The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1902-05-28

m6UCSu III Cu0 ulSITlCl court TUESDAY
forenoon and will probably not be
finished until some time tomorrow.
The case is of unusual interest and
the court room is crowded during the
hearing.
After the cases against Jonn Bran
nagan had been disposed of the Jury
for the Eakright case was called and
from II o'clock in the morning until
in the afternoon was consumed in
selecting the men to try the case.
Each juryman was closely ques-
toned as to their sentiments regard
ing Cinnamon and whether or not
they believed they should be &C.
corded all the protection the law al
lows. The jurymen were also asked
whether or not they had heard or
read of the case and the previous
trial and if so had they formed any
opinion regarding the guilt or mo
lcence of the deceased. This ques-
ton was a stumbling block to the
majority of the first IL men called,
the majority of whom had read of
the case or heard of it and had
formed an opinion that they thought
the evidence in the present case
could not remove. Finally after con-
Stunning several hours the following
jury was selected: F. E. Reid, Chas.
Larson Mike Rubenock, Harvey
Conklin, Chas. Smith, P. w. Smith,
Hugh G. Good, Rudolp P. Buckhorn,
T. F. Lasher, Robert Savage, J. P.
Bowen, James ]. Greenlay.
AS at the previous trial of the
case, large map, depicting the sur
roundings at the Chinese gardens
northwest of town, where the homi-
eide was committed, was hung on the
wall and the various buildings,
fences, pens, etc, were shown and
pointed out to the jury as the trial
progressed. The place where FAX
right stood was shown, as was the
place where the dead Chinaman lay
when found, as we'll as the different
blood spots. The distance in feet
was also marked. The map served
to give ench juryman clear idea
of the surroundings and aided them
in getting a better understanding.
George Pencil, deputy county sur
veyor, was the first witness in the
case, and his testimony was devoted
to the correctness of the map, as he
assisted in surveying the gardens
and drawing the map. He swore
that the different objects on the map
were indicated correctly, ana that
the measurements are true in all re-
spects. B. S. Adams, the county sur
veyor, was then called and corrobor-
ated Pencils testimony
j. E. Mccarthy, who was under
sheriff at the time of the shooting,
was then called. He was the first
important witness of the day and his
testimony was listened to with much
interest by the large crowd present.
His story was to the effect that
on the night of July %, 1901, about
$3.50 p. m, Officer Tom Hannah told
him that there was a Chinaman at
the truck gardens, about mile north
west of town, who was supposed to
, have been struggled across the
boundary line, and was in the United
States without a permit, and that an
attempt was going to be made that
night to arrest him. He was .skea
to accompany the other officers and
securing his bicycle, IN company
With Officers Hannah and Eakright
he started for the gardens.
When within a short distance OF
their destination his bicycle struck
some obstruction and he was forced
mounted the other two officers were
some distance ahead and reached the
gardens ahead of him.
When he reached the house, FAX
right or Hannah were not in sight
but he entered the house and found
hannah and several Cinnamon there
The officers were intending to make
a search of the premises, but before
they could do so they heard a shout
followed closely afterward by shot
9 They ran to the door and Mccarthy
shouted in return and Eakright an
= swered 81 have him. here he is"
Mccarthy ran in the direction O
where Eakright was, but there were
:. several buildings and fences in thu
Y road and he went around some ant
q cut through a yard, while HANNAH
followed the path that led arounC
the buildings.
1t was quite dark, but McCarth,
: found the Chinaman lying on the
l. ground with blood oozing from hi
G neck, and he said to Eakright, Jack
r, you have hit him." and Eakright ans
wered, Did l? | did not mean to.
The body of the Chinaman lay il
d field of rhubarb, in a general north
II east and southwest direction, tn
e feet to the southwest The feet wer
n on the first row of rhubarb from tn
fence and the head a little over tn
second. Lying on his back, tn
w Chinaman WAS NOT dead whom h