The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-09
EHRICKS NOTED TRIAL
Witnesses Beginning TO Tell What They
Know and Don't Know.
A RAW PIECE OF BUSINESS
One Man Rsvsrses His Preliminary
Testimony and Says He Swore
to What He Was Obliged
to Say-Notes.


this morning. About 30 witnesses were
called and sworn aud excluded from the
court room during the progress Of the
trial and admonished not to talk among
themselves regarding the case and not to
read the newspaper reports Of the trial.
The first witness on tho stand was j. A.
Prickett, clerk of the court, who identi-
fled two photographs of Gilmore's cabin
and the scene of the murder. The photo
graphs were offered in evidence and OBJ
jected to by Mr.. Campbell on the ground
that IL had not been shown that the contli-
tious were tho same at the time the photo
graphs were taken that they were at the
time of the murder. For nearly an hour
Mr.. Campbell and Mr.. Baldwin argued on
the objection and it became fevident that
the whole trial would be a series of objec-
lions and Understanding speechmaking.
Tho court required more specific testi-
mony regarding the conditions of the
murder scene, and Julius Herman, an eye
witness to the murder. and w. H. Palmer,
the photographer, were put on the witness
stand for that purpose, after which the
pictures were admitted in evidence by the
court against the objection of the de-
Tense. Mr.. Prickett was thcn recalled
and explained the different objects shown
on tho pictures, including the log on
which Gilmore sat when Ehrick came up
and shot him. One OF the pictures showed
Julius Herman. one OF the eye-witnesses,
sitting on the log in the position occupied
by Gilmore, and Mr.. Pickett represent
ing Ebrick some distance away in the act
of firing the fatal shot. I'D
Albert A. Ehrick. q nephew of the de-
PENDANT, and on account of whose disap-
pearance last fall the case was postponed,
with the defendant to the placer ground
when the murder was committed,
on May 2. and went TO work pre-
pairing to begin mining. The
defendant made several trips to Butte
and with several other men they kept on
more, Richard Carmode and a man
named Banks came along and Gilmore
ordered them to quit work. de had an
old pistol in his hand and the men obeyed
him and quit work. Gilmore went to the
cabin and threw the defandant's stove
and other things out and put his own in.
He said he had something to say about
that cabin. The defendant was away at
the time. That night the witness and
his fellow workmen slept in the same
cabin with Gilmore aud his friends.
The next day about II o'clock, while the
witness and julius Herman were in the
cabin, the former heard some loud talking
outside. He went out and saw the de-
PENDANT come up toward the cabin, and
Gilmore and Carmode and Banks were
sitting on log. Gilmore called the de-
PENDANT a liar and about the same time
raised up and fired a shot atEhrick. The
witness then ran back into the cabin and
another .shot-was fired. Before Gilmore
fired the first shot all the other men
ran away. After the shooting Ehrick
came into the cabin and took drink with
the witness. They then started on down
the road toward Walkerville and met
the shooting and said that Gilmore nearly
.'got" him, as he heard the bullet whistle
by his head. Some one suggested that he
might have been shot through the hat and
he examined il and found hole through
the rim. They then continued on toward
Walkerville and when they arrived there
Ehrick was arrested.
The cross examination of young Ehriclx
did not materially change his testimony.
He was really n witness for the defense,
but the state.was compelled to call him
under supreme court decision which
holds that the prosecution must introduce
the testimony of all eye-witnesses. The
stories told by all the other eye-witnesses
are SO directly opposed to the story told
by the young man that no general cred
ence has been given to ii.
julius Herman. followed young Ehrick
on the witness stand and testified that he
was working with young Etfrick in the
placer diggings on the I'D when Gilmore
came up. He stood on the bank awhile
and then went on toward, the cabin. He
said nothing and did not order them to
quit work and did not display a gun.
That night they all slept in the
cabin together. About IL o'clock
the next morning the witness met
the defendant about half mile
from the cabin. He. had a sledge-
hammer and sack which he gave to the
witness to carry to the cabin and Ehrick
went off in some other direction. On his
way back to the cabin he met Gilmore
and Banks and told them that Ehrick had
all aai ho
three returned to the cabin together.
About half an hour later, while the Wit
ness was in the cabin, he heard some
loud talking on the outside and went to
the door. Gilmore and Banks were sit
ting on log and Ehrick was short dis
Ehrick said: Hello, Mike; 1 under
stand you want to kill me. / am going to
give you a chance for your life.r
Ehrick had a double-barrelled shotgun.
who fired the first shot," asked Mr.
Booth.
"Andrev Ehrick.-
.'who fired the second shot?'
Andrew Ehrick."
"How many shots we're fircd?"
"Two.n
Ibid Gilmore fire shot?"
NO." emphatically.
"What did Ehriek do otter he fired the
two shots?r .'4a-.-
ale Walked over to where Mike was
lying and hit him over the head three
times with the butt end of his gun"
"Did Gilmore get up?"
''No. he tried &c get up once but fell
back.r
"what did Ehrick say?''
"He said. Il am only sorry did not kill
the id Irish bastard.'o
What next?"
"Andrcw Ehrick told me TO get Gil
more's pistol, and went into the cabin
and got it and gave il to Ehrick. got it
under tho mattress of Gilmore's bed"
Herman said Ehrick then asked for n
drink and his nephew gave him some
whiskey out of a bottle. The witness and
The two. Ehricks then started toward
Walkerville and after they had gone a
short distance down the road Ehrick told
Herman to go back to the cabin and bury
the broken shot gun. He started
back and after no had gone