Show NORTH POINT TERROR The Evidence Adduced in the Gillinor Case Yesterday THE PIlOSECUriOX lAS RESTED The Defense Has Commenced But Sa Far the Evidence Does Not Amount to Much When the Gillmor examination opened yesterday there was quite a curious attendance at-tendance EDDIE OILLMOn was the first witness called He said When father went out to dig out the rabbi he fired four shots one evidently the other three at two dogs Walkoy fired two shots making six in all Could see no person per-son when we went out after the sheep I anyone had been within half a mile or a mile I would have soon them When De Motts boy got t his house I saw two men leave it together One of them was Walkey The other came only a short distance dis-tance To Col Kai hnI and my father were about onefourth of a mile from DeMotts house when his boy left us to go home and about one mile from our house The country coun-try between our house and DeMotts is level There is a hollow about one hundred hun-dred yards south of our house We drove the sheep towards this hollow to avoid a fence When we wore driving the sheep I plainly saw two men leave DeMotts house Could not recognize them at that distance Lost sight of one of them The other was Walkey who came up near me and my father Dont know how far the men were from us when they parted The witness on Friday testified that Walkey fired a shot which drew his attention atten-tion to him but said nothing about another man leaving Do Motts with him Yesterday Yester-day he said his attention was not drawn to Walkey by a shot fired by the latter IlEltQEN DC 3IOTT Have resided in North Point five or six rears have known defendant aLout that length of time Saw Joseph Walkey last alive on Monday morning December 23 That morning my little boy went alter mi sheep I was out doing some chores when I heard a shot followed soon by another A few minutes later my little boy came home crying In a few minutes Walkey started from my house towards Gillmors had no conversation with Walkey before he started After he had been gone about long enough to reach Gillmors I heard a shot followed in about a minute byanother I then took a shotgun and started for Gill mors On the way I saw my dog which had been shot I went up to Gillmors house Saw Mrs Gillmor herding the sheep Saw Walkeys body it lay about sixty yards weft of Gillmors house a gun lay near It Mr Franks examined the gun there was one cartridge in It I was about twenty minutes or half an hour after my boy returned before I heard the two shots at Gillmors there is a difference differ-ence between the report of a shotgun and rile Witness described this difference he was familiar with it A Winchester rifle is supposed to carry 1000 yards I more than four shots had been fired that morning I would likely have heard them To Col Kaighn When Mr Franks picked up the gun near Walkeys body it was cocked and contained one cartridge it would hold nine the gun was mine my boy usually took it with him when he went out after the sheep The sheep spent the night before the shooting about a quarter of a mile east of my house Dont know how they caino to go towards Gillmors My boy is eleven years old Before he came back I heard two shots Dont know how many cartridges were in the gun when Walkey took it dont think there were any Only heard four shots that morning Think there was no wind dont recollect positively The wind blew in the day but I dont think there was any wind when I started for Gillmors My boy came to me crying in the corral where I was milking Said nothing to him He went into the barn Dont know whether he talked with Walkey before the latter started for Gillmors My object ingoing in-going over to Gillmors was to see what caused the shots Passed within from fifty to one hundred feet of Walkeys body without with-out seeing it My first words were not Wheres Gillmor 1 Went to Gillmors armed because I thought it best t do so Gillmor has had litigation with me two or three times He is suing me now for damage alleged to have been done by my sheep Dont feel very kindly towards him Think he is a bad man Never threatened him Dont recollect threatening threaten-ing him about three weeks ago in talking with a man George Canning or saying to Canning that i Gillmor didnt look out 1 would shoot him Dont know a man named George Canning Dont remember conversing with hiT 03 hi-T Joseph Hansen and Leon Imlay removed re-moved the body to my house Did not search the body nor the pockets nor see it done Walkey wore two shirts pants overalls hat and shoes Helped to remove his clothes The shots spread over a space about as large as a mans hand They did not spread over a space as large as my two hands The rile was used for target practice within 1 week before the fiLl Walkey was a good shot Have seen him hit a tin can thrown in the air with a rule To Mr MorseHave known Walkey f vr since I lived at North Point he hs been in my employ most of that time Dont know mor of his having any difllculty with Gill LEON IMIVT 111 Have resided at North Point two months Know defendant Knew Ualkey by sigt Never had any dealings nor difficulty wiLl defendant On the morning of Uio2ad a > I or before 9 oclock I was at a uome about I half a mile from Gillmors Did not iiutict any wind Heard two shots a few mlute apart at Gillmors Could see his house To Mr Kaighu Saw three men ont shooting south of Gillmora that morning I is no uncommon tuing to hear shot in that neighborhood Was out hauling salt weed that morning my little brother seven years old vas with me To Mr Morse When I heard tho second shot at Gillmors I heard a dog jell George Baldwin testilied Lave half a mile from Gillmors On the morning 01 tae 23d I heard two shots ai Giilmort about 9 oclock The shot were a fev minutes apart Nothing important elicited ination from this witness on crossexaai OUSOS DE HUrl I am eleven years old Last Monday morning I went after fathers sheep Sat Mr Gillmor and his largest boy Oue had a gun and the other a spade 1 set the dog on the sheep to drive them homewhen Mr Jillmor shot twice hitting the dog the last time He also kicked me and sent me home When I got home I saw Mr Walkey He started out after the sheep QTo Colonel Kaighn I found somoof the sheep on Gillmrrs laud Said nothing to Mr Gillmor Didnt say to him My papa will shoot you for this Told Walkey what had happened before I told papa Dont know how many cartridges there were in the gun because on the day before be-fore there were only two cartridges in the house and one of tnose was fired Have talked with my father about it He said he thought there was only one cartridge ii the gun After Walkey left I heard tw shots at Gillmors I was at home When 1 went after the sheep and met Gillmor the first shot he fired passed right in front of me tho next hit the dog Dont think the first shot was accidental Dont think Valkey was unfriendly with Mr Gillmor He was a good shot have seen him hit tin ans thrown in the air Ho never said a ford when he started for Gillmors Dont hink there are any cartridges in our nouse DR J M BENEDICT testified to the nature of the wounds in Valkeys breast They could be covered by a mans hand except one shot More than one half of tho shots entered the heart At 230 the examination continued and Dr Benedict again took the stand and testified tes-tified that he had examined the wound of deceased carefully and that the shot bat catered in a direct line The person shot must have stood erect when the shot wa fired and directly facing the person who did the shooting He stated that he had removed the clothing from Walkey but saw no wounds on the arm or other parts of the body except the central wound nu DAtT was the next witness called by the prosecution prose-cution He stated that he was familiar with ilrconns and thought that a ball fired 300 yards from a rifle and striking the ground so as to plow a furrow between two and three feet would necessarily be much battered A ball found at the Gillmo ranch by the deputy marshal on the day of shooting was examined He thought the ball should be more battered for being fred the distance stated DK BENEDICT was called to examine the bullet I a bullet is fired 300 yards he thought it would necessarily have to be changed more int SPEXCEK a dealer in firearms called by prosecution A bullet is usually much out of shape after being fred 300 yards and sriking tho ground so as to plow a furrow three feet long He tiougbt the bullet looked as i it were of a defective mould I the bullet be defectiv it would not be likely to go so swiftly from the rifle M H EVAXS testified to having shot a rifle a good deal Thought the same as the other witnesses that a ball fired 300 yards would be much disfigured Examined tho bullet and thought it could hardly have been fired that distance To Colonel Kaighn I may not be wholly impossible for it not to have been more flattened but in my judgment it should have been more so OltsON DEJIOTT I saw Joe Walkey one day with Gillmor amy a-my fathers sheep camp Never saw Wai key raise his gun Heard Gillmor do some great cussing Walkey ordered him oft the ground He had his rifle hung up in its ese in the cabin Did not have it in his hands at all while Gillmor was there When Gillmor left he had it in his hand but laid it on tho bed Never saw him point it at Gilluior Mr Gillmor came to tell Walkey some of his sheep were on his latd Walkey took the gun down to kill a sheep Never heard Walkey say ho would shoot the head off of Gillmor or anything of that kind The boy said he was in bed when Gillmor came to the camp Saw him go west when he left Had only talked to his papa once about the matter shortly after it happened All this happened about a month ago The prosecution here rested It was objected ob-jected to by defendant owing to several witnesses whom they claimed had been subpoenaed which had not been placed on the stand The defendants held that they should be placed on the stand Commissioner Greenman thought he had no right to say that the prosecution should place witnesses on the stand when they wished to rest the case Defendants still further demanded that such witnesses be placed on the stand Mr Morse said the case was virtually not in hands but he was conducting it for the prosecuting attorney Mr McKay being sent for said ho had concluded not to put tho officers who visited Gillmors ranch on the stand He had no hesitancy in stating why he did not put them on the stand Defendants had taken out these officers for their own benefit and now i they wanted them placed on the stand they could do it For defense to have the gall to ask prosecution to place them on for them was truly absurd The commissioner again ruled that he had no power to force the prosecution to place witness on the stand DEPUTY SPRAGUE was then called by the defense Ho testified tes-tified to having gone to Gillmors ranch last Monday on request of Deputy United States Marshal Vandercook He found a dead man lying on the ground and near by was a repeating rifle full cocked I was found to have one cartridge in the chamber cham-ber About fifty rods southwest of the body he found a mark in the soil made by a bullet which mark was about two feet long and about three inches deep A little boy of Gillmors was with him and he picked the bullet up about eight feet further on The ball was covered with black earth or loom did not serve any subpoenas sub-poenas while out there as he had left the subpoenas at home but told witnesses to come The day was disagreeable and the soil muddy when they visited the place To Mr MorseI got out at tho place about noon never touched the body When the boy found thE bullet I never saw him pick it up but saw him in the act of raising rais-ing up E A FItAXKS was next called by the defense He testified testi-fied to having visited Gillmors ranch under instructions from Deputy Marshal Vandercook Found Walkey lying about fifty yards west of Gill mors house with a rifle lying near the body Did not think that anybody bad touched the body Found the gun cocked and one cartridge in it gn tracks of deceased going east nearly in the direction of the house To Mr Mouso I was not present when the bullet was found by Gillmors little boy but saw it shortly afterwards I was then covered with black loam Monday An adjournment morning was taken to 10 oclock |