The Nevada journal., 1852-12-24

business. L tncn niI Hiih anu hhochcu Nun
down.
Arid Me- sworn for defence Resides at
Gold Flat: was present on the night of de-
ceased's death. There was muss among
the girls, and thought would stop and see
it out. A Chilian girl went into her room
and got pistol number Of gentlemen
grabbed her, and deft. took the pistol from
her. The next thing he came out into the
dancing room and appeared to be cutting up
a little with the pistol. The man who owned
the pistol asked him for il; deft. said he would
keep it till morning, and would let no one
have it, Others attempted to get it from
him, but he refused. Augustine came into
the room and stood by the counter smoking,
few minutes, then went toward the door
near where deft. was standing. He present
ed the pistol to her and asked her il she
would shoot she replied she would. She
took the pistol out of his hand, and presently
grabbed for it; 1 suppose he got hold OF it.
lie had quite tussle; was afraid it might
90 off and shoot somebody, which made me
observe particularly. She next showed him
out Of the door, and the pistol discharged it.
self; could not see how he held the pistol.
After the shot / examined his hand-it was
black with powder; think no time inter
vened between her pushing him and the dis
charge of the pistol. The deft. and deceased
appeared to be friendly; / do not think
there was a possibility the shooting could
have been done intentionally. Dcft always
appeared to me to be peaceable man; l
have seen him ten or "A dozen times.
L. CRoss-EXAMINED.
Heard deft. say something about shooting
If they did not let him alone. Deceased did
not have hold of the pistol when it fired. If
the pistol had been cooked at the time there
was possibility of his being abe to present
and fire it.
| Gregorid, a Spanish woman, testified sbe
lived next door above heard the pistol fred
came out of her room and saw dcft laying on
the ground; deceased was still standing /;
thought the deft. the one hurt. Deft. and
deceased always were good friends.
! Another Spanish woman testified she was
in the room at the time; saw the deft. 20 up
to the deceased and offer her the pistol She
then locked the other way, and in four or
five minutes heard the shot; looked round
and saw the deceased bend over and then
straighten up, standing an instant; and then
fell into her arms, saying she was dead
woman Dcft. was standing when she first
looked round but fell Immediately Deft. and
deceased had always been very good fri ,nds.
j. r. Mcconnell on the part of the state
made one of his ablcst efforts. He remark
ed that he was not a volunteer, nor was he
employed by the people to prosecute the man
Jones; but that he promised the Court of
Sessions at the time they accepted his resig-
nation, that he would assist in the prosecu-
ton of the persons then charged with crime.
He then examined the testimony in logi-
cal and concise manner, calling the attention
Of the Jury to all the crcums tances attend
ing the death Of the woman, and the con-
duct of Jones.
He exhibited each scene in the tragedy be-
fore the court and jury wildly and with much
sloquence. 1t was admitted by the defence
that the deceased Came to her death by pis-
tol in the hands of Jones, but contonded that
it was an accident. He proved most conclu-
sively that Jones was guilty Of erime-and
then that the jury might not msjudge as to
what crime to charge upon the defendent, he
clearly showed the distinction between murder
and man-slaughtcr. and the degrees and requi-
sites of each He showed hat although Jones
may have designed no harm to the deceased, il
his threats, arrogant menaces, and general
conduct wele unlawful but without felonisus
intent or great danger to human life, II war
manslaughter And even if the acts were law
full but done with criminal negligence, i; was
also mans!aughter. He alluded to the prac-
tice Of juries in California, that 1t had become
a by-word and reproach they would hang n
man for stealing mule, (worth $50 } and let
acold- -booded murderer 60 unpunished. The
community had already lost confidence in the
strong arm of the law. Vigilance committees
had been formed and the whole social system
had been shaken to its centre.
In concluding he called upon the Jury by
the sacredness of human lifc and the laws of
society, to do justice betwsen the people and
the defendant Jones. His speech had its sef
feet we believe in procuring the subsequent
verdict.
Mr. CHsRcuMAN, for the defence, made an
able speech, but less able than most of his ef-
forts. lie dwelt upon the wish of the prosecu-
ton to make victim of Jones, because Cali
fornia jurics had heretofore been remiss. He
reprobated the idea of victimizng this man to
redeem Nevada county. If this deed was
done, let IL be while the snow was yet on the
ground to whiten out the earth stained by his
blood. He then reviewed the evidence, dwell
ling particularly upon the accidental nature Of
the occurrence-the height of the step, not less
than eighteen inches, being sufficient to dis
charge tho pistol. He showed the friendly
feeling existing between the def't and deceased
He well knew Jones. lie was man of cul-
tvated mind and natural talents-a more ac
complished man than his prosecutor or de-
fence. He asked for acquttal on the ground
OF accident.
After charge by Judge MUNsoN, the jury re-
tired, and in two hours brought in verdict
of involuntary man slauuhter Jopes was san