Butte record., 1855-02-17
John TABOR.

ing of Mansfield, as published at the
time and subsequently, are doubtless IA
miliar to our readers. In order that we
may fully understand the case, however,
We will briefly recapitulatc them Ia
Dor AMI Mansfield were editors of rival
papers in Stockton, and as editors often
do, they quarrelled through their papers,
saying some pretty severe things of each
other. They met in the streets of Stock
ton, and Mansfield addressed Tabor with
the remark" oung man, l want to
give you piece of my miud," or words
to that effect, as the published statements
have it. Tabor, thereupon, drew a pis-
tol and shot Mansfield down. If we
have erred in stating the facts Of the
case, we should feel thankful TO be cor
rected, because if we do not understand
the case correctly, we are not of course
prepared to advance correct opinion
upon the subject.
is urged by those journals now re-
questing the Governor to pardon Mr..
Tabor, that he expected an affray with
Mansfield and prepared himself for it,
that when Monsfeld addressed him, he
believed Mansfield was abt ut to attack
him and fred in self defence. These
facts, (if they are facts) should have
been submitted to the jury, and if prop
erIy attested would have had their due
weight in mitigation of the crime, for
which he was under trial. We doubt
not the jury did give due weight to all
the evidence presented in Tabor's favor,
and were yet compelled to declare him
guilty of murder We have never yet
seen jury. upon trial Of this descrip-
ton, whose sympathies were not with
the accused. 1t seems impossible that
it can be otherwise, and equally impos-
sible that anything but stern justice
could doom fellow being to expiate hi.
crime on the gallows. That Mr.. Tpbel
had the full benefit of all mitigating
circumstances, we feel bound to believe.
from the length of time that interviewed
between the killing and his trial, ant
from the efforts made for a re-hearing
60 Admitting that Tabor believed
his life to be in danger from Mansfield
fnct which he failed to establish to the
satisfaction of the jury, and he would
SUI be guilty of Manslaughter, punish
able by a term of Imprisonment in the
State Penitentiary. 1t seems to us that
the press of California make great mis-
take when they unite in requesting the
Executive to pardon a man whom they
are compelled to admit is guilty of man.
slaughter, and who has been convicted
by jury of his peers, of the more terri
BILE crime Of murder.
1t is also urged that Tabor is an in-
dustrious and peaceably disposed man
that he had once received a challenge,
and refused to en- age in duel If his
refusal was occasioned from principl, S
of opposition to the barbarous code, we
certain ly honor Mr.. Tabor for his rcfu-
sal. But we have conversed with those
who have long known HIM and cannot
endorse his peaceable disposition. A
brother printer, whose name we have
forgotten, and from whom as he informs
US, Tabor learned the printing business
does not agree with our brethren Of ths
press, in the Endorsement of Tabor's dis
position. Another gentleman assure.
us that he has seen him refuse an equal
show to an opponent, but by the persua-
sive aid Of revolver, compel him to
snbmit to indignity. Could we believe
that the jury had failed in their duty
that those who know Tabor are mali
ciousiy poisoning the public ear agains
him-that he had not thought in hi,
heart to shoot Mansfield if he spoke te
him-could we believe these things, We
too would raise our voice for mercy, fol
an erring but not guilty brother.
1t is further urged that he fred upor
Mansfield through fear--that he hft
been shot Awaited for upon corners
and was forced to arm himself in self de
fence. 1t is not stated that MANSFIELD
challenged him--or waited for him upor
corners, or shot at him--but was un,
armed at the time he was shot down
"Poor Tabor" shot an un-arned mai
through 'Efear," aud has been alread,
sufficiently punished "Foolish" Mans
field, had he not stopped to talk will
Hpoor Tabor" he would not have beel
shot down, and ''poor Tabor" would no
now be convicted felon. Such is tn,
tone of many newspaper articles upol