The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-11
SHOT ANDP0UNDED HIM
Long DfaWu-Out Tale Of tia Ehrick
Murder.
BANKS. RELATES HIS STORY
Cruel and without Apparent Provo
cation the Crime Was Committed
"a. the pressncs of Several
e. Sworn Witnesss IS.

to getup and get his gun aud Shoot" said |
the witness, '-but Gilmore did net move. |
Ehrick then said. Why did you stop my |
men from working, and why did you
throw my things out of tho cabin?' Gil !
moro said nothing and then Ehrick callel
him an old, gray-hcaded thief and liar.
Gilmore replied, i am not thief nor q
liar EhricS .hen said, Did you cali mo
a IiarP' but beforc Gilmore could say any
thing iEllrick threw his gun to his shoulder
and fired two shots. At tho first shot Gil
more fell back littlo and at the second
shot Nc Fell of tho log on his side. Ehrick
then turned his gun around and walked
up to Gilmore aul beat him oyor the head
and started for town."
ibid Gilmore make any movement to-
ward Ehr.cis bcfoTc he iiredy''
"Hc did not"
"Did he have n weapon"
s'He did not. In the morning at about
half-past o'clock, while 1 was lying in
bed, Gilmore took his pistol and put it
under tho mattress of the bed and l never
saw 1t again."
"who was with you at tho time of tho
shooting?" .f
"Richard Kermode.'
"Where was Albert Ehrick Pr
"In the cabin"
''Did you sec hiin?"
~ did not" ts
On REORGANIZATION by Mr.. Baldwin
the witness said he had been we'll ac-
quainted with Gilmore for several years
and had worked with him. The day be-
fore the murder he went with Gilmore
to the placer grounds, where the murder
occurred, for the purpose OF working q
lease.
"Were you employed to do anything
else but work on the piacer!"
mo, SIR"
rs il not a fact that Gilmore en-
ployed you to fght?"
1T Is not"
WAS he not to pay you $40 day 10
there was any fighting, and % day If
there was not?"
mo, SIR" emphatically.
ibid you not go up there for the pur-
pose of putting Ehrick off the ground ~
mo, SIR" II
IBID not Gilmore tell you that he ex-
pected trouble and that he was going to
put Ehrick off the ground?"
mo, SIR"
What did he tell you about Ehrick ?"
HE never mentioned his name to me-"
Banks said he was to get all he could
make out of the lease. ;,
.'Who was present when Gilmore made
the arrangements with your"
Nobody but my wife," D. -.......s. r.s,
What gupsmith's did you stop at on
the way up to the mine?
II did not stop at any,"
what gunsInith's did Gilmore stop
at?"
mot any that know Of"
'You don't know how he was armed, do
your"
II don't know that he, was armed at
ALL"
'swhen did you first become acquainted
Mth Andrew Ehrick?"'
.sThe first time saw him was when he
came to the cabin and shot Gilmore. l
n NJ t knnU W /
him."
In the morning of the day of the muir
der the witness, Kermode and Gilmore
went out to take look at the ground on
which they had lease and they found
Bill Ehrick, William Beebe and two other
men at work there. They then returned
to the cabin and started to get dinner.
Gilmore sat down on n. log and then
Ehrick came up. The witness first saw
him about 100 yards away. He had some-
thing in his hands which the witness dis
covered to be shot gun on nearer APP
proach. Ehrick came straight toward the
cabin and stopped when within about 40
feet of Gilmore. Kermode had been
sitting with Gilmore on the log but got up
and walked away when Ehrick told Gill
more to get up and get his gun. The wit
ness stood within Is feet of Gilmore when
the shooting was going on.
Mr.. Baldwin again started in to twist
the witness testimony around so as to
make him say what he did not testify to
and the court called him to order and said
he would not permit him TO assume a state
of things that had not been testified to.
The witness said Gilmore did not say n
word to Ehrick except to deny that hc was
altar aud thief. Ehrick then fired two
shots and then hit him twice over the
head with the gun.
When he struck him the second time /
started TO run for town." said Banks.
''Did you look back at ALL"
II did once when L was about 50 feet
away"
Were you going at a pretty fast gait at
II was going just as fast as my legs
could carry me.
Where was Kermo le?"
.sHc was ahead of me, and we kept on
runptng and walking until We got to
town." .-------
Banks said he could neither read MOI
write, and his lack of intelligence was
very manifest during the cross-examina'
tion. He seemed to have difficulty in un
derstanding the plainest questions.
..How far were you from the cabin when
you overlook Kermode:n
.'Efow far from the cabin was Kermode
when you caught up with him."
''How far were we from the cabin ?"
about l0) yards.n
Thakvas the usual form gone through
by Mr.. Baldwin and the witness with
every question.
In answer TO further questions the wit
ness said he had besn in custody of the
sheriff as n witness since this 2lth OF last
May. tsf
.'Haye you ever been convicted of fel
ony?''
Tae witness did not know what felony
meant and Judge Speer explained to hin
that il was q crimc punishable by i'm
prisonment in the state penitentiary.
II have not" was the answer
lis it not q fact that you are fugitiy,
from justice in the old country?"s
An objection To the question was sus
do you say that you were never tried
for a felony"
Objection sustained.
ibid you not say to n man after yo'
were. tried for grand larceny that yos