The Nevada Democrat. [volume] (Nevada, Calif.) 1854-1863, 1857-04-29

elght men were put INTO DOX, eacn on Sepa-
rate slip of paper, and drawn from thence at
hazard. The prosecution challenged four, the
defense ten; two were excused in consequence
of having formed an opinion in the case, and
one on the ground that he was cOnscientiously
opposed to capital punishment The pannel
consisted of the following persons, mostly res
idents of Little York and Bridgeport Townships
and taken as a body, they were intelligent
looking men - bN
CIV. Allen, II. Williams.
NJ f. Bixler r. n. Hicks,
Geo. Ault, i. Baker
James Perine, VIM. Smithson,
Henry Brown, J. r. Archibald,
r. G. Graham, Joshua Pigman
The jury having been empanneled, the Dis
trict Attorney read clauses from the statute de-
ining murder in the first and second degree, and
mansaughter. He then stated the facts which
the prosecution expected to prove, and the wit
ness for the State were called and sworn. Mr..
Mcconnell had been retained to assist in the
prosecution, and Buckner L. Hill appeared for
the defendant.
Ocen Mahagan, sworn.--I reside in Nevada
County and township, and was here at the time
Hays, the defendant. killed Stafford think
it was in January last. was present at the
time. Myself and Stafford went to work that
morning. The diggings are, 1 believe, on
Cayote street, in this county and township.
About 9 or 10 o'clock in the morning saw
Hays talking to Stafford; was about twenty
feet from them, and the running water was ma
king so much noise could not hear what was
said. Stafford was picking in the ditch, and
Hays was standing on the bank close by him;
the ditch was about two feet deep; Stafford call
ed me, and started down towards them; Hays
was then accusing Stafford of washing his dirt
said there was nothing in the dirt, and there
was no use making a fuss about it. Hays said
he did not blame me, but Stafford knew the dirt
belonged to him; with this, Hays picked up
boulder, weighing about ten pounds and raised
it over his head, but let it drop without throw
ing it. He then picked up stick or root. and
struck at Stafford; the latter raised his pick Ell
ther to strike or ward off the blow, l don't know
which, and the stick came down on the pick.
Hays then dropped the stick, and jumped on to
Stafford. and they both fell in the ditch, Stat
fo d being under. Hays struck him two or
three times with his fist, but did not hurt him.
took Hays off. and got him off some fifteen
feet, when he commenced carsing Stafford, who
took up his pick and went to work; Hays said
Stafford was a id rascal, and was meddling
with things that did not belong TO him. Stat
ford said that he would bet thousand dollars
to fifty that there was not water money IN the
dirt Hays replied, ''if there is not a cent in it
It is not yours" and made at Stafford, and
struck him on or about the face; Stafford then
threw up his hands to protect his face; when
Hays struck again, hitting him on the neck.
At this time. Stafford was STOPPING foot or
two and his head was bent over sideways; Stat
ford made no effort to strike Hays that saw,
and said nothing to him except what have
stated. About four or five minutes elapsed
from the time took Hays off from Stafford be-
fore he struk him again. After receiving the
second blow, Stafford fell in the ditch, against
the bank; picked him up Immediately, and he
expired in five or six minutes--t may have
been ten. He never spoke word after that
When Hays struck him on the neck, he kind
o. squealed, but said nothing ineligible. Hays
got his hat and left Immediately.
The dirt we were washing was surface dirt
and there was about fifteen cart-loads of it
thrown up-more or less. We commenced
washing the dirt on Saturday, and this affair oc-
Cured on the Monday following.
Cross EIdmined- affair occurred about
eight or nine O'Clock in the morning. and about
two hundred yards above the ravine at the head
of Cayote street. The dirt was thrown up along
the line of the ditch; was standing about TWEEN
ty feet above the parties, throwing dirt into an
other ditch Myself and Stafford we're part
ners in washing the dirt. / never heard Staf
ford say that Hays had thrown up the dirt;
don't recolIect the first words heard Hays say;
he was talking about Stafford washing the dirt:
heard Hays tell Stafford that the dirt belong
ed to him, and that he, (Stafford) knew it; Stat
ford made no answer to this, but kept on work
ing. | did not hear Stafford curse Hays at any
time; he said nothing when he raised the pick.
Stafford had the pick in hia hand when Hays
raised the rock, but did not lift it up at that
time. Hays merely raised the rock and let it
drop; the rock was twice as large mans
two fists; it was rough quartz boulder. He
dropped the rock on the bank and picked up the
stick and advanced to strike Stafford; the stick
was about foot long, and an inch or so thick;
it was an old dead stick or root; Hays struck
down with the stick. and Stafford raising ais
pick caught the blow. They then clnched and
fell, Stafford being under; Hays commenced
striking Stafford; and got down and took him
off Stafford was not hurt at that time, as he
remained in the ditch aud kept on at work.
took Hays off about fifteen feet; he said that
Stafford was a id rascal, and deserved good
whipping. When Hays came back Stafford was
standing III Tue ultCn WItu Iue PICK III hi0 h"hui :
but he dropped the pick; could not see exact
ly where Hays struck him. until he struck the
neck blow; Stafford then had nothing in his hand
that saw, and offered no resistance. was
about fifteen feet off at the time; Hays struck
only two blows, and the second hit him on the
neck; the first was an overland blow. and the
second an underhand blow. They were both
standing in the ditch at the time; Hays was
rather behind Stafford when he struck the first
blow, and Stafford then turned round; at the
second blow Stafford had his head bent down
and his hands up before his face. Stafford and
myself were partners in working the dirt; we
did not know it belonged to any one; had nev
er seen Hays working at that place, but had
seen him working near by. We commenced
working there, the Saturday before in the morn
ing. Ihovc the dirt in myself; heard Hays
say to Stafford, "you knew this was my dirt,
you saw me throw it up" Stafford made no re-
/ fhnkS