The Nevada journal., 1851-11-06

Oh INC court, ana moved TO set aside
proceedings in the case, on account
OF an article which appeared in the
Nevada Journal OF that morning,
which evinced, the defence deemed,
that he was greatly prejudieed in the
matter. The District Attorney re-
moastrated against this, as the clerk
hal no power to alter the evidence.
and rs I'LL the evidence appearing OH
the record had been read over by the
clerk, and assented to by the defence.
The court decided that Mr.. Sargent
act as clerk, and the defence withdrew
the objection. stating no personal dis
respect was meant to Mr.. Sargent.
j. c. Horehead's statemen. On
Thursday of last week ] went to In
dustry Bar, and on my arrival there |
was met by Dibblc, who stated to me
he had had a difficulty, with Lundy.
He stated to me the following circum-
stances: con the discussion of some
question, n difficulty arose between
myself and L1ndy. l made state
ment, Lundy said it was not SO, sir. /
then, as near as 1 remember, gave
Lundy the lie, on which Lundy called
me lying son of a b-h, upon which
/said ! would hold him responsible. :"
Dibble asked me to act as his friend
I stated to him / was his friend, and
would do any thing for him ! could,
and that Iwould go and see Lundy,
and try to arrange the difficulty ami
.cably That if there was duel on
foot, would have nothing to do with
it. Ithen went TO see Lundy. lie
explained the circumstances as he un>
derstood them, and asked me if was
ITO act as Dibble's friend. I told him
distinctly Iwould not il there was any
hostile meeting to take place between
them. Dibble came to me again ard
asked me it would act as his friend,
and again told him that 1 would in
trying to reconcile them. / again
spoke-to the parties, and told them it
would bc better to settle it. That was
on Thursday afternoon, about one or
two O'Clock. Itold Dibble that was
his friend, had acted as such, and
would do SO in future if he would
conduct himself in proper manner.
IThis'is what occurred until I got on
any horse and came to town, about 3
O'Clock on Thursday afternoon On
Friday understood there was sn off
Ger going down 10 arrest the parties
concerned. Iwent to this officer and
asked him if he was going down. He
told me he was, and told him I was
going too. We missed each other,
somehow, and Iwent on down to the
Bar, where Tive, it is my home, and
got there just about sundown. Dibble !
WAS absent and arrived about seven
or eight O'Clock that night. In con
nection with some other persons II
went to him, and pleaded with him,
more earnestly than Iwould plead at
this or any other bar for mercy, to
kettle the matter with Lundy. He
gave Inc but little satisfaction, and n
let him alone until nine or ten o'clock
that night, when l went again and
asked him to abandon the idea of
meeting Lundy in any hostile manner.
He gave me no satisfaction again. II
dropped the subject, after / saw that
all my efforts to adjust the difficulty
amicably were in vain. Next morn>
ing Ispoke to him again with the same
result. 4 acted as a peacemaker, in
the capacity of a friend to the parties.
[ regret the occurrence exceedingly. |
7 introduced Dibble as my friend on
the Bar; he shared my hospitality,
|lnd | felt interested in his welfare.
No pains were spared on my part to
settle the difficulty.
Charles E. G.. Morsc's statement.-
reside in Nevada city, and have been
he last two or three weeks at Industry
Bar ON business. On Wednesday
evening last was sitting and talking
with some friepds, Dibble and Lundy
being in the company. Various ques-
lions had been discussed, and lMessrs.
Dibble and Lundy took a prominent
part in the debate. Dibble made "a
Quotation from some authority, and
Lundy remarked it is no such thing,
referring to the authority, or words
quoted. Without giving Lundy time
10 sustain what he said, Dibble arose
Rnd said you are a id liar. Upon
which Lundy arose with the apparent
|ntention of committing an assault.
Ras sitting between TIE parties and
laised my arm and warded him off.
remarked to him he was making a
pol of himself, as there was such a
discrepancy in the size of the men.