Butte record. (Bidwell, Butte County, Cal.) 1853-1858, 1857-02-28

made his escape, but was afterwards ar
rested
1t was also proved, on the part Of the
State, that the pistol which Green had was
one very much out of repair, and that, be-
fore he and the after Portuguese ,cent up
to ROdndn s. Hunters store, he (Green)
had fired off some three or four barrels of
his pistol, and had not reloaded it again.
Drs. OBrien and Vrooman were called on
the part Of the defense; but their testimony
had but little to do with the issue, and was
excepted to by the counsel for the State A
pro tOrma ruling only was made by the
Court, and the testimony closed at six
O'Clock, P NJ. Court then adjourned for one
hour. From the commencement of this
trial, our Di trict Court room was crowded
with spectators, anxiously listening to the
testimony
At the converting of the Court at o'cloc =.
every seat was occupied. every aisle filled
besides many who were invited by the at
torney to take seat inside the bar, to lis
ten now to the arguments of respective
counsel
District Attorney Kleine opened the cause
to the Jury on the part of the State, followed
by Messrs. Granger and Harris, and the
cause was closed by Mr. Wells, who assisted
the District Attorney. The counsel occu-
pied from an hour and FIVE minutes to an
hour and twenty-five minutes each !; and,
under the very able charge of the Court, the
Jury returned 45 minutes past midnight to
deliberate upon their verdict.
At 10 O'clock, A. NJ. of the next day Feb
23th) the Jury came into Court and rem
dered the following verdict.
9 In the cause of the People of the State
vi,
find the defendent GUILTY or MURDER OF
THE SECOND DEGREE" The Jury being
polled, all answered that the same was their
verdict.
The prisoner was then remanded to the
custody of the sheriff, to be brought into
Court at 8 o'clock A. NJ the next morning
(Feb' 26,) for sentence.
AT 9 o'clock A. NJ. the prisoner was
brought into Court, exhibiting no signs of
emotion, either of JOY or sorrow; and ON be-
ing asked by the Judge if he or his counsel
had any cause to show why the sentence of
the law should not be pronounced against
him, the prisoner remarked to the Court in
substance as follows:
g No, sir, | have nothing to say, only that
am innocent of the crime There has been
false swearing against me on this trial
Mr. Levitt is the only witness who swore to
the truth. III tell you all about it. Just
before the firing, when l was in the store,
some of the Portuguese we're tearing the
shirt off Of Chevaier; Chevaler said to me.
run, he is going to shoot you" | had
just time to got out, when Green came to
the door, toward me, with his pistol in his
hand; then shot at him, and ran to the
corner of the house; we then exchanged two
shots apiece. | fired three shots in all.
The prisoner having nothing further to
say, the Court proceeded to pronounce
SENTENCE.
"Mr. Miller, you stand convicted by a
jury of your country, Of the crime of muir
der of the second degree. You are, there
fore, sentenced, as the judgment of this
Court, in accordance with the verdict Of the
jury herein, to confinement, at hdrd labor,
IN the State Prison of the State of Califor-
MIA, for the period of q years, from and
after the 10Th of Feb, n. D 1857 to this