The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1902-07-03
AN INDIAN SHOT AT LApwAl

~ e
In Seuifls between Andrew fossrty. aI
Halt Breed. and an Indian ~ the Name
q flemalaS John Brown Wss Killed.
John Brown. Nezperce Indian. was
shot and killed by Andrew Fogarty 1t
his home half mile from the mouth Of
Tom Beal creek near Lapwai Sunday
afternoon. An inquest was held at the
county court house Tuesday under the
direction Of Coroner Cooper and County
Attorney johnson. The following jury
was drawn: w. r. Timberlake, Geo. A.
Manning. R. T. Thompson. Frank Burke.
B Merriman and J. Crawford. The hear
ing occupied almost the entire day.
The findings of the jury resulted in .
verdict to the effect that the death Of
Brown was caused by bullet from ! ~
Colt single action revolver held in the
hands Of Fogarty.
Later = complaint was made by Sam
Morris, an Indian, charging Fogarty
with murder and q warrant was issued
for his arrest. He came to Lewiston AFTER
the shooting aud gave himself up and 10
still confined in tho county Jail.
In the proceedings, til. Industrial
school doctor, who attended the dying
Indian, Fogartv, Flemmins. Wannassay
and Eagle we're called as witnesses and
testified the facts to be As follows:
On Sunday afternoon Charles Wanuas-
say wentto the home Of Andrew Fogarty's
mother At the mouth Of Tom Beai creek
and together they went to Fogarty's
cabin about one half mile up the creek.
There they found . number Of head Of
cattle de .troyiug the corn in the garden.
Fogarty went into the house aud loaded
his shot gun with bird shot and stau,-
peded the cattle. Soon after the cattle
had disappeared three Indians. John
Brown. Jim Flemming and Eagle, OF pile
OF Clouds, as he Is some times called,
came riding up the road as hard q they
could come. By this time Fogarty had
returned the shot gun to the cabin and
was sitting on the porch. The Indians
came up and Fogarty went into the house
and was standing in the center Of the
floor near the end Of the bed which STOOD
to the right Of the door when John Brown
entered. The former told the latter In
Indian that they would 20 down to hia
mothers to settle the dispute - he,
Fogarty, did not understand what he
was saying. And in English ordered
Brown to leave the house but Brown
kept on advancing with his right hand
in striking position until he was close
enough to hit Fogarty when Fogarty
struck him over the head with the barre
of his a Colt revolver. this staggered
Brown but did not knock him down
Brown came again and Fogarty. stepping
forward hit him the second time knock
ing him down. This was repeated when
Jim Flemming came in and seeing Browr
in the corner jumped aud grabbed Fogart,
| in his arms grasping him around thu
waist with his left arm and catching
the revolver in his right hand. In tn,
wrestle that followed the revolver wa
cooked and the cylinder turned, as tn
cartridge and the ,revolver fred. Th'
bullet went through Flemmings thigl
and entered Browns intestines and ah
domen. The Doctor from the schoo
testified that his death was caused b.
hemorrhsge. Fogarty told Fiemmipl
that it was too warm for Brown in tn
cabin SO they carried the dying man ou
, side. The shooting ccur,ed about
, O'Clock in the afternoon and Brown die
! about 9 o'clock in the evening. III
r doctor was called but found him dying.
Fogarty then went to Spalding an
\ notified Agent Stranahan. They tried I
. get the officers at the county court hous
E by telephone but we're unable to max
connections. He then rode to Lewisto
and gave him-elf up to Deputy Sheri
Warren who he met on the stree
# Andrew Fogarty is 73 years Of aye. H
= is half breel Indian ard speaks goo
English having been educated at til
!. Chemawa Indian School near Salen
o. Oregon. He is son of James Fogart,
J. a former resident of Asotin, and MIR
r Ned Bartlett of Lapwai.
:, There was little conflicting evidens
!, produced and the straight forward d
4 meanor the accused showed on the wi
q ness stand impressed all who heard hi
- with the idea that the shooting WI
n unintend.d. Brown, Fiemming or Eag
=, would either Of them weigh over n
I. pounds. Wannasssy who is Notl
IN Yakama half breed refused to take ~
| mart in the f iOhf