The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-19

"a pistol went of i'm my hands-"
ut was short one, about 81 or 80 c ali
ber."
.How long had you owned the pistol?"
~You owned il all that time and did not
know its caliber?'
for it"
WAS the pistol loaded when you lsfs
YES"
. Are you sure of it9"
"If you knew it was loaded why did
you tell Mr.. Baldwin yesterday that you
were examining it TO see IL twas loaded
when IL accidentally went OFF,"
The witness found himself i'm q corner
and could give no satisfactory answer.
ibid you have Gilmore's pistol in your
possession at that timer"
Yes, sir"
In answering number of other ques-
tons the defendant contradicted many
statements made by him yesterday on
direct examination. He also contradicted
several OF his own witnesses in material
matters. Yesterday he denied having
Gilmore's pistol at the time of the acci-
dental discharge OF his own. He also said
yesterday that his own pistol was useless
and was in his hip pocket and that the
one which he accidentally discharged was
the one he took from Beebe's tent ut the
time he took the shot gun. Mr.. Booth
also succeeded in raising a question as to
and give himself up after the murder.
The cross-examination was concluded at
1:l5 o'clock, after lasting fully four
hours. There was no redirect examiua-
ton and the witness was excused.
Albert Copeland, the guusmith, was
called and testified that he saw and exc
| amined Ehrick's hat at his home after the
shooting and found a bullet hole in the
rim. He had an experience OF two years
as a gunsmith and was sure that the hole
was bullet hole. He could also tell the
caliber of the pistol with which IL was
made, and declared that 1t was No. 81,
and that it was made with a weapon OF the
size of Gilmore's. On cross-examination
the witness said he could tell the caliber OF
a gun within two calibers, by the hole in
the hat. but was sure that this hole had
been made BY 81. He had never made
any comparisons between the hole in the
hat and any other bullet holes in cloth
and based his idea as to the caliber on
bullet holes made in his own hat when he
was q boy.
John Ensign testified that short time
before the murder he asked Gilmore for
work on the placer. Gilmore told him he
was going to run the Dutch - of the
ground If he had to kill him, and he
wanted backing. He offered Ensign So
day for working and $40 day II there
was any tEOuDie. EuSlRu ueclln0u tu0
job. On cross-examination by Mr.. Matti-
son it developed that the witness had
never seen Gilmore before talking to him
and he could give no description of the
old man. and what description he at
tempted to give. no more fitted Gilmore
that a description of an Egyptian mummy
would. The witness was still on the
stand when court adjourned for
the noon recess and Mr.. Booth
asked the court to commit Ensign
into the custody of the sheriff until
court reconvened, with orders that no
one should be allowed to converse with
him. Mr.. Campbell and Mr.. Baldwin en-
tered vigorous objections aud then Mr..
Booth attempted to state his reasons for
making the request but Mr.. Baldwin OBJ
jected and the court sustained him. Mr..
Baldwin, however, was permitted to make
| a ten minute speech in the presence OF
the jury as to his reasons for objecting to
Mr.. Booths request which he denounced
| as an outrage on the honesty of the wit
| ness. q reflection on the defendants
counsel, an attempt to.discredit Ensign's
Testimony in the minds OF the jury, ETC.,
etc. The court, however, ordered the wit
ness 10 be taken care of by the sheriff.
When court reconvened in the after
noon the witness was again asked to des-
cribe Gilmore and Mr.. Campbell de-
manded to know the object of the exami-
nation and he was informed that it was
| for the purpose of finding out whether or
| not the witness had ever talked to Gill
more or to somebody else. The witness
went on with his description but with no
| further success than in the forenoon. The
| best he could do was to say that he would
| call Gilmore an old man and that he
| weighed about 14o pounds. He also said
| that he told a number of persons about
| the conversation he had with Gilmore.
| but when asked to name some of them he
t aou,a 0 %as say ba ina. 1 an ,S 81
REORGANIZATION proceeded the
witness said the only words he remeni-
bered Gilmore using were that he had
| trouble with his partner and that he an
noyed him so much that he was going to
kill him. On redirect the witness said he
rooms and identified 1t as that of the man
| he had the conversation with. o.
David Mikeljohn. George Tong, III. A.
Neidenhofen, Simon Hauswirth and 81
Marks were called to testify to the good
character of the defendant. III
Carl Engel, clerk in a Park street gun
store, testified that some old man asked
him to load pistol q few days before the
murder of Gilmore. He refused to load II,
but sold him some ammunition and told
| him to load it himself.
The defense announced its case closed
and j. A. Pickett was called by the state
| in rebuttal.s He testified that the Gilmore
pistol was a 35-caliber and that 1t carried
| a No. . buckshot. 80
Mr.. Prickett's testimony closed the case
| for the state and the court limited the
| arguments of the attorneys to three hours
on each side and Mr.. Mattison opened for
the state, under protest, when the court
| announced that after his address an adj
| journment would be taken until to-mor-
| row morning. Mr.. Madison made an
able review of the testimony and laid
special stress on the important fact that
three unimpeached eye-witnesscs-Bank
| Kermode and Herman-had testified posi-
| lively that the murder was q cold-blooded
and unprovoked one and that Gilmore did
not have pistol and made no movement
toward Ehrick and made no hostile DEM
| onstration when the defendant came up
and fired two shots into the old mans
body and then beat his skull in with the
| gun. The only testimony offered in sup
port of Ehrick's claim that Gilmore fired
| the first shot was the testimony of the
boy, Albert Ehrick, a nephew of the de-