The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-20

Banks and Kermode are subject to pros
ecufion for assault with intent to commit
murder. On the morning OF May "A the
defendant started for his cabin. his hab-
itation and his castle, the place where no
earned a livelihood for himself and wife
aud offspring, little knowing when he left
town what was awaiting him. He was
unarmed and returning to his peaceable
home when he was informed on the way
up by Mrs. Howard and Julius Herman that
Gilmore was there with several hirelings,
heavily armed, and Ehrick did what any
other man would have done. He went
and armed himself to be prepared to re-
pei force by force. 1t was his constitu-
tional right to do so, he had perfect
right to go to his home.
+ Mr.. Baldwin reviewed the testimony OF
the eye witnesses to the murder, Banks,
Kermode, Herman aud Albert Ehrick.
and said that both Banks and Herman
had been impeached and Kermode being
in the same boat with them his testimony
was also stamped as false and therefore
the testimony of Albert Ehrick. to the
effect that Gilmore fired the first shot. was
alone creditable. The circumstances
show that Gilmore made the first hostile
demonstration. 1t is imnaterial whether
Gilmore's gun was fired first or not or
whether 1t went off simultaneously with
the shot fired by Ehrick. The defendant
had the right to shoot the moment Gii-
Mr.. Baldwin, in speaking of the change
in Herman's testimony, said that Mr..
Booth was politician as we'll as o lawyer
and he had an eye on majorities and he
saw that if Herman would testify for the
state the prosecution would have clear
majority of the witnesses. The attorney
said that Gilmore was the one that had
murder in his heart and was alone to
blame for his death. Mr.. Baldwin closed
his address with an attempt TO quote
from Holy writ something about false
prophet masquerading in sleeps CLOTH
ing but he made dismal failure OF 1t.
He said he expected a verdict from the
jury that would be a vindication of the de-
PENDANT and that the homocide was
brought about entirely by the acts and
conduct of Michael Gilmore. He also
said that the spirit of the old man, IL it
could make itself heard, would demand
the acquittal of the defendant.
Mr.. Baldwin talked half an hour over
his allotted time and the court several
times reminded him of the fact but he
talked on till he got through.
EDWIN S. BOOTH.
Mr.. Booth closed the arguments in the
case with an able and earnest plea for
Justice. he said it became his duty as a
representative of the county attorney to
speak the last words in summing up the
facts in q most cold-blooded, deliberate,
malicious murder, committed with malice
aforethought. In replying to Mr.. Bald
wins remarks about. the alleged wrong
doing of the county attorneys Office in
not prosecuting Harmon for perjury, MIR.
Booth said it was we'll known fact that
the person most apt to criticise was the
man who neglected to do his own duty.
Mr.. Baldwin was county attorney himself
for several years. When the county at
torney promised immunity to Herman in
consideration of his telling the truth it
was done on the theory of accepting the
least of two evils by permitting a perjurer
to go that a cold-bloodedf murderer might
be convicted.
In reviewing the facts in the case Mr..
Booth said that the ground over which the
trouble between Ehrick and Gilmore
arose, was owned by them jointly and one
of them could not occupy 1t to the exclu-
sion of the other. Every act OF the de-
PENDANT. after he was told that Gilmore
was at the cabin, showed q cool delibera-
ton. He walked three-quarters of mile
to a neighbours tent and stole a shotgun
and revolver He found them unloaded and
he carefully loaded them and then pro-
ceeded to the cabin and carried out his
deliberately formed intention to kill
Michael Gilmore. If Andrew Enrich Is
sent upon the gallows he Will not need to
blame the testimony of Julius Herman or
of any of the other witnesses. but that of
his own, for when he went upon the wit
ness stand and told his story he convicted
himself. He testified that he walked up
to the cabin and found Gilmore and
Banks were sitting on log and Kermode
some distance away. Not n single overt
act did they commit, and yet Ehrick
said he considered that suspi-
cious circumstance. Ehrick said he
fired only one shot, but every
juror knows that there never was shot
gun invented that will fill n mans face
full of shot and the back of his neck at
the same time. The facts are just as the
eye witnesses have testified, that he fired
one shot and the old man fell over on his
side and then Andrew Ehrick fired again.
The defendant then went up to Michael
Gilmore and struck him over the head.
He testified that Gilmore was standing up
and facing him and was fiourishing q re-
volver when he hit him, but the broken
skull shows that the blow was struck on
the back of the head. The truth of the
matter was that Gilmore was lying upon
the ground with $50 shots in him. The
testimony of all the eye-witnessses but
one is that the old man did not have a
pistol and did not make single hostile
demonstration. MIR. Booth exhibited
Ehrick's hat with the bullet hole in its rim
and pointed out the utter impossibility OF
the hole having been made with a shot
from Gilmore. The two men we're on al
most level ground and the hole in the hat
is squarely and directly upward through
the rim at point directly over the left
ear.
Mr.. Booth had a transcript of Ehrick's
testimony aud pointed out SO many incou'
sistencics and discrepancies in it that Mr..
Baldwin had TO get up and make a fiual
objection, accompanied with a speech tc
the jury to offset Mr.. Booths damaging
review. and the court once more overruled
Mr.. Baldwin's objection, and Mr.. Booth
continued 10 pick the defendants testi.
mony to pieces. aud showed many in
stances where Ehrick's testimony dis
agreed even with that of his own wit
nesses. The attorney again picked VI
the defendants hat and pointed out &c
the jury the powder marks around the
bullet hole, proving that the hole was
made with a pistol fired by the defendant
himself. In answering the criticism of