The Anaconda standard., 1895-04-12
HIS BODY FULL OF SHOT
II appears That Ehrick Fired At His
Victim From All, Sides
EvIDENcE4IN BIG JOB LOTS
Gilmore Ciimbsd Into the Wagon
and Died on the Way to Town
Objections. Rules and
Many Overruies.

the WITNESS 8tauu IN tue bufich tuufuck
case this morning and testified that on
the day of the killing he went up north of
Waikerville to look at some placer ground
at the request Of Andrew Ehrick. Ehrick
was with him and they were about 300
yards from Gilmore's cabin. Ehrick had
= shotgun and left for the cabin About
i've minutes later the witness heard two
shots. Mr.. Booth asked Tripp il he could
distinguish between the reports OF pistols
and shotguns. He said he could, and was
then asked il the two shots were of equal
volume or il ono was louder than the
other.
Tho attorneys for the defense made
strong objection TO the testimony on the
ground that it asked for an opinion. The
defense claims that Gilmore fired the first
shot with pistol and the testimony OF
Trip on tho matter would have an I'M
portant bearing as going to confirm the
testimony of the eye witnesses. The
court overruled tho objection aud Trip
SAID that the reports OF the two shots were
of equal volume. He also said that about
20 minutes later another shot was fired
within about LOO yards of wnerc he was.
This latter statement was in support of the
states claim that Ehrick shot hole
through his hat with Gilmore's pistol
after the murder to make it appear that
Gilmore fired the first shot and that the
killing was done in self-defensc. Trip
said that tho third shot was lighter and of
less volume thau the other two shots and
in his opinion the last shot was firod from
pistol.
After. he heard the second shot tho wit
ness went up to the cabin and found the
defendant Ehrick sand the witnesses
Herman and Albert, standing to ono side
of the cabin talking. Ehrick had the
barrel of his broken shot gun In his hand
and afterwards threw it Oh the ground
and the witness picked it up. Gilmore
was lying on one side of the cabin door.
rolling about and with his head and face
covered with blood. I-
~ asked Ehrick why he did this thing"
said the witness, ''and he said Il had to
doit.' He then asked us to come into the
cabin and have a drink"
After they had their drink the witness
took q towel and some water and bathed
Gilmore's face and Herman said to
Ehrick, Look out he might shoot you,"
and the witness then turned Gilmore over
and searched for gun but could not find
one. Andrew Ehrick then told Herman
to get Gilmore's pistol and he went into
the cabin and got it and afterwards gave
it to Ehrick. The latter then walked
down the road and in q very short time
the third shot was fired in the direction
taken by Ehrick. Tripp sent one OF the
men down the road for a wagon to take
Gilmore to town. When the wagon ar
little assistance, but when they got to
Stringtown,- few miles, away. he was
dead.
on cross-examination by Mr.. Baldwin
the witness said that. he was talking TO
some men down the road when Ehrick
came by with his shotgun and the witness
remarked to him, in a Josh" Il guess
I'll take shot at you. You sent us on the
wrong road" Ehrick replied:
II heard that there is a man up here
WHO wants to take a shot at me. / am
going up to see If he will. Are you going
along?o
,Trpp said he would be up after while
and tnen added:
"You wouldn't shoot anybody" and
Eb.rick replied; No, Iwon't commence
it.o
After the shooting Tripp asked Ehrick
what he was going to do and he replied
that he was going to town to give himself
up, and the witness said he thought that
was the best thing to do. Ehrick started
down the road alone and Herman and
Albert Ehrick remained at the cabin.
Ehrick had gone about 100 yards down
the road and was behind a hill when they
heard the pistol shot.
~ believe that the Id fool has shot
himself."' said Tripp to the others, and
then turning to Herman asked: "Did
you give him that pistoi?"
HE took 1t away from me" said Her.
man.
They then watched and few seconds
later saw Ehrick going farther down the
road and also saw some smoke near him.
Dan Trindibie was one of the men to
whom Tripp was talking when Ehrics
went by and he testified that they soon
followed him. but had gone but a short
distance when they heard the two shots
Trindible said shots were fired in rapid
succession and sounded as though they
came from the same gun. They went up
to the cabin and found affairs as testified
to by Tripp. Trindiblo also saw Herman
20 into the cabin and get. Gilmore's ps-
tol, which Ehrick took and started down
tho road. Trindible's testimony was In
substance the-same rs that of Tripp-
LsJ. Beaver, the next witness, started
his testimony by saying that he was about
quarter of a mile away when he heard
the shots. He went up to the cabin and
found some of the other witnesses there
Gilmore was lying on the ground. He me-
Ehrick on the way up and he said he was
sorry he shot Gilmore but he had to do it
On ncross-examination Mr.. Baldwin asked
the witness regarding some acts oi
Ehrick prior to the time of the shooting
Mr.. Booth objected and argued that the
cross-examination should be confined tc
the matters brought out on direct examin
alton. long argument followed. aftel
which the court sustained the objection
Mr.. Baldwin asked the same questions II
score of different forms and all wer'
ruled out. The attorney then changes
his tactics and framed his questions so a
toassume that the objectionable matter
had been testified to by the witness. Th'
questions were objected to and ruled out
Beaver said he heard three shots fired
the third about 20 minutes after the frs
two. About five minutes after he hearS
the third shot Ehrick came down tn
road.
DIR. c. v. Norcross testified that he he'll
an autopsy on the body of Gilmore at tn
request of the county attorney. He CAV
il as his opinion that Gilmore was 60 o
Of
140 to $50 punctured wounds on the bod
made by shot. The greater part of ther
were on the left side and upper part Q
the body and face. The nature OF tn
wounds indicated that one shot was fire.
from directly in front of the body md tn
other from the side. IL was evident tha
the body changed position after the frs
shot was fired. The shots in themsclve