Mariposa Democrat., 1857-05-06
THE LATE SHOOTING AFFAIR.

the room of Mrs. Whitney and found Mr.. ii
j. Askins, for some months a resident in this
place. in a dying and senseless condition, from
bullet wound on the right side Of the head
penetrating the brain just above the ear, and
another wound from bullet entering the right
side of the breast, just below the nipple, and
glancing around the ribs on the outside of the
sternum, and passing out on the left side. Mr.
Askins died about two hours afterwards.
The following day, wednesday, A. f.
Washburn, Justice of the Peace, acting in the
place of the Coroner, held an inquest upon the
body of the deceased, and the jury, upon the
testimony of large number of witnesses, re-
turned verdict to the effect that the deceased
came to his death, at the time and place men
toned, and by means of two shots from a pis-
tol fired by Mrs. Whitney.
At the time of the occurrence of this tragical
event. Mrs. Whitney was confined to her bed
from an accident received some four or five
weeks previous. On Friday, May the 1st she
underwent examination before John S. Watts,
Esq, Justice Of the Peace. The testimony
taken before this officer we publish below
The people was represented by Judge Richard
DAILY, the District Attorney; and the counsel
appearing for the prisoner were N. Cleary,
ESQ.,, B. b. Harris, Esq, and S. b. Allison, Esq.
On account of the helpless condition of Mrs.
Whitney, and the representation of her physi-
clan of the mprudencc of removing her to the
Justices office, the investigation was held at
Mr.. Vandykes Saloon 1t commenced at hall
past eleven o'clock, A. NJ DR.. Clark was the
first witness called on the part Of the people,
who testified as follows:
J. l.. CLARK, sworn-says; On Tuesday evening,
about II o'clock just after entering Vandykes saloon
heard the report of pistol in the room of Mrs Whit
ney followed by scream, and an instant afterwards
another report and another scream. | Immediately
went into Mrs. Whitneys found it dark called
for light which was brought by Mr. Bigsby. Saw
Askns lying wounded and senseless, his head and
knees, on table, Immediately beneath the window In
the rear of the room Mrs Whitney was lying on her
bed Mrs. WIS and Askins' positions were parallel
and about feet apart, their heads pointing in OPP
posite directions these two the only persons in
the room don't know whether the back door can be
closed from the outside thinks no one could have got
out after the firing Of the pistol before witness entered
the room on my entering, Mrs. Whitney exclaimed,
" Oh, Lord, what have done - am Mrs. Whitney's
physician have attended upon her since the accident
occurred to her about two weeks ago to-day Mr. As
kins had gone into her and beat her and bruised
her arm at which time found her crying Historically
she sent for me to take him away the wound in the
head was the cause of Mr.. Askns death don't think
the one in the side was dangerous; think he was shot
from the inside of the room; was the first 10 enter
the room after hearing the report of the pistol.
| Cross Eramined.-Alter the occurcnce<wo weeks
ago. stated to Mr.. Askins that Mrs. W. could not re-
cover If he persisted in visiting her; she has fre-
qnently said she was afraid he would kill her and that
he bad 80 threatened her his abuse had aggravated
her wound on the day and previous to the shooting.
prescribed for and gave her Dovers powders; soon
after Mr.. Askins had beaten her demonstrated with
him; he said he was perfectly unconscious of having
abused her, and that at the time he was drinking.
J. W. ToRNEY, sworn-says On last Tuesday
night between 10 and IL O'clock heard the two shots
some minutes afterwards, saw Mr. Bgsby in quest of
Dr. Payne went to Mrs. whitney's room, and there
/ saw Tue uftti7tu HohuNtu 'aNhhh'" W A"'N'
Whitney, My God what have you donel" She re-
piled, she did not know Dr. Clark came into tle
room (wtness here described the position of Mrs.
Whitney and deceased); when entered the room,
Mr.. Harris, Mrs Whitney and deceased were the only
ones in the room; the morning after abusing Mrs.
Whitney (about two weeks before,) Mr.. Askins told
me he was going home TO Canada, and showed me a
letter; from what he said, intimacy between him
and Mrs w. had previously existed the evening pre-
vious to the homicide saw him pass into Mrs. WIS
room.
Cross Eramined.--At the time entered after the
explosion of the pistols, Mrs Whitney appeared very
much excited saw firearms in the room, and don't
know how the meetings Of Mr.. Aslins and Mrs. W.
came about, whether by appointment or not.
Mr.. BENNETT, sworn--says At the time Of the expo-
sion of the pistol WAS sitting in the Of the saloon
adjoining the room of Mrs. Whitney | heard two re-
ports heard noise in the room previous TO them
at first thought the pistol reports were from pistol
discharged by drunken person at the corner of
the house the street, and remarked to my com
panion /; l was employed by Mr.. Vandyke, and have
been doing work on his cellar have seen Mr.. AS
kins go TO Mrs. Whtney's room twice before he was
killed once was the day before heard no conver a.
ton between them he staid about half an hour did
not 90 into the room after the shooting, and heard
no screaming.
! J. SouMEILLAN sworn--says For two weeks past
| have been residing in Marposa at the time of the
shooting of Mr. Askins, | was tending the bar for
Weaver d Hite, at Winnings saloon; a few minutes
after the pistol shots fired, went over to Mr..
vandykes saloon, and entered the room of Mrs Whit
ney just as Mr.. Askns was removed from the table
upon another table the opposite side of the room,
at the side of Mrs Whtney's bed, saw six shooting
pistol examined it aid found two loads discharged
the other four barrels loaded; have spent most
of my time for two weeks at Mr.. Vandykes; recollect
seeing Askns once in Mrs. WIS room; it was either
last Monday Tuesday afternoon heard no conver-
sation between them; generally carry Mrs. Whitney
her meals and water; the back window through which
it appeared Mr. Askns had entered Mrs. Whtney's
room previous to the shooting had been nailed up
with boards two doors open into her room the back
door cannot be locked unlocked from the outside
on the evening of the homicide, ! took one of the
boards off to admit air into the room and before the
occurrence nailed it up again with two nails the
window was boarded to prevent Askins getting
through il from the way he had spoken few days