The Anaconda standard., 1895-04-04
ANDREW EHRICKS TRIAL
TVS The Cause Of an Interesting Dia-
lOsus In Court Yesterday.
MUST BE ON HAND TO-DAY
DEFENDANTS Counsel Anxious to Se-
cure Mors Witnesses for Their
CIIent-Judge Speer Evidently
Means Business.

BUTTE, April 3.-The trial of Andrew
Ehrick for the murder of Michael Gilmore
has again been temporarily postponed.
When the case was called this morning
John Dilatory Baldwin and his associate
counsel, Thompson Technical Campbell,
were ready with motion for q continu-
ance. Mr.. Campbell said the papers had
been lost and some of tho subpoenaes for
witnesses were missing. so that they could
not know whether or not their witnesses
had been summoned. Albert Ehrick, a
nephew of the defendant and an eye wit
ness to the tragedy, was still missing, and
Mr.. Campbell said the defendant could
not safely 60 to trial without him. George
Hoezle, another necessary witness, was
also absent. The attorney said it was
necessary to have all the papers in the
case in order to make proper motion for
a continuance, but the court intimated
that showing had better be made at
once.
Mr.. Campbell and Mr.. Baldwin held a
consultation which lasted about half an
hour. The court finally grew inpatient
and demanded to know ii the parties were
"One moment, IL your honor please"
said Mr.. Campbell, and the consultation
proceeded.
"Well 2" said the court interrogatively
half an hour later.
Zone moment, IL your honor please"
replied Mr.. Campbell. and then he made
another search amouR the papers for the
missing subpoenaes and the sheriff was
sent out to look them up.
I'VE have been informed only this
morning" finally said Mr.. Campbell, adj
dressing the court, .that the missing wit
ness, Albert Ehrick, is at the Lower
Works in Anaconda, and q subpoenae has
been issued for him and an officer sent to
serve it." He then asked postpone
ment of the trial until it could be learned
whether the witness could be found or not.
E. IS. Booth. assistant prosecuting at
torney, said the defense secured a post
ponement on the same excuse at the Oc-
tober term OF court, and that they could
get the witness il they wanted to. Mr..
Booth intimated that the defendant and
his attorney had known the whereabouts
of the witness all this time.
'This court will not wait to see whe ther
this subpoena is served or not" replied
Judge Speer, and then Mr.. Baldwin used
his suavity and persuasion. He talked
for half an hour about the absent wit
secure their attendance at the trial, and
about the timeit wouldtake TO prepare a
motion for a continuance.
''It has been shown" he said, "that the
defendant has employed every effort
We'll; Mr., Baldwin," interrupted the
IAa
ITO find the witnesses" went on Mr.,
Baldwin without regard to the interrup.
tion, and we will"
"Well-",
"T-haye to prepare at least three afh'
davits-". - -.,S
.'Mr. Baldwin"
's4---:n support of a motion for con-
tinuance, and we would ask at least
This court"
"- until tomorrow morning to pre-.
pare our motion"
ST you waited until the last day" the
court finally got an opportunity to say
shat is not the fault of the court, and
"But we did not anticipate the absence
of the witness" ~
..You did anticipate it, for he was alb
sent last November and you we're granted
continuance at that time in order to gel
him.
IF the court please" said Mr.. Baldwin
sit will be impossible to prepare proper
motion for a.continuance to-day as -
1t will be necessary to set out in
affidavits what we expect to prove by the
absent witnesses, and -"
"Very we'll,
we would renew our request thai
we be given until tomorrow morning"
VERY well" said the judge, "I'll gra nj
continuance until tomorrow morning
and we'll go to trial them" and Mr.. Bald
win and Mr.. Campbell gave expression tc
fheir safisfaction with smiles