The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-18

you VIII reiieFo Us OF the lmputatlon that
we deserved punishment from the court.
1t is not so much matter OF the remis-
sion of the fine, but the impression IL will
have. and. besides. we don't like to have
our record for good conduct broken"
II have got this to say" replied the
court, "that your disregard of the courts
orders was not only apparent to the court.
but to every one in this room. Your diia-
tory actions aud your frequent consulta-
lions seemed to be for the sole purpose Of
trying to see how far the courts patience
could be extended. Never in my life have
/ seen so much consultation between at
torneys in any case. You are always con-
sulting and never seem to consider the
court of sufficient Importance to ask to be
excused. and when notified to 20 on you
have paid no more attention than II the
court were not here or you were in the
middle of soma corn field. will take
this matter and your explanation under
At the afternoon session OF court the
defendant, Andrew Ehrick. was put on the
witness stand and testified that in the
spring of 1884 he went TO the placer
grounds owned jointly by himself and Gil
mining. The ground Is about eight miles
north of WaIkerville. He returned
to Butte and in few days
went back to the placers and
found that during his absence somebody
had ransacked his cabin and stolen lot
OF things. He returned to Butte for help
tn work on the placer and on about May
Is he went up with his nephew and julius
Herman and put them to work and then
returned to Butte. He again went back
to the placer ground on the morning of
the 2ith of May, the day of the murder.
On his way up he stopped at the residence
of George Howard at Stringtown and Mrs.
Howard told him that she had seen Gill
more go up to the placer the day previous.
She also told him that Gilmore had in
formed her husband that he, Gilmore,
was going to run the property and that IL
Ehrick interfered with him there would be
a dead Dutchman. Ehrick said that he
located the placer and took Gilmore in
with him. When Mrs. Howard told him
that Gilmore had gone up and about what
her husband had told her he also pro-
ceeded on toward the cabin on the placer,
On the way up he saw the witness, Beaver,
and met Julius Herman. Herman came
up to him in a very excited manner and
said there were three men up at the cabin
and that they stopped him from working
on the ground, and that they came up
with guns that long indicating on his
arm.) HE wanted to know what be
should do" said Enrich, in answer to
many questions, land / said l would 60
and get a gun il there was any fighting to
be done. He told me to get gun for him
also, and said we will fix the old -
went across the Rulch to another claim.
There were two tents there, and / got q
revolver and shotgun. / knew where
they kept the gun. There was nobody
there, but we had been in the habit of bor-
rowing tools and other things from each
other and / knew that was welcome to
anything they had and went in and got
the gun. The shotgun was lying across q
can of loaded shells. / then came back
toward my cabin, expecting to overtake
Herman on the way up. On the way /
passed William Trip and several other
men and Trip asked me where was go-
ing with the gun. / said there was . man
up here who wanted to take a shot at me
and he then said something about me not
shooting anybody. l said would not I'M
less the other party started Ii. / went
over and got the gun because / considered
my life IN danger and / wanted to be
armed. armed in case OF trouble: l
with me. for 1 had perfect
right to go to my cabin. had not seen
Gilmore for several months before that
day. 1 judged that Gilmore had been at
my cabin when it was ransacked, because
heard that he had been seen up there.
saw him afterwards at my house and he
said he and another man had taken my
gum boots, but that he thought they be-
lonqed to another man. / told him that
he knew that had moved into the cabin
and that the boots belonged to me. We
nau soine not Worus anu ne calieu mo
some vile names. saw him on the
streets number of times, but he would
when left Tripp and the other men,
after / got the gun from the tent, / went
on toward my cabin. The first thing /
saw were three men standing IN front of
tho cabin, facing me, and my cooking
stove lying outside the cabin. The men
were Gilmore, Banks and Kermode. ASH
approached l spoke to Gilmore ana asked
him something in relation to the stove
and about stopping my men from work.
That was about all that was said. Gil
moro raised from where he was sitting,
and as he raised he had a pistol in his
hand and shot at me. About the Same
time Banks and kermode came towards
me and / thought l was in very close
quarters. then fired the shotgun. felt
nervous at the time and the gun went of
very quick. / did not quite get 1t up to
my shoulder when it went off,"
ibid you aim it at him?' asked Mr..
Baldwin. ~
'Idid."
''What effect did the shot seem to have
on Gilmore
at seemed to have very great effect.
He seemed to get very mad and plunged
around"
"What then did you do?"
~ hit him over the head with the gun"
was the cold blooded answer.
Ibid you go up to him rapidly?"
"Yes, as fast as could CO."
show many times did you shoot?"
IL don't know of shooting moro than
once"
''What is your best recollection about
both barrels going off at oncer"
~ am satisfied that both barrels went
off simultaneously, for the jar was heavy
enough to make my shoulder black aud
blue" ~
estate why you fired tho shot?"
~ believed at the time that my life was
in very great danger"
why did you go up and strike him with
the gun ?''
"Wcll, at the time he was in the pos
session of a weapon which was liable to
explode at anytirne, and i thought ought
to disable him, or might he shot,"
WAS he moving about Pr
Eyes, SIR"
with what end of the gun did you hit
him ?"
Il can't say for certain 80
In answer TO other ouoStions ON direct