The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-18

NIT tuuloro ana tueu starteu 10 run w" ~
the road. Trip and several other men
| came up and he told them that he was
| going 10 town to give himself up Gii-
| more's pistol was lying by his sido and
was picked up by Herman, who gave II 10
the defendant While Herman was stand
| ing at the door he said. "You had better
look out or he'll shoot you yet"
What was lmcre doing that made
Herman say that?"
HE got up several times aud came
toward me and then went back He fell
down several times" tsr. -
Ehrick said he then went on down the
| road. He had pistol in his hand and
thought he would see II IL was loaded. he
raised the hammer and turned the cylin-
der and the weapon went of. The shot
| was accidental and went into the ground
II was n cartridge pistol Of about IS CALI
Der. 1t was not Mike Gilmore's pistol,
but was one . good deal shorter. Ehrick
was then joined by his nephew and Her
man and thcy went together as far as
Stnngtown, where they stopped at How
ards place, and from there Herman rode
into Butte with some parties and Ehrick
and his nephew walked in as far as
Walkerville and there took the cable
cars.
Herman what to testify to or Threaten
him that IL he did not testify that the
shooting was done i'm self defense. 49,
Il considered that he would tell the
truth and therefore had no reason to Of
fer him any inducements or threaten
Mr.. Baldwin offered in evidence the old
felt hat which Ehrick wore at the time OF
the shooting and which had small hole
10 the brim, alleged to have been made by
the shot fired by Gilmore.
Ehrick said that Toby, the eager wit
ness from Butte, Informed him In Novefn-
Der, 1893. that Gilmore threatened TO kill
him. The defendant denied that he asked
Herman to bury the broken shot gun. His
counsel by various questions tried to have
Ehrick testify in regard to the disposition
of the different pistols that were displayed
about the timo of the murder, but he
either knew nothing about them or had
| forgotten his story and he would not tell
| the same story related by his witness,
Bcebe. He did not remember that two OF
| the pistols were thrown on the ground at
Beavers camp and he declared that the
one which he accidentally discharged was
his own pistol and not the one he had bor-
rowed from a neighbours tent, nor was IL
Gilmore's pistol. He did not know where
any of them were now.
On characterization by Mr.. Booth,
the defendant testified that he left Butte
at about o'clock on the morning of the
murder. He stopped at Towards place
about or 10 minutes during which time
Mrs. Howard told him that Gilmore had
gone up to the claim. He thought IL q
little unusual that Gilmore had gone up
although he owned an interest in the
property and had q right to go on it.
Ehrick said he recognized Gilmore's right.
When the old man learned that the gum
boots which he took from the cabin be-
loneed to Ehrick he took them back to
the owner.
WAS that a suspicious circumstances
that he had any i'll feeling towards your"
asked Mr.. Booth.
ut seemed So"
What was there suspicious about it?"
| addressed me-"
What was there in that conversation
to lead you to believe that Gilmore in
| tended you any bodily harm?"
AS he left the house he shook his fist
at me, called, me some dirty namcs and
| said he would fix me bye and bye"
Was that the last tim time you saw Gill
That was the last time 1 had any con-
versation with him."
"Between that time and the time that
| Mrs. Howard told you that Gilmore had
| made threat against your life, did any
other person tell you that he had threai-
ened your"
"rheS did not"
Ehrc said that he and Gilmore had
worked their placer together in 1892. In
| 1893 very little work was done on IL. They
| had many quarrels over some money mat
| tiers, but they never came to blows. Mrs.
Towards warning did not alarm Ehrick,
but simply put him on his guard that Gill
more was upon the claim. He did not
think much about il. When he met Her
| man the latter told him about the three
men and the long gun, but Ehrick said
very little in reply.
II told Herman TO take the sack and
hammer, which had, and l would meet
him as came back. We were about n
storted for Beebe's tent to get the
gun. Beebe's tent was about a quarter of
| a mile away also"
| he got the gun and revolver out of Bee
be's tent. He did not know whether the
l. guns were loaded or not.
"Then you had two revolvers and shot
gun?" s
.sYes.-
why did you go over there and arm
yourself?"
II considered my life in danger"
ibid you consider your life in danger at
| that timer
mot right at the time"
"Did you not say to Mr.. Baldwin that
you went over and armed yourself be-
cause ss, you considered your life in dam
"Well, / considered my life in danger
when got the guns but not at that place.
thought would be in danger when got
TO the cabin"
"were you within a quarter of n mile of
Gilmore at that time?"
About a quarter of a mile"
"How far were you from Gilmore when
you first saw him?'
at must have been a couple Of hundred
| steps"
"Where was he?"
"He was sitting on a log near the cabin
| door, when first observed him."
Mr.. Booth showed the witness a dia-
gram of the cabin and vicinity and Mr..
| Baldwin objected. Then Mr.. Booth with
drew his sketches, but Mr.. Baldwin said
| be objected anyway, and talked about IL
| for several minutes. Mr.. Campbell also
| objected and said the witness should be
! permitted to draw his own diagram. Mr..
Booth agreed TO them, but Mr.. Baldwin
made another long o bjection and said the
| photographs which had already been used
In evidence. should be used. Mr.. Booth
agreed to use the photographs, and then
| Mr.. Baldwin still objected on the ground