The Nevada journal., 1854-07-07
Especial No,ice.1
a CARD

niHSieu WIN theIn IN SO many different wave
that feel bound ID justice to others and myself.
to explain the whole transaction:
On the 9th day of June, 1854, asuit was com.
menced before Justice Ellison. by S. ]. Nc
Worthy, John Odell and others, against Robt
Bell, T. Lancaster and Church to recover nos
session OF some mining ground and Tuesday,
18th June, was set as day Of trial. was en-
played as Attorney for Defendants. and was
present at Alpha on that date An affidavit
for continuance was made BY the Plaintiffs
= on the ground of the absence Of witnesses.
| objected that the affidavit did not allece that
Plaintiffs expected to procure the attendance
of the witnesses. The objection was ovcrrulcd
By the Justice and an adjournment granted
until Tuesday, Jnne Goth. | was again present
ready for trial, when the Plaintiffs again obtain
ed an adjournment on the same kind Of af4
davit
On the 2lst June, about 10 M., t. n. Rolfe.
Justice of the Peace of ofNeyada township made
visit to Alpha. and he. Judge Ellison, and
Worthy (the Plaintiff in this action.) were
overheard holding conversation in regard to
this cause, which conversation was written
down. by tbs person hearing it, and Immediately
transmitted to me. In this conversation the
adjournmentS were talked Of and Judge Ellison,
explained to Rolfe. on his inquiry, how the
adlournments were made, and stated that he
intended to adjourn the case from time to time,
until the costs amounted to such a sum Of
money that in case of judgment against the
Defendants, they would be unable to pay the
costs to perfect the appeal And further, that
he Ellison intended to do all he could in the
cause against the Defendants, Bell end myself,
as we had reversed some judgments Of his by
appealing therefrom. In few days after this
conversation was called upon by Mr. Nc
Worthy in regard to this alleged conversation
He denied that such conversation had ever
taken place, but by his own admissions and
declarations convinced me Of its truth apd /
informed him of my impression. Judge Rolf;
and Ellison called upon Defendant Lancaster,
and tried to convince him of its falsity-but
only convinced him of its truth. Under these
circumstances felt it my duty as Attorney for
the Defendants to file an affidavit for change OF
renue, setting out the above mentioned grounds
in the affidavit. The case came on Friday, june
3Oth, 1854, at 10 A. NJ. l Immediately filed
the affidavit making some few remarks, but did
not read the affidavit. The Justice told me
that the change If venue, would have been
granted without the remarks being made.
While discussing the question Of costs, s. s.
Fem came i'll, and acting as Attorney for
Plaintiffs, read the affidavit aloud and com
menccd q TRADE against the informant Of the
facts set out therein, alleging her to be n
woman, and using such coarse and harsh epi-
thets, that | became excited and spoke the
words testified to ON the examination : THAT
if he spoke in that manner of q female relative
of mine would blow his brains out before he
could take his seat" The Justice permitted
Mr. Fenn.to exhaust himself in his noble and
manly effort of abusing a woman, but checked
ME III MY reply. The change of venue wax
granted. | deposited $50 as costs and told
Mr. Bell to get So more. Bell and Lancaster
started ont to get the money. In few seconds
there was rush for the door by the persons
in the Justices Court l started and was one
Of the last Is gain the porch. John Odell,
who he'd interrupted me several times IN the
court room, and who looked IS + he had been
drinking, was just in the act Of pulling Bell
down to the ground which he succeeded ir.
doing, and then raised his foot to STAMP ubou
his head | saw Mrs. Bell run out Of the house
she was coming. out to save her husband, and
ran to Odell, who seized her by the hair, throw
ing her around, md struck her several times.
At this moment caught hold Of Odcll bv the
arms from behind, and using all my strength
threw him to the right from Mrs Bell : the
force | used threw ne to the left. Olell then
made blow at me with something he had in
his hand, threw back my heai and avoided
the blow, and then stepping back step drew
my revolver from my side though not from
beneath my coat. Just at this moment Bell
(having recovered himself during the few mo-
moments that elapsed while Odell and myself
were engaged fired his revolver at Odell.
saw him fire. did not sec II. Stincs until
Bell fired when | saw him fall. OdeIl stood
for a moment then started to ran and Bell fired
again at him. | thought that he missed az
Odell continued TO run. then led Bell into
the house, as he could scarcely stand alone and
partly carried and partly pushed Mrs Bell into
the house. and dressed their wounds, sent for
the stage and helped place them in. When
the stage started | was arrested. and after hay
ing surrendered my revolver was taken into
the Justices Office being arrested on.a warrant
issued without complaint having been filed
demanded to be taken to Nevada, but it was
refused. So evident did it appear to me that
my wishes would not be considered in the mat
Ter that for the purpose OF being taken to
Washington, l objected to going there
Threats were made Of personal violence
towards me in the Justices Office and on my
way to Washington.
The witnesses for the prosecution were mis-
taken as to my difficulty. 1 had my back to
the crowd, but from the moment threw Odel
off stood nearest to Bells house, directly III
front..of the window, facing the crowd and
watching them to see that no shots were fred
by any Of them. My pistol had never been
discharged from the time | procured Mr..
Davis to load it on Thursday until it was ex-
aniined by alr. Davis after my arrest and
proven by him to be the same as when loaded
for me, by the marks of the ramrod upon the
balls, and peculiar percussion caps on the pis-
tol. The shot that struck Stines was acciden
tai and was intended for Odell Stines stood
about two feet behind Odell and about one foot
to the left, when saw him as Bell fired and
directly in range with Bell and Odcll stood
on Bells right hand about eight feet distant
and about FIVE feet from Odell.
To avoid excitement ard difficulty ] waived
q trial hefnre Iudre Brown at Washinctnn