The Nevada journal., 1853-01-21
San Francisco Agency.
peopIe VS.. Matthias Ault.


examination of Matthias Ault for the
killing of Richard Fisher, came up be-
fore Justice Endecott on Sunday. The
court room was crowded, and evinced
the great interest taken in the case by
the community. We give the evidence
in the case entire. y4
Dr.. T. F Harisrorc. being sworn for
ihe prose cution; Residesat Little lork
is a miner. knows the defendant Anit'
and knows the deceased, Fisher. vas
sitting down by the stove by Mr.. Flshs,
reading; the FIRST words ! heard were
from Mr.. Fisher, who just came in, to
air. Au!t, who was standing by the
stove: were you going to hang me!
Def't replied he was not. FISHER tden
asked him if he had not told somebody
he was seing to hang him. Ault said
M. he attended to his own business. =
Fisher then asked him to 60 out with
him. Ault said, "Dick, won't 60 out
to fight you" Fisher raised his hand
and nut it on him. and said, that's what
I want YOU to do or what you will have
to do. Fisher then said, Don't pat your
hand behind you, or will blow you
tbrcurh then saw Fisher raise his
arm above Ault head as if to strike
him. | Jumped up, and then saw pls-
tol in Aults hand. The firing immedi.
otely commenced Two shots were fired
Instantly did not see the latter part
of the firing. head d two shots, then
went into the dining room. | saw no
weapons in Fishers hand. Think Ault
WAS standing by the stove when Fisher
came in. The affair happened about
dusk. II was on Wednesday evening
| saw Fisher when they picked him up.
He died from those wounds the next fore
noon.
Cross eramined. The shots were very
rapid; one Immediately followed the
other Was Fisher much stouter man
than Ault! t0bjected TO- Decided by
the court as proper Fisher was much
stouter than Ault, and able 10 handle
Ault easily, in a personal contest. FISH
er was a man of a great deal more than
ordinary SIZE and strength.
Was Fisher accustomed to beat and
abuse person.
[This question was objected to by the
,,rosacution. and after discussion was de-
cided as proper 4a,
He was "a very violent man, when un-
der the influence of intoxlcation.
had been drinking that night. -.
Direct er. resumed. never knew o. ms
numbering 2 erson, even when drohk
He usually fought with his its Us tar as
[ know.
H. C. Gardner called for pros cut on !;
Resides at Little York: occunat'aa the
law Knows the def. Aslti knc~
the decd, Fisher. On the day OF Fish
er being shot he left his boafii"G hYose
and come up along the street, stopp'ns
at various places, and went ,"'o t''e ,Vo'
of Hewett & Reavis. This was ao'
sunset. He was going hackwarf
forward from FiYkis odsd'og s9Hs
the store adjoinhpg Of H,~ett :
He remaining. ttsrc. til cary c'
light wac re.ling 10 the 90
house Of MIR Fish The aFs: I'M
served, Ault was by tisIer, speai
him, Ault Fas staadin win
to the store .lnd Fisher lnding
Of him. Fisher said to rim
one ar the nj shdt we're gong
me-" Auit says, no srf
E;shsr e,,a,,,a,.~s'aamn You, !
~o,, to sir me- They conr
ing in q NV tone er
par,icular attentiqr
saying, y! hcar'
YOU 20 90 out o, az
me &c tisfaction.
for the dosor a,
Al she door hes
the word asAf
not distinctly un
Immediately
stove. Fis'
and took
and say
gDage,
Out to
now
shots
when
had
sake
spr