The river press. [volume] (Fort Benton, Mont.) 1880-current, 1910-05-25
ON TRIAL FOR MURDER.

ON TRIAL FOR MURDER.
Jury Finds Mark CockriII Not Guilty
Of Criminal Intent.
A jury satisfactory to the prosecu-
ton and defense having been secured
at the Thursday morning session of
district court, the trial of Mark Cock
rilI, on a charge of murder, was COM
menced at the afternoon session.
Testimony for the prosecution was
given by J. P. Van Veen, postm aster
at Mariae, Thomas Hulihan, Adolph
Stephan and Henry Eversmeyer.
The story told by these witnesses
was to the effect that on February %
there were q number of people in the
Marias %postofhce, among them being
Henry Brinkman and the defend ant.
It " stated that Brinkman touched
Cockrill % the shoulder, saying II
want to speak to YOU" and that both
men then went outside of the house.
Almost Immediately there after, shots
were heard, and John Brinkman,
brother OF the deceased, and two or
three others rushed outdoors and saw
both OF the men struggling on the
ground in the snow. As he saw his
brother and companions coming TO-
wards him, Henry Brinkman ex-
claimed: "My God, boys; he has
shot me-" The testimony was also to
the effect that Cockrill, after the
shooting, turned the gun on John
Brinkman, remarking: "You are the
cause of this"
One of the witnesses, in the course
of his testimony, stated that Cockrill,
as he was leaving the premises after
the shooting, declared that Brinkman
had assaulted him and hit him 10 the
face, his lips being cut and bleeding.
At the Friday morning session of
court, the state called Dr.. D. S. Mac.
Kenzie, of Havre, DR.. w. a. Melvin,
of Chester, and James Holland, of
Havre, to give testimony as to the
condition of the body at the time of
the coroner's inquest. John Brink
man, brother of the deceased, was
alec a witness, his story Of the shoot.
ing corresponding in all essential de.
tails with the testimony given by other
witnesses. This concluded the direct
testimony for the state, other wit.
nesses to be called in rebuttal If
necessary, after the defense has pre-.
sented its side of the case.
Testimony for the defense in the
Cockrill murder trial was presented
At the Friday afternoon session of the
court, the defendant himself taking
the witness stand. His statement was
to the effect that he had been warned
last December not 10 90 to Marias
postofice, lest he should have trouble
with Henry Brinkman, and from that
date until the third week in February
his daughter had gone to the postoffice
for mail. On this occasion. as the
weather was bitterly cold, be went to
the p%ostofice himself, taking his re.
volver for self protection. The de.
fenda ant explained that he was afflicted
with asthma, and would be incapable
of great physical exertion in the
event that it became necessary to de.
fend himself. Cockrill stated that
when he went outside Marias post.
Office with Brinkman, the latter as.
saulted him and fearing he would get
the worst of the encounter he pulled
his gun and used it for self protec.
ton.
Expert testimony as to the physical
effect of asthma was given by several
physicians, Drs. E. NJ. Porter, F. w.
Cotton, j. V. Carroll and F. A. At
kisson agreeing in the statement that
asthmatic trouble incapacitated q man
for hard manual labor or great exer.
ton. Evidence as to the physical
disability Of defendsn in such con.
nection was given by Gilbert Emble.
ton, J. r. Muncy, Thomas Kinread,
J.. A. Florence and others.
Several witnesses testified to the
good character Of the accused, the
witnesses including Geo. B. Bourne,
S. w. benson. Lewis Mumper, L. D.
Pugslsy, c. F. Morris, J. c. Turner
and James Townsend, all of whom had
known him for several years.
The examin alton of Witnesses was
concluded at the afternoon session of
court, when testimony vas given by
! William Hart, . Chester barber, who