The Placer herald., 1857-02-28

/
made. Bell was by my side when we came
upon the stage. | did not fire. Bell asked
me why did not shoot, and said be wout
shoot me if did not | then shot twice, but
not so as to hit the stage. | never was with
them willingly after knew what their bust
ness was.
TESTIMONY OF j. c. BoGGs.
John c. BogeS, sWorn.--I am Deputy
Sheriff. | had Bench warrants, and attemp-
ted to serve them at the Mountaneer House
1t was the night of ball at Rat,lesnake
Bar. DO not remember the date.
TESTIMONY OF D. TowNER.
ID. Iomer, s,corn.-Have known Defen-
dant since 1851. | have been engaged al
Mounaineer House for Defendant harvest
ing for him. ! was there last July. Ikne W
a mon by the name of Tom Bell also Ned
Convery. Know witness Juan Fernando by
sight | have seen them at the house of De
fendant. Cant tell how many times. Iwork-
ed of and on about three weeks | saw
them in July. 1t was last part, between
the Goth and 3lst of July. | have seen u
roam horse there. but don't know when it was
brought there. At the time spoken of, saw
Ned Convery and Tom Bell the Mexican and
another, which from sub equent information
| supposed to be Bell. They were all there
together. think saw them there on the
20Ih, 2lst and 22d of July. Did not see
them later than that. Saw three of them,
Convery, Bell and White afterwards logelh-
er, and saw Mexican alone. | heard the ru-
NOR of the robbery of the Pedlar | saw
them there after | heard of it. First saw
Bell and Convery there a week or ten DAYS
before heard OF the robbery. dent re-
member that saw them on the 25th of July,
know saw them for more than three days
between the Goth and lust of July. Know
nothing of their having goods there. know
Tom Bell eat at the same table with him
| did not know him at that time. This was
the first week worked there. Am pretty sure
| saw the horse on the 20lh, 2lst and 22d.
think so because | hired out on Sunday,
which was the 20th and kept an account.
Went there N Sunday about 9 O'Clock A. NJ g.
| know it was Sunday. | never saw Tom
Bell eat there but once. | have seen all eat
except the Mexican. | don't know whether
these men were acquainted with Defendant
or not. dill NOT get acquainted with any
of them only by talking with tn IN. Had
been acquainted with Convery before.
Cross Erdmia0tioa.--l am certain | saw
these men on the 20th and on the 22d
learned the name of Tom Bell think it was
on the morning of 22d. eat breakfast at
the same table with him. | saw Bell get on
his horse on the evening of 22d and 90 away
and did not see him again for week. Did
not see any of his party afterwards.
Juan F'etN0ndc,, rccdlied.-I think it was
on Friday that the robbery OF the Pedar
occurred, | am not certain of It. 1t was on
Friday night the goods were brought to the
house.
Cross Eramined-I Judged the day was
Friday because we reached Widow Hoods
Oh Sunday afterwards.
Darld L0Sh, rccdlled,-It was on Friday
| was robbed.
Cross Eramined. Friday the 25th day
of July | was robbed know it.
Defence.
TESTIMONY OF o. G. UNDERWOOD,
q. c. Udderacood Smo1n.-I know the
Mountancer House have known it since it
was built knew it when it was built it is n
log house the partitions are partitions cased
in; the rooms are lined partition between
bar room and middle room is made of logs
not less than six inches thick.
TESTIMONY OF J. PooLEY.
John PooloN suo,n.-in the month of July
1856 lived at Jack Phillips. | saw man
a few years ago at Mississippi Bar, who was
u gambler, that was called Tom Bell. One
morning in July man came to Phillips
house and eat his breakfast and lett on foot,
who called himself Tom Bell. Did not see
a man there in July called Ned Convery.
remember that Mr.. Tow, er was there dig
ging a we'll, cant tell the time exactly think
it must have been after Julv. When first
went to the Mountaineer House | slept up
stairs. In the month OF July 1856 | slept
in the middle room below. Jume Richey
worked there the same time, none othsrs liv-
ed there except Towner who was there some
time. have heard Of the robbery of the
Pedlar. think heard of it some time in
that month, but am not certain. | never
saw Paul, Deputy Sheriff, till | saw him at
Court last summer. In September 1856 !
was on the premises.
know that a man came there at night and
had conversation with Phillips. was
sleeping in the next room separated by a par
tition
On the 18th of July was on the premises
of Phillips, in July ] did not see a man known
as Tom Bell, that man (meaning the man that
took breakfast there,) never brought goods
to the house OF Defendant. don't know OF
any goods being brought to the house, don't
know of any camp back of Defendants house.
In July Defendant was attending to his bus-
ness about his house as usual ! can't tell the
day Mr.. Turner came. ! don't know that
during the time Turner was there that any
body more than usual was around the house.
Stages were coming and going as usual.
Cross Eramjaed-Whe first went there
| put in some grain, afterwards | acted as
hostler, and also cut the grain when ready and
done odd Jobs about the house. Sometimes |
attended bar, and when Defendant was absent
| took charge of the house.
was in the habit of getting up first in the
morning The man who came there and eat
breakfast said his name was Tom Bell. This
man should think was not quite as tall as
am. | measure 5 feet l034 inches, he had
dark hair and very dark whskers. | am not
acquainted with Tom Bell.
No lots of goods were brought to the house
to my knowledge, except by pedlars, aud they
never to my knowledge took their goods up
stairs. The man that come at night and had
conversation with Phillips, raped at the