Oroville daily Butte record., 1857-02-27

Green was saying this, prisoner lett MS seat
upon the counter, and went out at the front
door, drawing his pistol as he went OUT
prisoner stood two or three steps from the
door with his pistol Ga Colts Revolyer) III
his hand; Green stepped to the door, with
his left side towards where prisoner stood,
and said to prisoner "Come into the house,
what are you standing out there for = =
About the time Green said these words
prisoner raised his pistol and fired at Green
Green raised his right hand convulslvely to
his left breast, and stepped out OF the door;
several shots were then fired; (some wit
nesses say two, others three our four, but
none testify positively on that point;) some
OF those in the store then went out ana
found Green lying on his face, some twelve
or fifteen feet from the front door. Green
was taken up and carried into the store,
where he gasped once, and was dead. lie
was found to have received a shot through
the left arm, passing in front of the bone,
and entering the left breast just below the
nipple; also another wound on the back
part of the head. A pistol supposed to be-
long to Green, was found near the spot where
he lay outside the door, with some three Of
the barrels of the cylinder exploded.
4 few minutes after Green was carried
into the store, prisoner returned aud stood
inside the front door, asking if " any one
there wanted to shoot him." Some one in
the back part of the room replied no. and
prisoner retired, and started up towards
lombard & Co.'S store on his wny up, he
overlook Mr.. Levitt, one of the witnesses,
and asked him if he g had hit him :" MIR
Levitt said, " did you shoot at him :" prs-
oner said yes" Mr. Levitt asked him
" how many times !" prisoner said three
times" Mr. Levitt then said, yes, you
have killed him--he was lying dead in the
store when you came in;' prisoner then
said, we'll, had to do it," Prisoner then
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 afte, Portuguese WeW up
to Rodman & Hunters store, he (Grecn)
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 bat little to do with the issue, and was
excepted to by the counsel for the State A
pro fo,ma ruling only was made by the
Court. and the testimony closed at six
o'clock, y. NJ Court then adjourned tor one
hour. From the commencement of this
trial, our Di trict Court room was crowded
with spectators, anxlously listenins to the
testimony
At the convening of the Court at : o'clock,
every seat was occupied. every aisle filed,
besides many who were invited by the at
torney to take a seat inside the b0r, to lis
ten now to the arguments Of respective
counsel
District Attorney klene 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, VINO assisted
the District Attorney. The counsel occu
pied from an hour and five minutes to an
honr 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
25th) the Jury came into Court and rem
dered the following verdict.
In the cause OF the People of the State
California VS. William Miller, we, the Jury
find the dctendent GUILTY OF MURDER or
TIE SECOND DEGREE" The Jury being
pollcd 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
(fcb 26,) for sentence.
At 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
" 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. I'll tell you all about it Just
before the firing, when was in the store,
some Of the Portuguese were tearing the
shirt Oft Of Chevalier; Chevalier said to me-
run, he is going to shoot you | had
inst time to got out, when Green came to
the door, toward me, with his pistol in his
hand; | then shot at hAu, aad ran to the
corner Of the house; we then exchanged two
shots apiece | fired three shots in all.
The prisoner having notsing 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
dew 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 hard iGdOr,
~ the State Prison of the State Of Caitor-
MIA, for the period Of II years, from and
after the 26th OF Feb, A. ID 1857 to this