The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-20
THE TESTIMONY ALL in
Ehrick Will Soon Know What tha Jury
Think, Of HIS Case.
THAT POWDER BURNED HAT
Mother. Wife and Child OF the Pris-
oner PRESENT During the Clos
ing Hours-The Attorneys
Have Worked Hard.

PENDANT, Andrew Ehrick, Will know his
fate before another day rolls around. Tho
question, to be decided by the jury seems
to be so plain and so clear that it is not
probable the jury will be out very long.
According to the testimony, Ehrick killed
Michael Gilmore in cold blood or he killed
him in self defense. There is no question
as tothe killing itself. ~
The arguments OF the attorneys took up
the entire day to-day, and Mt their con-
clusion Judge Speer announced that he
would not deliver his charge to the jury
until tomorrow morning. as the instruc-
tions were not all prepared. While the
arguments were being made the defend
ant exhibited the first evidence of feeling
during the whole trial, and no actually
shed few tears when his attorney spoke
of the serious nature of the crime charged
against him. His aged mother sat on
one side of him and his wife and baby
on the other, and the attorneys feelingly
referred to them frequently and appro-
priately.
Charles Madison last evening opened
the arguments in behalf of the state and
Campbell and Baldwin, for the defense,
and Booth for the state made their argu-
ments to-day.
THOMPSON CAMPBELL.
The court room was crowded this morn.
ing when Thompson Campbell opened
the arguments for, the defense. He
started by defining the word premedita-
lion and said the intent must be shown
clearly and without doubt. If a man
shoots another in a conflict II rather tends
to show lack of generalization than
otherwise. Where murder in the first de-
gree is charged q verdict in any lesser de-
gree can be sustained and the court will
not set aside such Q verdict, although 1t
a oxxffh fur in
The defendant admits the killing. but
claims that il was done in self-1efense.
Gilmore caused his own death by his own
malice and his preparation for the con-
flict. The testimony of the defense shows
that Ehrick shot to save his own life. As
matter of law in the case Mr.. Campbell
said q man need not wait until he be at
tackled If he has reason to believe that his
life is IN danger. Judging from sur
rounding circumstances and from the
condition of his own mind as to fear,
such as a reasonable man would feel il
placed in such a position, then he has a
right not only to fire at and take the life
of his antagonist but to follow that up,
his acts being continuous, until the dam
ger is absolutely removed from his mind,
even though that cause the death OF his
antagonist.
There was no time for generalization
for the defendant had only made ord!-
nary preparation to meet danger. The
prosecutor claimed that Ehrick had no
right to go on the ella m and that he went
there prepared for conflict and to
seek il. n7s r'f-i ~ - eoniH q
The defendant had'a right to 60 there
as it was his habitation and he was not
required to turn back when he found Gill
more there. The witnesses Banks and
Kermode claimed that they did not know
that they went out there to put Ehrick
off the ground, but Ensign testified that
Gilmore made proposition to him to go
out for that purpose and If Ensign re-
fused to go and Gilmore afterwards
secured Kermode and Banks to go, it Is
reasonable to presume that he made the
same kind of a proposition to them.
When the testimony of Ensign struck the
front of the prosecution it ripped them
all to pieces. While the perjured wretch,
Herman, Is allowed to go free and walk
the streets of Butte, protected by the
promises of the state conditioned upon
him testifying to a different state
of facts than before. Ensign was
thrown into jail during the recess of
court simply because the prosecution
wanted to discredit his testimony in the
eyes of the jury. Gilmore was a garrulous
old man who was always telling his
wrongs to all the old women of his neigh
borhood. and of course he talked to Eu-
sign also. The conduct of Ensign on the
witness stand was that of an honest man
and fair witness. The testimony of
Mrs. Leonard and her daughter bore out
the testimony of Ensign to the effect that
Gilmore had made preparations to run
Ehrick off the ground and Kill him II nec-
essary. ~.
Mr.. Campbell said the discrepancies in
time in the testimony of the defendants
witnesses cut no figure SO long as the
other facts we're true.
Mr.. Campbell devoted a great portion
of his address to ''roast" on the witness
julius Herman who changed his testimony
and told much different story from that
related by him at The coroner's inquest
and preliminary trial. Herman claimed
that his former testimony was given
under threats made. on his life by Ehrick
and his friends. but Mr.. Campbell
claimed that the testimony was changed
as a revenge on Ehrick's wife for trying
TO collect $50 which he owed her. Infam-
Gus scoundrel. liar, perjurer, wretch, Will
ain and rascal were some of the terms
applied to Herman by Mr.. Campbell. In
speaking of the murder itself the attorney
said the defendant had right under the
law, if he thought his life in danger, to
shoot at Gilmore until his gun was emptied
and then go up to the prostrate man and
club his head of, as he did. f
JOHN t. BALDWIN.
Mr. Baldwin, of counsel for defendant,
followed SIR. Campbell in addressing the
jury and presented the law bearing on
the case. He said the state had charged
murder, deliberate. but they failed to
prove il The defense did not plead the
common and ordinary defenses such as
insanity and an alib. 1t has never been
denied THAI the unfortunate man. was
slain by the defendant. but it is claimed
he was rightly slain. AS to the relations
between the two men. the testimony
showed that the minins claim over which
The conflict arose, was located by the de-
PENDANT who then took Gilmore in as q
partner. This was an act of kindness,
but almost from that moment Gilmore
had been showing IA feeling toward the
defendant. The testimony shows that so
far back as Octobcr and November, 1893,
Gilmore showed bis hatred toward the de
fendant and threatened to kill him
and Offering men bottles of gold
TO run the defendant off tho
ground. This hatred and rancor grew
upon him until every thought OF mis- was
.....hitro-.l ,..airSt llnfanla.