Oroville daily Butte record., 1857-07-15
Communicated.
Edward LLOYD.

and tending to prejudice the community unreasona'
bly, against Loid That il was most unfortunate
affair no one doubts but that il was done upon Inc
excitement of the occasion, without malice afore-
thought the testimony can scarcely fail TO convince
every unprejudiced mind. The testimony upon the
Habeas Corpus examination before Judge Lewis is
very clear and the following abstract taken down al
the time, in justice to all parties ougAt to he pub
lshed 1t is all the reply wAch The friends OF Loyd
ask to be given TO the unjust article aforesaid against
him in the North Califoruian
DR.. McGuhe showed that the deceased tGes
Thornton) came to his death the 5lli day OF july
last from gun pistol shot wound The pan enter
ing on the right side and passing through the ooiy
Mr. I.athrop was at the Bank Exchange IN TINS
place. the night of the 4th. and saw the dilcuy
between Lloyd and Thornton there about ~ o'clock
at night. Saw LoVd come and sit down near morn
iou, who was sitting by The table where witness was
Lloyd and deceased conversed together-'had good
many wOrs--they arose 10 their feet at the same
time. witness also sprnging To his feet at that mo.
ment. Witness heard the tumher strike and heHrd
the report of the pistol Immediately u,er. Presently
saw another iumbler thrown b. The deceased TO-
ward Lloyd. The motion 10 draw the pistol Il sup
posed) was mpde before The tumbler WAS thrown. |
saw but two shots fred--heard the third one. | did
not pay particular attention To The conversation be
tween Lloyd and Thornton. Heard LLOYD say To
Thornton that he had beaten him once and he VoYdl
Thornton TO stand up to fight. Heard The words
''liar' used by and coward" by the ether. Saw
thornton slip his hand along the table for ihc crib
bage board before rising aud he seized two um5lers
and rose with them one in each hand. THIS occurred
in the Bank Exchange in Butte county.
Cross s-Examined-T was sitting at obiong
square table--deceased was sitting near the same
table IN a chair. The first saw of Loyed was when
he came and sat down by my side. Loyd's remarks
were mild when he commenced Enthusiastically
So ! could moi say which nrose first; myself, Lloyd
and Thornton arose simultaneously. Heard Lloyd -
he arose call something or speak to some person.
think the pistol was drawn as he was rising kept my
eye upon him. LD'd said "you call me "A d-d son
of bitch" and sprang back from the table The
tumblers were thrown in quick succession saw two
of them thrown. Deceased was not sho; 10y the first
bali; that fred into the ceiling DO not think saw
the first tumbler thrown,
BY tie Court--The tumbcr was thrown frst-aiter
the first pistol fred another tumbler was thrown
Mr. ,res.-l saw the difficulty. | called Lloyd.
who was standing by the counter with another man,
he came and sat down on my left near ThoruJou.-
Spoke TO Lloyd apoW II former d,ffcuuy he had tbat
day. In the conversation with me, LoNd turned and
said ".nere is The only man that ever whipped me-
pentffg 10 Thornton, and asked Thornton II il was
not 50. Thornton replied that he believed il vas
Lloyd then said, 81 have grudEe against you. lhorn-
ton, ever since. for yuu took me1E adNdtallNge Of
me, when Was sick from chill. and fever" aud he
asked Thornton il be thought he cUuid whip him
now; said that he wCuld like tO have Thornton come
out and have a 'air stand up fight Ihufat0n replied
he was not on the fight then. that Il anybody would
strike him he would fght. Lloyd replied. Eyes you
are like all cuwaris. they want 10 be struck frs"
and asked him II he would stand Up thornton said
"you needn't wait for me 10 GET rcady-pHch in--I
am always ready" and he men slipped his hand
along the table stealthy and got lao of the crbhaGe
board and partly raised up Lloyd said, ''dOht throw
the tumbler, You son of a btch.N Thornton rose
with tumblers IN his hard, and threw AT Lloyd, who
rose at the same time; the tHmber struck LoYed on
the breast before the pistol was fired; the Gmbler
did not break til II struck the ground.
Cross Examined u do not know long Loyd had
been in the room before called him; he did no.
come TO the table till called HIM twice. COM
menced the conversation first myself ii was not
particularly in good natqred manuer, nor by any
means In an ugly manner Think Lloyd arose H little
first; directly when he got on his iee he sad "dVu
throw thai tumblcr you son of "a bitch" was about
Tia rec feet from Thornton aud about five feet irJm
lloyd when the first tumbcr was thrown. Did noL
see the pistol drawn AZ that time. do not tnini it
was drawn.
BY the Courtroom the character Of the convcrsa.
ton did YOU think he wai ted 10 fight any other way
than with the fist? did not think Other wise
Mr. Hmmel -Between and 10 o'coch on the
night OF the 4h was sitting at n table in Bank EX
change with Mr. Lahrop: deceased was sitting there.
Lloyd came and sat between Mr Lathrop and de-
ceased. When they convcrscd thought they were
in n joke. Lloyd said, YOU whipped me one--l was
sick then-can you whip Ine now? Deceased re-
marked he was not on Il fight. Defendant said "you
are cowardiy son OF bllch." At that both arose;
they arose; thornton when he arose pat hrs hand
against defendant ana pushed him back. Thornton
then thre w the glass, eXcianing. you ID Irish son
Of biich." When The glass strucN the defendant the
pistol went Off and went nearer Lathrop than Thorn
ton the bail lodged in the window frame The pistol
was not drawn when the first ttumblef was thrown.
Cross Examined.-l was nearer Thornton than La
throp was. When defendant put his hand across
himself he was standing; ke end deceased were
facing when they arose, their heads within loot
of each other. Deceased had the criGbage board ia
his hand just before he arose; was using 1t and no.
ticed 1ornton take hold OF it, think he lhreW it when
he was standing up.
Witnesses examined by defense;
MIR. Lynch.--Was tending bar nj the Bank TX
change when the difficulty occurred WAS standing
behind the counter when Thornton throw the tumber
which struck Lloyd on the face Thornton throw
three glasses, two before the first shot fred; he
had two tumblers in his hands when he arose; after
the second tumhler was thrown the pistol fred ; tie
second tnmble- struck Logged the left hand, he
threw up his hand toward his breast 10 ward of the
blew. Here the defendant held up bis left hand al
the request OF the Court, where there Is deep
wound on the back near the left side evidently cut
by the second tumberl J saw distinctly the defend, q,
ant when he drew the pistol: il af,er the second
tumbler struck him. He then drew and the pistol
went of at random into The ceiling Deceas ri ihen
lhrew another umbler near The pillar.
Ihos. ford.-Saw the difficulty: saw two tumblers
throwh % Thornton strike Lloyd, then be Grew the
pistol One OF the tumblers struck Lloyd on tho back
OF the hand, as he trying to ward II the m hlers
Mr. Murray Saw The diiculty-saw two or three
tumblers thrown; could not say how many bui i, was
two or three, before the pistol fred.
MT Doud.-Saw the dIficaty-saW something
supposed 1t 20 be a tumblrr, hit Lloyd on the hand
before The pistol was drawn.
Mr. Malef.--Whs bar Keeper at the Bank Ex.
change when the difficulty occurred. Saw Thornton
throw three iamolers stood behind the counter at
lhslt N ILaH frs. lt,,