The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-18
EHRICK ON THE STAND
he Gives His Testimony in a Quiet
and Deliberate Hammer.
Defendant Says Gilmore Called
Him Vile Namss and Sent
Bullet Through His Old
- Hat-A Long Story.


BUTTE, April i7.--The Ehrick trial was
enlivened to-day by several incidents that
were out of the ordinary. The dilatory
methods of the defendants attorneys
finally exhausted the patience of Judge
Soeer and he surprised them by filming
.S%a s25 each for contempt of court. after
which the trial proceeded just the leass
bit more expeditiousiy.
The first witness this morning was Al
bert Ehrick, the defendants nephew. and
he denied that there was any agreement
by which Julius Herman was to testify
falsely that Ehrick shot Gilmore in self
defense and that Gilmore fired the first
shot. a.
The only question asked on cross-ex-
animation was: "Are you not DESTROYS of
helping your uncle as much as possible? ?"
to which the witness replied, "No."
f. +. Dunckle testified that he had
known Gilmore since 1888. The witness
had heard Gilmore say two or three times
that he would fix the =. Dunckle
asked him who he meant and he replied
that he referred to Ehrick. Gilmore ap-
peared to be angry when speaking of En-
rick. He claimed that Ehrick owed him
some borrowed money which he would
not pay.
James Trip, q gunsmith. testified that
he had a short acquaintance with Gil
more. The latter brought to the witness
"looso ammunition" revolver which he
wanted repaired. .He called for it the
next day aud wanted the witness to load
it, but he refused. Gilmore said he was
going up to his mine and wanted the re-
volver loaded before he went. Trip never
saw him again.,
Jammes Canning, the next witness, tes-
titled that at one time he overheard some
alteration between Gilmore and Ehrick,
but that there were no threats of any kind
made. Mr.. Baldwin asked the witness if
Gilmore did not use some libelous LAM
guage toward Ehrick, but as the muir
dered man was not on trial for libel the
question was ruled out and the witness
excused.
"Call your next Witness" said the court,
but Mr.. Baldwin and Mr.. Campbell were
engaged in a conversation.
Proceed with the case,' said the court,
after waiting several minutes.
The two attorneys paid as much atten-
ton to the court as IL 1t had been address,
ing pair of stumps.
MIR. Clerk" finally said the court, los
ing patience with the agQravating action
of Mr.. Baldwin and Mr.. Campbell, "enter
up fine of s25 each against Mr. Baldwin
For the first time during the whole
course of the trial Mr.. Baldwin got
quick move on himself. He jumped to
his feet and said:
"If the court please we would ask the
reporter TO take down the language of the
court and any exceptions to it. We were
in consultation and meant no disrespect
10 the court. zee
Mr.. Campbell. 's.0
permission OF the court to hold consulta-
lions in the midst of a trial." said the
court.
Mr.. Baldwin wanted to argue the mat
ter with the court but the latter wouldn't
have il.
"Take your seat, Mr.. Baldwin. and call
your next witness Patience has ceased
TO be virtue and we will try and find out
who IS running this court"
Mr.. Baldwin called E. L. Spaulding
who attempted to tell about having over
heard a conversation between some one
and the witness Herman during which the
latter 'hintedn at something concerning
Ehrick and his trial. Mr.. Baldwin wanted
the witness to testify as to Herman's ia
cial expression, demons trations and acts,
but an objection was sustained. Mr.. Bald
win did not like the ruling so he made an
other talk to the court and he was finally
permitted to ask some of the question.
The witness then said he gathered from
the actions of Herman and from hints
thrown out that he referred to some per-
and said they would be sorry they had
ever done him an injury before the trial
of Ehrick was over
Mr.. Baldwin asked another question as
TO Herman's facial expression, but the
court stopped him. II never before heard
feelings toward a defendant by a facial
expression, and this witness will not
answer the question:"
well we desire an exception" said Mr..
Baldwin.
The attorney, next, tried to bring out
some testimony regarding Herman's con-
versation, which had already been ruled
out and the court again stopped him and
told him to drop the examination on that
line.
Mr.. Baldwin took another exception:
On cross-examination Mr.. Booth asked
the witness IL he was not the man who
was hunting up testimony for the defense
and il he had not told Chance Harris that
he was getting up all the testimony in the
case ~
Spaulding said he made that statement
as to one witness onk.
After court adjourned for the noon re-
cess Thompson Campbell got the floor for
a question of personal privilege and made
an explanation in oxtenuation of the mat
ter of contempt. "The court has seen fit"
no said, sin its discretion and power, to
impose upon my colleague and myself
fine for contempt. 1t is the first time in
n practice of 25 years that i have been
adjudged in contempt. In my position as
an officer of this court aud in my duty 1
became 80 interested in the defense of
my client that may have overstepped
court etiquette and court ethics, but en-
tirely without iutoution of contemptuous
conduct. Thought may have appeared so
TO the court. We were simply in consul
tation as to which one of swo witnesses
we should call to the stand, and not with
lntQnflOn a mr. WI
previously made remarks about dilatory
acts, yet this could not be avoided. We
have been very busy with this case and
have had very little opportunity for con-
sultation. feel of course somewhat NOR
titled at being adjudsed in contempt. es-
pecially as there was no intention and il
was all due to my real for my client"
Mr.. Baldwin smiIingly arose to add his
voice TO that of his co-counsel. II heartily