The Nevada Democrat. [volume] (Nevada, Calif.) 1854-1863, 1857-04-29

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him; when first noticed them l was about l25
yards off; saw Hays pass my cabin and go
over to where Stafford was working; 1 saw by
their motions there was dispute between them
about something, but was too far off to hear
what they said. / saw Hays pick up a stone
and raise it his head, but he let it drop and
jumped down in the ditch where Stafford was
working; saw they were ina scuffie, but they
went down out of my sight, and l then started
for the place. When got there saw Hays
strike Stafford about the face or head, and Stat
ford fell. Stafford said something about bet
ting before Hays struck him. / was standing
about ten feet off; Hays and myself were talk
ing when Stafford spoke about betting. Hays
then turned struck Stafford once and he fell.
Stafford made no resistance that saw. He
died about five minutes after the blow was
struck Hays Immediately started for town.
He made remark to the effect that Stafford
was not hurt but the next time he would give
him a black eye. sr. ef
Cross Examined. When first saw the parties,
should Judge from the manner Stafford was
gesticulating that he was talking; l could hear
Hays voice. but not Staford's. Mahagan was
then standing some fifteen or twenty feet above
them. When l got to the spot, the parties were
six or eight feet apart; they had just been part
ed by Stafford's partner. Stafford was then
standing in the ditch As soon as came up
Hays asked me If / had not seen him throw up
the dirt; answered that l had seen him work
ing at it. We talked together five or ten min
utes. We were then ten feet from Stafford
lit might have been more, or perhaps less;
think Stafford heard our conversation. That
was the time Stafford broke in, and spoke about
betting Hays made some reply. turned round.
went towards Stafford and struck him. Stafford
was standing with his side towards Hays as the
latter struck him. He struck him but one blow;
he was about to strike again, but Mahagan
rushed up and stopped him | had been stand
ing with my back towards Stafford, but as Hays
started towards him turned round. saw
Hays throw up the dirt; cannot remember the
time; II was sometime last summer, during the
vigilance excitement believe Hays dug the
ditch. heard Hays tell Stafford that he was
not satisfied with working the ground, but he
must also work the dirt which he (Hays) had
thrown up.
Stephen Ho,ces, testified substantially to the
facts sworn to by Butler. He was was working
with Butler, and noticing the difficulty between
Hays and Stafford went to the spot. Witness
saw Hays strike Stafford. and the latter imme-
piately sunk down; thinks Hays struck him
again but was not certain; left the spot two or
three minutes after, and thought Stafford was
about dead when he left. Haysstarted for town
Immediately; heard him say that Stafford got
but one good lick, and he ought to have had
three. Does not know that Hays was aware of
Stafford being dangerously hurt before he left;
heard Butler say that Stafford looked like
dead man, but does not know that Hays heard
the remark.
Drs. Hunt and Knox had examined the body
after DEATH as physicians, and testified in re-
gard to the cause of Stafford's death. The blow
was struck on the side of the neck at which
point the juggular vein and carotid artery lie
close together and near the surface. DIR.
Hunt had been called by Staffords friends but
the man was dead when he got to the spot. He
was of the opinion that some blood vessel had
been ruptured near the heart, as arterial blood
came out Of his mouth, and nostrils. Dr. Knox
had been called by the Coroner, and made an
examination of the juggular vein and carotid
artery Neither of these vessels were ruptured.
the shock to the nervous system.
Other witnesses we're sworn in regard to the
character of the deceased. He was about thirty
years of age, had little or no beard, and was ef-
Terminate in mind and body, and not disposed
to fight or take his own part. Some witnesses
swore that he was shorter, but heavier set than
Hays; others that he was taller and not so
heavy. Some stated that he was below the me-
dunn size, but one witness who seemed to know,
said he was six feet two inches in height. The
defense called several witnesses who testified
that Hays always had the reputation of being
peaceable man.
The evidence having closed, the jury were
cautioned in regard to talking with any one
about the matter, and allowed to separate. The
Court then adjourned till tomorrow morning.
THURSDAY, April %
This day was mostly occupied in hearing the
arguments of counsel. Col. Baker arrived in
town the evening previous, and made brilliant
argument for the defense. The Court having
instructed the jury, the case was given to them
little after five o'clock. and at six o'clock they
returned with a verdict of ''guilty of involunta-
ry manslaughter." The defendant was then
ordered into the custody of the Sheriff, and Sat
urday, at ten o'clock, was set for pronouncing
Judgement