The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1901-11-27

just DelOW lue TlSHL SnOuluci bldi',
causing wound that was almost in
stantly fatal During the coarse o:
the post norton the surgeons also
discovered that the left side CT the
face and the breast was badly pow
der marked.
After other evidence from the of
ficerS who were present mad been
heard the coroner's jury aftei & short
deliberation declared that The shoot
ing was accidental and returned a
verdict generating 7Iakrisht. stating
that the Chinaman came to his Heath
as the result of an accident.
The Chinese residents Of the :ity
we're much wrought up ovel the af-
fair and for a time it Mas though.
that they might wreak vengeance on
the officer. They were b. no means
satisfied with the verdict vi the COR
oner's inquest. and retained counsel
to prosecute the case. after swearing
out a warrant for Eakright charging
him with manslaughter. The oppos-
ing counsel have made maps of the
grounds where the shooting occurred
and also the surrounding objects.
At Eakright's preliminary hearlns
in the justice court he was bound
over to the district court in $1,000
bonds and when arraigned at the
present term of court he entered d
plea of not guilty. Afterwards his
attorneys filed motion for a con
| tinuance of the case until the next
term of court. stating that the time
was inadequate for them to secure
the necessary witnesses to support
one of their allegations. In their al
| tldavit they claimed that they could
prove, if given time, that the dead
man was in this country in defiance
of the exclusion laws and that the
officer in attempting to arrest him
was acting in obedience to the laws
made and provided for just such con-
tingences. After some legal sparr-
ing between the opposing counsel, the
attorneys for the state said they
would admit certain parts of the al
legations and in accordance the mo-
ton was quaShed.
The jury in the present case was
drawn Saturday afternoon and after
being secured an adjournment was
taken until morning, when the case
was commenced in earnest. The fol
lowing gentlemen compose the jury
that tried the case: Wins w. Young,
George A. Stowell Jesse Yenne,
John A. Elliott, w. P. Jaquette Geo.
A. Gibbs, G. A. Robinson. #. Stump,
Ole Anderson, N. j. Shelf, Edward
Thompson and Geo. A. Potter
The first witnesses on the stand for
the state were B. S. Adams, county
surveyor, and his assistant, Geo. A.
Pennell, who testified that they had
made a map of the land and had 10
Gated on it as as near as possini"
the barns sheds, houses. fences, etc.
that are situated near the scene of
the tragedy The map was an i'm
mense affair and was placed in evil
dence by the state.
After the preceding witnesses had
been excused Undersheriff Jack Nc
Carthy was called His testimony
coroborated the story as related
above and brought out no new points
of any interest.
Dr. Macdonald was the next witness
and told how on the evening of July
rs he had been called to the Chinese
gardens to attend a wounded China
man who had been shot by Officer
Eakright. On reaching there he
found that his services were not need
ed as the man was dead. He also
told of the post norton held in con-
junction with DR.. A. r. Duncan
and testified as to the course of the
bullet and the finding of the powder
marks. DR.. Duncan was then called
and corroborated Dr. Macdonald
statements as to the wound and pow
der marks. The testimony of both
doctors was replete with medical
terms, but nothing new was devel
oped. The powder marks in the opin
ion of DR.. Duncan were made by un
burned powder and We're more no
tceable on the left side of the face
and chest than on the right side.
Coroner Willoughby was called ant
stated that on the night of the shoot
ing he was notified by Undersherif
Mccarthy that Chinaman had beer
killed and that his services were
needed. He secured team ant
wagon and going to the grounds foun'
the body of the dead man. 1t wa
lying on its back in a field of rhubarh
With the assistance of Deputy Sheriff
ONeill the body was put in the wagoI
and brought to the morgue in thi
city. He did not cleand dress tn
body that night as it was bleeding
,, profusely and it was thought better t
wait until morning. The body wa
dressed in a light undershirt an
what he thought was cotton pants
; The bloody garments were shown hil
and he identified them as the ones t;
, ken from the corpse. They were the
: placed in evidence. WillOughby'
, testimony was largely taken up b
: the discussion of the distances of tn
body from the fence and from othe
points as marked out on the map.
), x X. Stout was then sworn and te
:, tilted that the proceedings of the co
oner's inquest used by the attorney
h for the defense and prosecution
q the present case were correct in a
+ respects and that they were mad
! from notes taken at the time of tn
o. inquest. He was also asked by Por
C eroy if the testimony therein co
n tanned as given by Mr.. Eakrght We
Il made voluntarily and also what /
n had said Attorney Poorman for tt
;, defense objected to the question b
n ing answered. saying it was irrel
n want. The Judge asked to see II