified that he had known
Thompson for twelve yssrs. He was man
who was very SET in his mind, and usually
carried his point. He was very stubborn.
On cross-examination he said Thompson
was not very friendly with his neighbors.
bu, witness had never hed any trouble with
him. lie couldn'. say that thompson and
the Fords were unfriendly before she law
sui, with tho Golden Leaf Mining COM
pany.
Tho defense recalled Joe Ford. who testi-
fed that he diln't zee Van Fleet at the
time the latter claims the threats against
Thompson vas N msds at the Heron ranch,
and no such threats had been made. Ford
said he was at 1bompson's when the body
was on riod into the house. He noticed the
bullet hole. and there was q ring around u
like powder burn. While he was talking 10
Thompson 10 the cabin Thompson heard
that Wood Ford was outside and became
very nervous and excited.
A. W. Ford was also recalled and denied
any suoh threat being maie as Van Flsst
testified TO. The shirt Thompson wore Was
powder burned about where the bullet en-
terod. Tbs defense rested her0.
The prosecution then began its rebuttal.
l.. ". Bach and II. W. Child testified to
knowing thompson when he worked for
the Glostor Mining company. He bore
good character for peaoe and quiet. Fred
Lindwidle gave similar testimony. II. J.
Herfin tesIihsd that Wood Ford, In sx-
planning how the affair occurred. had told
him the gun stock glanced from his FORE
head and hii him on tho shoulder. Hans T..
THOMPSON testified 20 the Same thing.
william Floyd said hs examined ths shirs
closely on Sunday 10 see II there were any
powder marks on 10 and couldn't detect
any. Witness was asked by Judge Nc
Connsll n he had soen ths piece OF cloth
taken { ON that pnrt OF the shir. near the
wound. He had.
"ls this the pisosp naked Judge NeCon-
nell, handing him piece.
"Yss. this il the psics and this is the
bullet hole"
"Cau you say wbsther there arc any
powder stains on thiGF'
mo. there Srs not"
The piece of cloth which Judge No
Cornell lad handed vitnsa, was ths one on
which I'd. II. smith had s1perimentsd at
siK inches distance, aud not the Dieeo taken
from tho region OF the wound. IL was
badly powder stained, in fact almost
burned through. County Attorney Nolan
saw the mistake his witness hsd made and
handed him the ons taken from over the
wound. After examining both piecsss wit
uGid the one ussd ia experiment. looked like
the one covering the wound In tho body.
Everybody 10 the court room, including
tho Jurors. smiled ht the mistake.
hAhlou Van Fleet testified that his part.
ner'a unfTiendly feeling toward the FoTds
Vha greater toward jos than toward Wood.
lie also said that ON the Sunday Of the
tragedy thsFs wers three axes in the house
alongside the door that Thompson must
have passed through when he ran for ihs
gun Of tho FoTds.
DIR. q. w. King was recalled and testified
that he didn't az any time veil Wood Ford
tha. the wound IN his fotsheRd was half
On iuoh wide, though hs did remark TO his
assistant that IL was an inch and half
long. The Wouud in Wood FoTd's forehead
was an incised wound and there was no
dIscolorBtion Of tbo skin In the immediate
nsighbofhood. Ia answer 10 a hypothst.
ical question the doctor said that II the
wound on Wood Ford'S forehead had been
made In the manner claimed he would look
for confusion or bruising Of the tissues
DIR. William Troacy gave similar testimony
on the same hypothioal question. This
ol ossd the testimony.
The Arguments were begun AZ Tho after
noon session. Loon A. LaoIoiI opened for