The Nevada journal., 1854-03-17
Hog killing.

" .
ny, in killing and appropriating certain hogs
belonging to Marshall Miller, Esq. of this city;
in Cayoteville. The trial was concluded on
Wednesday evening, and on Thursday an ap-
plication for new trial was made by the de-
fcndents' counsel. c. Wilson Hill, and Overruled.
The facts in this case, which have excited
great interest in the community cannot be more
clearly set forth than in the following report of
the decision and verdict of the court, as taken
by our reporter
In the case Of the people of the state
against John Clark, William Stavely. and
w j Clark, found guilty by this court of pet
ty larceny -
You stand convicted by this court of an Of
fence which the eyes of the community in which
you live look upon as one of mean and most
dcspicable character. Well knowing that YOU
were committing a wilful wrong, YOU take the
property Of a citizen and appropriate it to your
own use and when charged with thus Goinr.
two Of you, in the face of the most conclusiya
guilt as it regards one Of YOU, cndcavor to shake
off and transfer that guilt to mere boy, who
has been willing tool In the hands of his faith
er. 1t was proven conclusiVely that the proper
ty belonging to the defendant was found in and
about your cabin; but the prosecution Glilcd
to fix the guilt specially on either one of YOU
separately. But out Of the mouth OF your own
witness, whom you have called upon to heaD
that shame ana ignomny upon himself alone
which belongs at least to one Of you, You have
been convicted. You called upon the defend
ont, the younger Clark, to say that YOU were
innocent and under q solemn oath, guided. a
= bniia Iy-
it may be your threats he says that YOU were
innocent and innocent this court would have
believed you to be had not the young man tcs-
titled to things which were wholly untrue in the
opinion of this court.
What was the testimony of this bov? He
says that the black pig was killed by one Shan
non. some three weeks before this charge was
made, and that Shannon brought q portion of
the carcass to the house. That his father hay-
ing his suspicious, asked Shannon where he got
the meat, and that he angriIy replied that it
was none ofhis business as long as he Shannon
had bought and paid for it, The boy further
testiics that you afterwards partool1 of the
meat altogether, and nothing further was said
The young man acknowledges that he esafter.
wards did kill the brown pig. and took the meat
to the cabin, OF which you also ate, but posi-
lively denies having killed the black pic What
are II c a(tS in the case as proved by witnesses
on the part ofthc prosecution. The skin ofthe
black pig was examined most critically by the
witness joins, and m pared with The pork
found in the bucket III the cabin. The
joints Of the feet Of the black pig were founl
to tit exactly the bone Joints of the meat
in the bucket, aud the skin to fit over the Joints
in their proper places and a small portion Of
the skin with black hair upon the meat to fit in
a cut iii the skin Of the black hog. Now either
the witness told an untruth touching the blac?,
pig and the time Of its being killed, or else there
has been another one killed by one of tn,
/ inmates Of the cabin, as the skin anl meat Of
that testified t. by the witness Johns WAS quit.
| ireSh-aithough too much so to l1al to The b.
lief that it had been slain more than three or
four days. Nfom this AMI Other col-
tradIctlons III the Young mans testimony, til:
court places no confidence whatever in his
statements, which otherwise would have gone
to eycuipatc the other two.
The court was anxious to have the defendant
Stavely acqnit himself Of this charge because
his general character heretofore has been oooJ
in the community. And had he left his case to
his counsel instead unfortunately for himself
putting questions to the witucss, he would have
had full benefit OF the doubt noon the mind f
the court SO Far as It regards himself. Bat he
chose to ask the qUCS,O ana the 0uestilus
and answers fully satisfied the c3rrt that he
WAS aware OF the deprclations which had been
committed, but chose rather to screen the
more gniIty, and thereby implicated himself as
acctSsaHy. There is no shadow OF a doubt to
me that these depreIations have been going on
Tor some time, and that yoa have been cogDi-
zant OF tn m, iftnot equally implicated -
jOHU (tyl.t wa. final : Tn1 .-1
90 days, and iii default OF pa m mt to be further
imprisoned till it be paid not exceeding an al-
dition Of 80 day s.
~ Hava'y was fined sl0o, CT imprisonment
till paid not exceeding 80 days.
". j. Clork (the som forritel his bond 70
the extent Of 5000, and was not before tbo
court.
EPIaoDEs- The above affair was intensified
by some collisions between NIr.Miler. the co,,
pialnant, and our grave cotcmporarv. Mr.
9earls, OF the Democrat, ," who was coun.c1 far
tie defence On Monday evening Mr.. Scor,s
used some expressions in the trial not snitino
Mr. MllIer, when the latter pitched in" He
had mistaken the arena for his chiYaIrv, for tho
court took the demonstration as contcmnt and
put Mr.. N. in Jail for twenty four hours h,t
properly released him in an hour. On Tuosd,v
evening the champions met opposite Fclt;s
bookstore on Broad street, and disregarding
father Watts
Let dogs delight" SC.
came again to a tusse.
They fought and hit, and scratched and Lit
And struggled in the mud &c ''''
out m were happily parted without injury, al
though both were armed. We presume Meth
er wished to do the other serious injury At
any rate we know both to be good feIlows,"
and doubt not tn at they will shake hands and
ieugh at the hble matter after this snecioI in
PRODUCTION to acquaintance.