The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-09


Gilmore ared the first shot.
He said IL did not swear tharway,n
said the witness, rhis brother would kill
ms sDid you .ere. to do isqn asked Mr..
Booth.
q How did you agree to it?'s
He said IL would do it he would deed
the mine oyer to me and that we would
get Gilmore's share of IT,"
ibid you ever testify in this case be
foreY" asked Mr.. Booth.
YES. SIR"
.Did you give the same testimony then
that you did now?"
mo. sir.n M I
sWhy not?"
because my life was threatened
smile all during Herman's testimony and
IL relaxed only once, and that was when
The broken shotgun was laid before him
on the table. n e.
On cross-examination by Mr.. Baldwin
the witness again said that Gilmore did
not order him and Ehrick of the placer
digeings the day. before the murder.
HE said nothing except to ask for An
drew Ehrick.'
.Did he have a pistol in his hand'?
mo, SIR"
Are you sure ~
Il am sure"
Herman said Gilmore put nothing OF
Ehrick's property out of tho cabin except
the stove and he put that out because IL
was no good. would not draw and was
broken. He then put his own stove in the
place of IL. cooked supper and invited the
witness and Albert Ehrick to eat with
him and Banks and Carmode.
The testimony given SO far by the wit
ness was not in accordance with his tosti-
mony given at the coroner's inquest and
the defendants attorneys had Transcripts
and were ready to spring 1t on him on
cross-examination. but they were startled
by the next few questions and answers.
When Mr.. Baldwin asked Herman why
he now told different story from what
he formerly told. he said: II swore to
what did at the inquest and preliminary
/ would not be here now. Mrs. Endicott
came to me and told me il / did not swear
as Andy wanted me to, he. Andy, or Jule
Ehrick, his brother, would kill me. / was
afraid and frightened. l was living in
Andy's house and was afraid. stood il
as long as could and thought l would
go crazy, and went to the county attor-
ney and gave myself up and told the
truth and am telling the truth now" -
Herman said that about week after
he testified at the coroner's inquest he in :
formed his friends that he had not told
the truth and they advised him to co to
the county attorney and tell the truth,
which he did. Mr.. Baldwin tried every
means to confuse the witness, but he
was not very successful. The cross-ex-
animation was not concluded when court
adjourned for the day.
Court Notes.
A judgment by default was yesterday
entered for the plaintiff in the case Of the
Dillon Implement company against T. M.
Adams for $6s4. 80 and $1l.75 costs.
Judge Mediation yesterday morning re-
mitted the S25 fine imposed upon Attor-
ney jackson on Friday. George Haldorn
made a talk to the court in behalf OF the
young attorney, giving the court assur-
ance that Mr.. jackson had meant no dis
respect. The judge replied that he felt
satisfied OF that, but said that harsh meas
ures were sometimes required to remind
attorneys of their proper place. =
Judge Mediation this morning heard
the potion of j. h. Leyson for letters of
administration on the Davis estate. The
petition having been filed in accordance
with the wishes and agreement OF all par
ties interested in the estate, there was no
opposition, and the letters were ordered
issued upon Mr.. Leyson's filing bond in
the sum OF s.. 500 600. The bond of the
first administrator, John A. Davis. was
50 900 900, but at that time IL was believed
that the Butte q Boston stock held in
Massachusetts, would be surrendered to be
administered which was not done. The
bond of the special administrator, James
A. Talbot, is So. 0O0, 900, but since then An
drew j. Davis secured a judgment for tho
million dollar bank stock and that is not
included in the estate that will pass into
the hands of Mr.. Leyson.
An appeal case in which - Arnold
was plaintiff and Mrs. j. O'Leary defend
ant, was tried before Judge Mediation to-
day. After the introduction of the
plaintiffs testimony the defense moved
for a non-suit and the court took the mat
ter under advisement,
The case of j. NJ. Blakely against w.
Il. Cloves was tried before a jury and re-
suited in a verdict for the plaintiff for
SOTO.
A number of dispositions from Canada
were received to-day and filed in the di-
vorce case of Jane Carpenter against
Charles Carpenter. The depositions were
taken in behalf of the plaintiff and the
parties making them said that the de-
PENDANT was generally not much good. In
August, 1892, he came home drunk and
kicked his wife out of the house, tore her
clothes and struck her over the head with
an umbrella. At another time he got
drunk and at a social gathering he went
home, threw his wife out of the buggy
and made her foot il home.
The sheriff. to-day sold the Brilliant.
Red Cloud and Phyllis lode claims to sat
isfy judgment and execution in favor Of
the plaintiff in the case OF L. ID. LeClare
against the Northwestern Brick and SUPP
ply company for 81 ,575.6S. The property
was purchased by j. w. Kemper for the
amount of the judgment and costs. -
Miss Granger. II