The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-11

had enough of this and the witnesswiil
not answer the question" ~
as II not a fact that considerable por-
ton of your time for the past six years
has been spent m jaii?"
An objection by Mr.. Mattison was sus-
tanned and Mr.. Baldwin remarked that
the state was afraid to permit the witness
70 answer.
lis il not fact that you have been tried
and convicted Of a number OF lesser
crimes 20
tell you once more that there will be no
further questions on this line, and will
have no more OF II"
II ask that the language of the court be
taken down. said Mr.. Baldwin. -.
For the purpose of impeachment Mr..
Campbell asked the witness II, on the day
before he went with Gilmore to the placer
diggings, he did not say IN the presence OF
ono Jack Hammer. that they were going
up TO run Ehrlck of the ground. Banks
denied thar he ever made such state
ment TO anybody and said he never knew
Enrick and knew nothing about him until
he saw him just before the shooting.
"Did you tell Hammer that you were to
get $40 day for running Ehrick aud his
men off 2"
Il did not. i had, no such CONVERSE
ton
Ibid you say to William Becbc in tho
| county Jail that you would hang that id
Dutchman, Ehrick. even il You had to
| swear to n lilo to do It?
II did not. l said no such thing" :.
ibid you say to Kosanke. Swan aud
Vineyard in tue county Jail that your for
| rpcr testimony was faise and that you
! would testify 10 things that, would hang
Ebrick, notwithstanding that Gilmore
| fired the FIRST shot" ff
| ~ mover did,"
lis il not a fact" asked Mr.. Baldwin,
/ shat you enlisted undcr Mike Gilmore,
n. $40 day, 10 put HEhrick OF fhe
ground?"
Il did not"
On redirec; examination by Mr.. Matti-
son the witness said that Gilmore never
mcuiioncd Ehrick's name to him and said
nothing about having had trouble with
him. On the morning of the day OF tho
murder Gilmore placed his pistol under
tho bed mattress and did not take II out
| again or the witness would have seen II.
Richard kermode, q smeiterrnan. was
the next witness. He testified that he
was out of a job and went with Gilmore
and Banks with the intention OF spending
| a few days with them at the placer Dig
gings. Gilmore told kermode that he
owned the ground in partnership with
Andrew Earick, but said nothing about
any difficulty or trouble between them.
He ordered no one off the ground and did
not stop Ehrick's men from working.
A short time before the shooting Julius
|
nounced that Andrew Ehrick was coming.
Gilmore said nothing in reply. but con-
tinued his conversation with kermode.
Both were sitting on a small log outside
the cabin.
"Ehrick came up to within short dis.
tance of Gilmore" said Kermode. land
| then said something about giving him q
chance for his life and told him to get hii
gun. saw that Ehrick meant business
and l got up and left Gilmore's side
Ehrick called Gilmore liar and Thief
and Gilmore replied that he was neither
| a thief nor a liar. Ehrick then raised the
gun to his shoulder and fired two shots
after which he reversed the gun and
walking up to Gilmore. who was lying or
the ground. struck him over the head.
then ran away and came to town. dom
know how often he struck him. He used
the gun as a club, AMI had hold of it with
both hands,"
Thompson Campbell cross-examine'
Kermode. but did not succeed in changing
his testimony i'm any respect. He wa
still on the stand when court adjourne
for the day.
Other Court Matters.