The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1850-02-27
Trial Of Isaiah Nc Mellau.

On the first Indictment Tor murder in Min
nesota. Verdict returned Feb. Is, 1850.
United States
Il tS. Indictment for murder
Isaiah Mcclellan.
BisHop & WILKINSON for pros.
AMEs s, Moss for deft.
! TESTIMONY.
SAMUEL F. DRowN sworn-i have seer
prisoner; first saw him last summer.
knew Heman Snow. The last day saw
him he WAS opposite the American House
in upper ST. Paul, in County of ST. Croix,
it was about the middle of September last,
at the time | saw him he was reading,
and about to be taken up by Mr.. Holland,
saying she was shot, and wished to be car
red home" | Immediately went into my
shop and then went out to the place where
supposed had heard the repor, of gun,
and saw several people standing together.
saw prisoner, he was standing on the east
side of Mr.. Bevan's tin shop. asked him
''if he shot the gun! he first hesi,ated; |
spoke again and he replied 'sl had the gun
in my hand, and was pnling il and it wen,
off," saw Heman Snow alive again the
same day at his fathers house, be died the
same evening. When first saw prisoner
near the tin shop, he had nothing in his
hands. AS came up, some one was pull
ling a gun out from under the shop. do
not recollect who pulled the gun out
took the gun; do not know whose it was
do not know of having seen il before; it was
shot gun with flint lock, and called an In
dian gun, did not see Angus Brown at the
time went 10 the shop.
Cross Examination.
My shop is about five or six rods from
the tin shop; the report of the gun was the
cause OF my going to the door from the
back room Of my shop. saw a few per-
sons standing around Heman Snow; the
prisoner was not there. MIR. Holland and
two carpenters were there. They are not
in court. When first saw Heman Snow
he was about two thirds the way from the
tin shop to mine. When first saw pris-
tin shop--I stood in the door of my own
shop when first saw Heman Snow read
ing--did not go TO him, saw him carried
| away. TX was after this went to the tin
shop and spoke to prisoner. When stand
ing in The door Of my shop heard the boy
| say 81 am shot" The first saw of the gun,
was, when it was taken out from under the
tin shop. | recognized the person standing
there, there were also several others there,
hut cannot say who; the prisoner as stand
ing some or 5 feet from the shop, the shop
had no under-rinning. The front part of
| the shop rested on the ground the back part
was raised from the ground, / or l-2 feet
more or less. l do not know who pulled
out the gun from under shop-do not know
who gave it to me; at the time | took the
gun stood opposite Of def. ! had no Oh
! ject in taking the gun.
! When first saw deft he was little ex-
cited; | was excited and somewhat con-
fused. did not see the son of J. r. Brown,
or any other boy, except deft. about the
tin shop when first arrived there; the re-
mark that have testified to, as spoken by
def. was all tha, he said. never saw
Heman Snow and deft. together, have never
to my knowledge since, seen the man who
gave me the gun, nor any other person
| who was at the tin shop.
BENJAMIN f. GATES sworn-I have seen
Heman Snow but once, which was two or
three minutes before he was shot--it was in
upper ST. Paul, between American House
and TIN shop. When he was shot, ! was
some or 8 rods from him, he was walking
in the street going towards the tin shop,
with two pieces of board and press-board
in his hands. was looking at him all the
time, till just the moment the gun went off,
and he cried out, 81 am shot" He was
holding the press-board before his face, as
he passed by the tin shop, with his face
turned and looking toward the shop
Where stood could not see on east side
to him, other persons Immediately came up,
but do not know who. first saw priso-
ner some five or ten minutes after, on east
side of tin shop. saw Heman Snow again
the same day in his fathers house. This
was sometime in month of September.
Cross Examination | first saw
| Heman Snow,I was about one rod from
! American House in upper ST. Paul Think
| it is ten or fifteen rods from the tin shop--it
may be twenty-fve rods. Twas going west
up the street toward the American House,
the boy was going east down the street,
passed him in the street-did not know him
at the time. After passing him looked
! around at him two or three iimes--he at
tracted my attention. had passed so,ne Q
rods before looked around the first time
he held the press board before his face for
10 or IS steps. When the boy cried out j,
was in high voice. | saw no one with a
gun. by ajwor)-l cannot say whether
the boy held the press-board rs if he was
afraid or at play.
JESSE TAYLOR sworn--l saw prisoner the
day Heman Snow was shot. Twas standing
on steps Of American House, in St. Paul,
Joshua l.. Taylor and b. +. Gates were
standing there and talking with me. When
/ first saw Heman Snow, he was walking
and passing by going down the street. |
knew him, and noticed, because he had lived
in Saltwater; after he passed by, my atten-
ton was drawn off from HIM for few min
utes, in short time heard the report Of a
gun, and the boy cry ou, tha. he was shot,
! with others, Immediately ran TO him, some
one took hold of bIn and he requested to
be carried home. Do not recollect Of his
saying anything more. He was sho, in one
Of his eyes; cannot say which. / went to
the tin-shop, where supposed the gun was
fired from, some Q or persons went along
with me. 1 saw defendant standing there
some one asked him, 'who shot the gun?"
he replied, "the boy that shot i, bad run
down the hill," in few moments some one
spoke to him again, and he replied that "he
had the gun in his hands, and the other boy
trying to cock it, i, went off," / did moi
know a, that time what boy he bad refer
ence to. l saw the gun there; the first
saw OF it, some one was pulling it out from