The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-17
SORRY HE KILLED HIM
That's What Ehrick Told Witness
About The Shooting
WANTED TO RECALL HERMAN
The Court Says There Must Be an
End to the Trial Sometime and
That the Witness Could Not
Be Recalled Again.


day, but not much progress was made, as
the day was nearly consumed in argu-
ments over legal propositions and efforts
on the part of the defense to get in tcsti-
mony that had been ruled out by the
court. ~st.
William Beebe, one of the witnesses for
tho state, was called by the defense this
morning and testified that he was in camp
about three-quarters of 6 mile from the
cabin where Gilmore was killed and when
he heard the shots he started toward the
cabin. When no came in sight Of 1t he
saw Andrew Ehrick walking down the
road and julius Herman some distance
behind him. The witness called Herman
and the latter waited until Beehe and his
companion came up to him. Ehrick was
continuing on down the road. He had a
pistol in his hand and seemed to be turn
ing the cylinder when the weapon
went off and the shot went
into the ground. Mr.. Baldwin
wanted the witness to tell what conversa-
tion he had with Herman but the court
sustained an objection to the testimony.
The witness, however, was permitted to
say that Herman was excited and weak
on the stomach and fell down two or three
times from weakness. When they got to
Beavers camp, about an eighth of a mile
from the cabin, they found Andrew En-
rick there, and Albert Ehrick arrived
about five minutes later and threw pis-
toll on the ground. There was another
pistol lying on the ground which the wit
alleged to be tho one owned by Gilmore
and carried away by Andrew Ehrick, the
defendant. This last mentioned pistol
was largo weapon with about a six or
eight inch barrel, while the one Andrew
Ehrick had in his hand, when it went off,
had N ho vv-eI n xtt finn In ahaa Inn No.
cording to the witness, Beebe said he
was about 800 yards from Ehrick when
the latter was fooling with the pistol. but
his keen eye told him that the weapon had
only four inch barrel. Beebe also thought
that the pistol went off accidentally.
When they met at Beavers camp Ehrick
told the witness that he was sorry he
killed Gilmore but that he had to do it.
He then said that he was going to town to
give himself up. Beebe said that one of
the two pistols belonged 70 his partner
and he picked 1t up and took IL home.
The shot gun with which Ehrick shot and
beat Gilmore, also belonged to the wit
ness, having been loaned to him by a man
named Lacey. He had the gun in his tent
the morning of the day of the murder.
There was a load of buck shot in the
right hand barrel and the left barrel was
empty, but there were q number of shells,
loaded with Nos. and shot, lying near
the gun. The witness left his tent In the
morning, some time before 10 o'clock and
when he returned at about IL o'clock the
gun was missing. He looked out and saw
Ehrick some distance away with tho gun
over his shoulder and going in the di-
rection of Gilmore's Cabin. The
witness testified that he had loaded his
gun with -buckshot the evening before the
murder for duck hunting. Beebe was
again asked certain questions regarding
alleged conversations with the witness,
Herman, and upon an objection being
made by Mr.. Booth, Mr.. Campbell made
another plea for permission to recall Her.
man for the fourth time in order that a
foundation for impeachment might be
laid. Mr.. Campbell claimed that the de-
tense did not have an opportunity to talk
to Beebe and learn what he really knew
about the case until the state had excused
him as a witness, because il would have
been a violation of professional etiquette.
Mr.. Booth replied by exhibiting SUBJ
poena issued by Mr.. Campbell showing
that Beebe was subpoenaed as witness
for the defense over a month ago aud that
therefore the defense could not plead pro
fessional ethics as an excuse for their own
negligence or mistake. i--
Mr.. Baldwin also made a long argument
on the question and by the time he was
through he had managed to get before the
jury about everything he wanted the wit
ness to testify to. The court then over
ruled the motion and said there must be
an end to the. trial somewhere and that
Herman could not be recalled for further
cross-examination.
Mr.. Baldwin then devoted half an hour
to the condition of the stove in the cabin,
over which the defense claimed the trouble
arose. He then sprung another question
regarding some alleged conversation be-
tween the witness aud Julius Herman the
evening before the murder. MIR. Booth
objected before the question was COM
pleted and said that Mr.. Baldwin's only
object was to get matter before the jury
that had already been ruled out. The
court sustained the objection, but Mr..
Baldwin asked the same question again
in a different form and when another OBJ
lection was made Mr.. Campbell demanded
10 be heard IN argument on the question. I
tention was to comment upon Herman's
testimony and he asked that the jury be
excluded from the court room during the
argument. The jury was put in charge
of bailiR and Mr. Campbell did just
what Mr.. Booth said he would, and made
comments on the testimony of Herman.
He said he wanted to show by the witness
that Herman told him the evening before
the murder that Gilmore had chased him
off the ground with a gun. The attorney
cited several authorities in support of his
position. and then Mr.. Baldwin talked till
he got tired and was followed by Mr..
Booth, who gave his reasons for consider
ing the proposed testimony incompetent.
Mr.. Baldwin. as usual. Insisted on having
the last word, and before he got through
the court interrupted him and sustained
Mr.. Booths objection.
The jury was brought back into the
court room and then Mr.. Campbell took
turn at questioning the witness and asked
him IL witness Banks did not tell him in
the county jail that he would hang that
id Dntchmhn IL he had to swear to a
lie to do il. The witness said Banks did
make that statement.
On cross-examination Beebe said that
he talked to Mr.. Baldwin about the case
before he was subpoenaed as Witness.
The admissions OF the witness rather dis
concerted tho attorneys for the defense
who had on numerous occasions during
the day talked about not having had an
opportunity to consult with the witness
because OF professional etiquette. Mr..
Baldwin stated that he never had n thor
ough talk with the witness and Mr. Booth