The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-10
HIS WIFE WAS NEAR HIM.
YET Eirick Saw Something to Laugh at
In Court.
HERMAN IN THE WITNESS BOX
The Testimony Shove That Threats
Were Made Against Him II He
Dared to Recsde From His
Preliminary Statement.


Andrew Ehrick was re- sumed this morn
ing tho defendants wife and infant
child were by his side for proper effect
upon tho jury, and Mrs. Ehrick was
forced to listen TO the details of
the cold b.ooded murder with which
her husband is charged. Like yesterday,
Ehrick had the appearance of the most
unconcerned man in the court room, and
found frequent occasion to smile.
Mr.. Baldwin this morning continued his
cross-examination of julius Herman, the
eye witness who told such damaging
story yesterday. lie again went over the
details of the murder OF Nike Gilmore.
and said that Ehriclx fired two shots into
tho old man and then dubbed him over
the head until'he broke the stock of his gun.
After the murder he walked into the
cabin and secured Mike Gilunore's pistol,
making thrce pistols altogether in his
possession, besides the broken shot gun.
This statement OF the witnoss caused
fhrick to laugh. e
Mr.. Baldwin went over the same ground
q score of times in an effort to confuse the
witness and have him contradict himself.
He asked him questions which the wit
ness could not answer because he didn't
know and then the attorney would ask
why don't you know"
nat uiu Enricn 10 Win az us P's-
tols?"
lie gave me his own pistol and pu, it
in my hip pocket and he kept the other
two"
what did he do with them?''
when we started toward town he
picked it up and put it inside of my shirt.
The other pistol he dropped farther down
the road aud man named Beebe or
Denicard picked it up"
Herman said that Ehrick sent him back
to the cabin to bury the broken shotgun.
He went back but did not touch the gun.
After he had left Ehrick and had gone
some distance he heard a shot and look
ing back saw smoke near where Ehrick
was walking.
Mr.. Baldwin once more went into the
fact that Herman had told a different
story at the ,coroner's inquest and pre-
liminary examination and started to ask
him concerning each different state
ment. Mr.. Booth objected on the
ground that the witness had stated that
the entire story told by him at the former
hearings had been false and therefore the
statement and ask the witness IL he did
not SO testify. Mr.. Booth said the only
object Mr.. Baldwin had was to 60 before
the jury with an argument that the wit
ness had told q hundred or two hundred
lies. Mr.. Campbell took a voice in the ar
QutQentS OH t06 ODltCtiOif anu bdto tHC
state had promised the witness immunity
from prosecution for perjury after I" sue
ceedngn in getting him to change his tes-
timony and that the jury had a right to
know just to what extent he had changed
his testomony. - 1850. ~ .a'@
sideration during the noon recess and
then ruled in favor of Mr.. Baldwin's line
of questioning. The attorney then read
questions and answers from the testimony
of the witness given at the preliminary
trial and coroner's inquest, but he failed
to confuse the witness.
"Was that true or false? asked Mr..
Baldwin. after reading the witnesses
former statements.
1T was false" was the answer most
frequently.
Ibid you know at the time that it was
false ?''
..You know, Mr.. Baldwin, that told
you it was all made up between Andrew
and Albert Ehrick and myself"
What part was made up?"
"That should swear that Andrew fired
in self defense and that Mike Gilmore
fired the first shot,"
when did you first learn that what
you testified to at the coroner's inquest
was false?" nEr
Mr.. Booths objection to the question
was sustained. The following is an ex-
ample of Mr.. Baldwin's efforts to get the
Il was SO excited that 1 did not know
what happened" he said, reading from
the testimony of the coroner's inquest. "Is
that true or false?" = ~
'.It is false" -.t- - ~
"You mean to say that it is false that
you we're excitedY
"No, do not mean that"
''sThen you were not excited?"
81 did ,notsay that, Mr.. Baldwin. / adj
NIT that was excited. but knew what
"Then you testified falsely when you
said that you were excited?"
Mr.. Booth made an objection which was
sustained. At the former bearing
Herman testified that Gilmore fired
the first shot. with a pistol and
that he, Herman, ran out of the cabin
after Gilmore was shot, picked up the pis-
toll and took it into the cabin where he
laid it on the bed. In reply to the usual
question from Mr.. Baldwin the witness
said that that statement was absolutely
false. trE ~
The cross-examination of Herman was
concluded about 30 o'clock without hay-
ing resulted in a break in a single impor-
tant detail of his testimony. and his man.
ner during the severe examination inn
pressed every one that he was telling the
truth. On redirect examination the wit
ness told how he came TO tell the county
attorney the truth about the murder after
he had testified falsely at the preliminary
trial and coroner's inquest. Ho denied
that he had ever been threatened with a
prosecution for perjury, but that, on the
contrary. he went TO the county attorney
voluntarily and confessed that he had tes-
titled falsely and offered to tell the true
story. provided the county attorney would
assure him that he would not be prose
cuted for perjury. Mr.. Wines gave the
assurance, and then told Herman that he
wanted nothing but the truth regarding
the murder, and the witness told IL then
rs he did now on the stand.
Herman's wife is q niece of the defend
ant, and il is stated that the entire family
has been threatening him and attempting
to induce him to stick by the story he told
at the preliminary trial.
William Banks was the next witness
and testified that oh the day before the
murder. on May %. he went with Mike
Gilmore to his placer ground northeast of
Walkerville to work on a lease. They
went to the cabin and stayed there over
night. Herman and Albert Ehrick were