The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1902-05-31
EAKRIGHT JURY
OUT S. HOURS
And Have Not Yet Arrived at a
Verdict.
SLIGHT CHANCE OF AGREEMENT
Case Was Given to the Jury Wednes-
day Night and They Have Been
WrangIing Ever Since-At Last
Report Ballot Stood Otto 2.

The Eakright case, which had been
dragging in rather featureless man
ner, took on new phase Wednes-
day, when the defense sprung a sur
prise on the prosecution by intro
ducing a new witness into the case,
who substantiated Eakrights testi-
mony that the Chinaman had run
through the pig yard insted of around
it, as claimed by the safe. 1t was the
contention of the state that when the
officer shot the Chinaman the latter
was coming almost directly toward
him, and Eakright waited until he
was only few feet distant and then
shot him.
The state made strenuous efforts to
prove this, as, if so, it would be al
| most impossible for the officer to
miss him, and would also do away
with the defendants claim that the
killing was accidental.
The witnesses for the prosecution
were the same as at the previous
trial and their testimony was prac-
tically the same, and was but repe-
tition of that given by Jack McCar-
thy at the first day of the present
trial.
The defense, however, when they
took the stand, had a card up their
sleeve that took the state de-
| cidedly by surprise, and for a short
time caused CONSERVATION in their
ranks.
The star witness, whose name was
Albert Duff, claimed to have been an
eye witness to the crime and told the
! following strange story in substan-
tiation:
His name was, he stated Albert
Duff, and he was native of Wiscon-
sin. He is a timber scaler by occu-
patton and some time before July 25,
1901, when the crime was committed
he was in the employ of the North
western Lumber company, in the
woods northwest of town. A few
days before the shooting he had quit
work and had gone to the ranch of
Claus Hennings and stopped there
until the evening of of the 25tn, when
he started for Kalispell.
1t was in the cool of the evening
when he left the Hennings ranch and
about 10 o'clock when he reached
the Chinese gardens, where the crime
was committed. He was walking
close to the fence running north and
south and when nearly opposite the
truck farm he heard a commotion.
Several dogs were barking, followed
by the squealing of pigs. Being cur
ious to know what was the matter,
he climbed upon the fence and saw
Eakright standing on the north side
of the fence running east and west
and he also saw some one running
rapidly through the pig yard.
He heard the officer shout and
heard the report of the gun closely
following. He also saw the flash of
the weapon. AS he claimed, he did
not want to get mixed up in any
law suit, he did not go over to see
what was the matter, but continued
on to Kalispell, and at the time said
nothing to any one about what he
had witnessed. Some time afrerward
he went back to his home in Wis,
consin on a visit and remained there
for several months. On his return
and short time before the present
trial he told one Of his friends what
he knew and the conversation was re-
ported to the defendants attorneys,
who lost no time in subpoenaing
him.
The witness told his story straight,
but during cross-examinato on by the
states attorneys became slightly
mixed in his details.
The importance of his story was
due to the fact that there was a wide
difference of opinion as 10 which way
the deceased was running when shot
Eakright, when on the stand swore
that the man was running rapidly
through the pig yard in westerly
direction, almost away from him, and
that when he called for him to stop
the Chinaman paid no attention to
him but continued to run. The fugi-
tive jumped over the low fence and
continued his course and when lie
paid no heed to his command to halt
the officer shot in his direction. 1t
was not his intention, he stated, to
hit the man, but to scare him so that
he would stop running. He intended
to shoot past him, but just as he
pulled the trigger, the Chinaman
stopped and turned almost around
receiving the bullet fair in the neck
On the other hand, the states con
fontiox, hot incAood IF IN a