The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-16
HIS FRIENDS TESTIFY
Witnesses In the Ehrick Case Exam
ined and Cross Examined.
DANIEL TOBY. OF BUTLER
A Woman Has SomsthinG to Say
That Old Hat With q Bullet
Hole In It-NiRht Sessions
Will Be Held.

attorneys for the defense, asked permits
sion to recall Herman, one OF the states
witnesses, for further REORGANIZATION,
but the court denied tho request because
the state had closed its case on Friday
evening and Herman had already been
recalled several times. Mr.. Campbell
then proceeded to address tho jury on the
theory of the defense. He said no one
charged with a crime was deemed guilty
until proved so beyond reasonable
doubt. He said the defense would show
that some of the states important wit
nesses had testified falsely andthat wiiful
murder had not been committed. The de-
PENDANT, he said, acted wholly on the be-
lief that his life was in danger when he
fired the fatal shot, and that he did not
90 to the place with premeditated inten-
ton to kill Michael Gilmore.
George Howard of Stringtown was the
first witness for tho defense. He said he
knew both Gilmore and Ehrick prior to
May "a. About 10 days before that date
lac met Gilmore in Butte and asked him
what he would tako for his interest in the
placer and he replied that he did not
want to sell, as he intended to go up him
self just to shoy the,Dutch
who was running tho ground. He also
said there would be a dead Dutchman if
Ehrick attempted to interfere with him.
When the witness returned home that
night he told his wife about what Gilmore
said. uo
The court interrupted Mr.. Campbell's
examination of the witness and said the
testimony was not along proper lines, aud
intimated that he was surprised that the
state did not object. Mr.. Booth replied
that he was willing to let it go on and he
would show on cross-examination that
Gilmore never did make threat against
Ehrick, and the examination was then al
lowed to go on.
In answer to questions from Mr.. Booth
the witness said that Ehrick had already
moved on the ground when he had the
conversation with Gilmore. "Gilmore
said he was going up himself and that IL
EhrIck interfered him there would be
liable to be dead Dutchman."
What did you tell your wife about ii 2"
II told her that Gilmore was coming up
TO run the claim and would kill Ehrick If
he interfered."
Howard did not tell Ehrick of the alleged
threat but went home and told his wife.
The latter was called as a witness and
testified that she knew both Gilmore and
Ehrick and she had conversation with
the latter a short time before the shooting.
The object of the defense was to show
that Mrs. Howard conveyed to Ehrick the
alleged threat of Gilmore. The state
objected and the court again expressed
surprise that the state admitted the testi-
mony of the witness Howard and said it
was very questionable IL such a character
of threat could be admitted as evidence.
or II It could be construed as a threat at
all. Tho matter was argued at great
length and authorities were cited on both
sides of the proposition.
After the arguments the court decided
to admit the testimony and Mrs. Howard
said that she told Ehrick few days be-
fore the murder that her husband had
told her that Gilmore was going to kill
HIM (Ehrick). Mrs. Howard was asked
regarding some statements made by Wit
ness Herman a few hours after the shoot
ing. Another tedious lot of arguments
followed on Mr.. Booths objection. which
was sustained by the court. Attempts to
bring out the same matter by putting the
questions in, different forms were also
ruled out. The home of the Towards is
about mile anda half from the place
where the murder was committed, and
Andrew Ehrick, the defendant, Albert
Ebrick and Julius Herman stopped at the
house on their way to town after the muir
der. Ehrick said ne was going to town to
give himself up.
On cross-examination Mrs. Howard
said that when she told Ehrick that Gill
more had threatened him he replied that
lie would have to look out for him.
Daniel Toby, the next witness, testified
that he had a talk with Gilmore seven
months before the murder and Gilmore
told him that he was interested with
Ehrick in n mine, that Ehrick had col
lected $40 and used it to get married with
and didn't give him his share, so he was
going to kill him.. Toby was very eager to
testify and said that Gilmore had asked
him to go on the claim with him and run
Ehrick off. Gilmore offered him SIS worth
of gold dust and an interest in the prop
erty if he would ''get. away with the fell
low" in the spring. Every day for month
often said he had the thing in his pocket
to do il with. The eager witness said he
went and warned Ehrick of Gimore's
threats but Ehrick did not pay much at
tention TO IL. The witness said his pres
ent home was at Butler, west of Helena.
On cross-examination he said be. had
the Conversations with Gilmore during
October, 1898. He modified the state
ment made on direct examination by say
ing that Gilmore made the threats TAT
least every other day." He was sure he
made ono threat on the I'd of October,
and perhaps again on the 4th. Sometimes
he said 1t in the morning when ne got up,
sometimes in the evening and sometimes
at noon. He was not sure whether the
old man talked about it in his sleep or
not. He talked about il at O'Clock IN
,he morning, and sometimes at 10 o'clock.
The witness was sure that Gilmore talked
about killing Ehrick at least five times
during the month.
Tho witness became so thoroughly rat
tied and contradictory that Mr.. Campbell
came to his rescue and wanted to know il
there was not to be a limit to Mr.. Booths
questioning. The court, however, over
ruled the objection. and in answer to
further questions Toby said that he lived
with Gilmore and slept with him. saw him
disrobe to GO to bed and was with him
constantly, but never saw fire arm in
his possession. When Mr.. Booth got
through with Toby, the defense also
dropped him like a hot cake.
Mrs. Rebecca Reece, boarding house
keeper, testified that Gilmore told her n
few days before the murder that he had
had trouble with his partner, Ehrick. and
that if the latter did not keep off the
ground one of them wonld go under it.
She gave him . pistol before he started
for his mine and Gilmore said that il one
shot did not ''get him. the second would.
He then took il up town to get the weapon
repaired.