The Detroit times., 1912-09-26
FERGUSON mice AND COOl''
AFTER SHOOTING DOWN
HERBERT, WITNESSES SAY
Not Excited Bit Over Killing
Canadian immigration Officer
On Ferry
QUAILS IN COURTROOM
Prisoner Exhibits Much Nervous
ness AS He Stands Up For
Identification
QyAILs IN COURTROOM

\ United States district court on the
charge of homicide, was identified by
witnesses, Thursday. as the man who
shot and killed II. G. Herbert, the
Canadian immigration inspector, on
the ferry-boat Excelsior. July rs.
Robert Yates, OF Windsor, was on the
ferry and saw Ferguson kill Herbert.
How did he act after the shoot.
ing? was asked Yates by District At.
torney Webster.
He acted nice and COOL" replied
the witness.
Other witnesses told how Ferguson
calmly informed them that he killed
Herbert because the latter refused to
let him enter Canada. II Ferguson
was nice and cool after he shot
Herbert. he was trembling nervously
In court when he was called on to
stand up before the witnesses for
identification. AS one witness after
another said: That's the man" Fer
guson could scarcely stand up. At
torney James II. Pound, counsel for
Ferguson, plans to question the fed
eral courts Jurisdiction after the tes-
timony has been introduced and the
facts OF the case shown TO the court
The extreme penalty for homicide In
the federal court is death. and by
having the trial In the state court,
Ferguson would at least escape that
penalty.
The first witness called Thursday
morning was Fred Jacob, aged 81
years. deckhand on the Ferry Ex-
celsior. He said he was four feet
from Ferguson when he saw the lat
ter shoot Herbert. Ferguson stood
about IL feet from Herbert. Assistant
District Attorney Bland had Jacob
illustrate the positions OF the partici.
pants.
Did Ferguson say anything to Her.
bert before shooting?"
No, sir; that Is, didn't hear him
saying anything" said the witness.
Jacob told him one man on the
boat clasped his two hands to his
face and dashed behind an automo-
bile when he heard the report from
the revolver. Jacob said he was un-
der the impression that the man had
been hit.
Yates then took the stand. He is
ruddy-faced deckhand employed on
one OF the Bois Blanc boats. He de-
scribed the shooting. having testified
that he stood within four feet OF Fer
euoOh dS uC uTcu upon TicIDOTl.
did you hear Ferguson say any
q hing after the shooting?" he was
Ned. ,At -,o,
Yes. He said: You wouldn't let
me land there, you He didn't
hnish the sentence"
At Athat time, witness said, Fergu.
son was standing near Herbert with
the revolver still In his hand. He
n
feet from the dock
Robert K. Mason. cashier for the
General Motors Co., was the next wit
ness. He said he was seated on the
veranda of the ferry company's build
ing when he heard the shot fred by
Ferguson. He said he saw a man
with a revolver In his hand which
be pointed TO the spot where his vic
tim lay on the deck.
Ferguson, stand up" said the dis
trict attorney.
Ferguson did not rise TO his full
posture so afraid was he Of the scru-
tiny OF the witness.
Hes the man." said the witness.
and Ferguson quickly sat down.
Fred j. Mason, cousin OF Robert e.
Mason, and general passenger agent
for the ferry company, was the next
witness. He was In company with his
cousin and saw the same scene en-
acted on the boat He also identified
Ferguson.
James Bomerito, saloonkeeper, No.
"a Larned-st east, said he was three
or four feet from Ferguson when he
fired at Herbert The other witnesses
testified that Ferguson had fred four
shots, but Bomerito said he heard
only three. He was standing with
his back turned toward Ferguson. but
turned as he heard the first shot and
saw Herbert fall to the dock
He also identified Ferguson In
court.
He fred two shots and then Her,
bert FELL" said Bomerito. Then he
put another shot into him as he was
lying there. I said to him: What
made you shoot that manT He said:
!. He wouldn't let me land on the other
side and shot him."
Did he appear excited?"
mot excited bit"
Harry N. Stringer, No. 1104 Brook
lyn-ave., a customs inspector said he
was standing in the customs ONCE
when they brought Ferguson in.
Stringer said he asked Ferguson why
he shot Herbert and Ferguson re
piled: 1T was because he sent me
back"
Ferguson,s face gives the appear.
ance of a man who has led rough.
hard life. There 10 an expression
about his eyes which shows cunning
fear and cruelty. His nose is small
and sharp and turned upward, with
a wiry, gray mustache underneath
His face Is wrfnkled and he has the
appearance OF a man Of so years
broken In health. His head is almost
entirely bald. Ferguson wears a
wooden stump In place OF his left leg
which was cut on In an accident. II
was because he was a cripple that
Herbert refused TO allow him en-
trance TO Canada.
The case will probably last through
Friday.
Prospects Of Settlement Bright.