Mariposa Democrat., 1857-05-06

explosion Of the pistol, and Immediately scream
and then another explosion followed by scream ex
amined and probed the two bullet wounds on Mr.
Askins person the one in the head was from bullet
entering the right occiput penetrating the BRAIN and
ranging forward and lodging on the opposite side on
or the frontal bone just the orbit Of the eye
the wound in the side caused by bullet entering
the right breast, the nipple, gancng around the
sterna bone and passing out the left side think
the wound in the head was the fatal one there
slight scratch on Mr.. Askns suppose it to have
been caused by the fall upon the table after he
shot Mrs. Whitney told me she did not know what
aroused her from her sleep that the light caused
by Askins removing the board, enabled her tc
see that some one was in the room that she asked
who there, and that she screamed before shooting
Cross Eramined.-The wounds could not have
been made by shots fired from the outside on the
evening and before the shooting, she had taken
some Dovers powders Dovers powders are soporifc
person taking them is liable TO be confused when
suddenly reused from sleep.
EVIDENCE FOR THE DEFENCE.
JAS. CooP, sworn-says: About ten days before
the shooting occurred about II o'clock at night, Mr.
Askns was at Mr.. yandyke's in the saloon Mr.. Van
dyke desired him to leave that he might shut up the
house he went off; shortly afterwards | heard a
noise of some one knocking on the back side of the
house supposed it Mr.. Askns heard the rattling
of window glass went around the house heard the
report of a pistol and heard Mrs. Whitney crying
three four minutes after went around to the real
of the house, Mr.. Kraft up and inquired who il
that fired Mrs. W. asked Mr.. Yandyke if he fired
he said no then entered the saloon and heard Mr.
Askins and Mrs. Whitney talking Askins went out
and wished to return she refused and begged him to
go away and go to bed said she would talk to him
/ in the morning if he was sober he got In the room
again heard her scream and halo murder she want
ed me to come in and see how he had treated her
told Askins to leave, and examined and saw how he
had broken the window glass and sash to get in the
room she or he opened the back door and lighted the
candle Askins said TO me, the best you can do i
to leave the y went TO Mr.. Sterling, the consta
BILE, to have him get a warrant TO take Mr.. Askins
away Mrs. Whitney showed me how Mr.. Askins had
torn her Clothes and said he had broken her leg over
again Askns heard what she said about tearing her
Clothes breaking her leg and his breaking the win
dow, and made no reply; once since have seen him
come from her room.
| b. b. HARRIS, sworn-says About three four
days before the shooting occurred at Mrs. Whitneys
request / called upon her she informed me of Mr.
Askins' treatment of her. and wanted to know If she
had cause to prosecute, and get rid of him informed
her that he could be prosecuted for assault and battery
and for breaking the window and referred her to the
District Attorney; she said Mr.. Askins few nights pre-
vious had broken, and with knife had cut through
her window and entered her room struck her upon the
face bruised her arm in several places, and injured
] 4. 1T Al Al. .agl - 4.
sired to have her she refused, and he beat her that
Askins had threatened her life, aud said she should
have him that she could have else, for II she
did, he would kill her that she told him she could
not have him any one else, because she not
divorced from her husband she said she was afraid
he would kill her that he had threatened as much
told the nature Of the threats, and informed her
she could bind him to keep the peace she com
planned that he annoying her told her would
see Askns, and him he getting into difficult
! ty, which would likely make him leave and go TO some
other place she showed me pistol, navy size six
shooter and said If she had had that, he could not
have imposed upon her in the manner he did few
nights before she said she would know by the morn
ing whether she would take legal steps against Ask
ns and asked me to call in the morning To learn
her intention next morning at about eight o'clock,
called as requested, and Madam Whitney told me il
was useless for to request Mr. washburn TO and
receive her complaint against Askins she said she
had learned he going to leave in few days, and
she would in this way be sooner rid of him than by
legal recourse did not hear the pistol fire, and know
nothing of the shooting of Askns except what learn
ed and saw after the transaction the first heard Of
it, was about II o'clock left my Office and went
.. f.. I 4
Mr. webber also in by the lower front door and
told me he had been down the street. and that few
minutes previous two pistol reports had been heard in
Mrs Whtney's room went down, inquired of Mr.,
Vandyke, in the front room whether any one had
been injured by the shooting he replied, go in and
see something TO that effect ; went into Mrs.
Whitney's room saw Mr.. Askins, Mrs. Whitney and
DIR. CLARK do not think any else was there Ask
ins was wounded and bleeding, and lying upon his
head and knees upon the table just at and under the
window | started towards him, intending TO place
his body in easier position DIR. Clark told me to
look after Mrs Whitney who tossing about in her
bed keep her quiet and not let her hurt her wound
ed leg, and that he would attend to Askins turned
towards Mrs. W.; she appeared much agitated she
exclaimed, " Oh Mr. Harris | am the most wretched
woman in the world why didn't they come when
called or this might not have happened" or some
thing to the purpose soon afterwards Mr. Tor
ney came in and changed the position of Mr. Askins'
body Mr. Soumeillan also came in the room | no.
ticed no weapon in the room and did not look for evil
dences of the shooting, because took it for granted
from the time Mr.. Webber informed me of the shots,
and acted all the time under the impression that Mrs.
Whitney had shot Mr.. Askns.
Mr.. BIGsBy, sworn-says At the time of the shoot
ing was in the bar-room of Mr.. vandyke's house;
just previous TO the first shot heard voice, supposed
to be Mrs whtney's, exclaim, who's this for Gods
sake who's this then heard the first shot, then a
scream, and another shot and scream twenty minutes
before this happened was in the room the window
was boarded and nailed up for several days previous
Mr.. Askins endeayorng TO see Mrs. Whitney
she repeatedly refused him; some nights previous
he forced himself through the window into the room
and beat her afterwards | saw the sash and
broken glass strewn the oor and her dress was
torn she said she was afraid he would take her life
three evenings before he shot, when he was told
she refused to see him. he said he would make this
town warm place for her the night he broke into
the window and beat her, DR.. Clark ordered him of