The weekly Sierra citizen., 1857-08-15
TRIAL OF DAVID BUTLER.
FOR THE MURDER or
ROBERT MOFFAT!

ROBERT MOEEAT!
u6k rrs sras rouxrr.srn JUDICIAL 6ls-
rRcr, At AsvADA, AUGUST 10, 1857.
(ksported expressly -sOr the Sierra cst.en)
full Report Of the Trial Of DAVID Butler, indicted
for the Murder of ROBERT MoFFA Downievlle Sierra
County, California on the evening of the 27th day Of
September, A. D. 1855. Cause transferred to Nevada
County upon change Of venue and trial commenced
Before the Honorable Niles searls upon Monday the
10th day Of August, A. D. 1857:
Counsel fo. the People-John J. Musser, Esq, Dis
trict Attorney of Sierra County, and Wm Spear Esq,
of Downicville.
VIM. F. Anderson, Esq., District Attorney Of the
County of Nevada conducted the preliminary proceed
ings far to include the empanneng Of the Jury,
from which point the cause was prosecuted by Messrs
Musscf and Spear.
Counsel tor Defendant nt-wm, n. Stewart Esd. and
A. A. Sargent. Esd. both Of Nevada.
Last ar j,.,or.Y Frery, Stephen Robinson, ]. c.
Howell Martin 10y, William Brown, John Dunn, u w.
Murphy; George Peabody, John Walters E. W. Hollo-
man, John BndicJt, ana y. r. Marshall
mcnt was made BY J. j. Musscr Es, who rehearsed the
substantive facts connected with the alleged killing in
clear and ineligible manner, and then introduced the
testimony upon the part of the People, Of which the fol-
lowing is full and almost literal report
Francis Mbntro1 reside at Cos Bar in Of
@ defendant David Butler have him occasionally
the year 1883 sa him eauen 1854. him last
the week after DARK Upon the day Of the killing knew Robert
n s with him @ him
and Moa were standing together when them Butler
they only three four feet apart when Moa talking to
Mexican named Joe Butler eyng Moa very closely Moat
replied nothing else to Mont told Butler
sa he ibid 5 Ss s sna s to do with
related had Butler drew his pistol Moa who
s hs as a
pistol was an eghnch Colts rsvolvsr think Butler struck Mof
feet @ o% & M0ss e. when hs at enough
going Butler whilst he was striking at him Moat had
nothing his hand during the time the dcuy Buerand Mo
a were not more than five feet apart when the shot
do not know precisely when the cooked by Butler only
one shot was Butler held the pistol his gh. hand
shot given the ball took eecn Moas breast
Ia Belle esauan went out with Butler
Butler had his revolver in his hand when he out
Butler up to the United States hotel and then
which was crowded with people the saloon
wards the billiard tables of which there the
time.
vile on that evening" occaoned by the Walker the
jal {. Moat vas man attracted him
closely when he in from the cara Moa him
qo snssins ss 20
he and cahed together an active part in
this prosecutions the only have spent paying my
'as @ and % hsn suss s rS
deavorng to get from him Moat large
Of ss ss % se
whether or not Moat got hold Of Butler during the dcux
Butler drink once twice during the evenings say we
e he was Intoxicated at the time Of the ARRAY after shooting
him and ran after Bse orsN ms cried
ci Rssanued- shasr was trying to catch Butter
could ten he trying rush Butler on not act like
he s o. a keen run up the
address no passion OF
feeling Butler had his hand his revovef when he
card % room and stopped near near Mofat:
Cross E.amnaon Resuned-Tlere have been something
thqfI 6nof hufT
o M aea og 1 a can rSn aSn % ha Was more n
whether the moon was shining the night Of the killing.
GasS,gs BqoI live at Dgynieyi Sierra county State
now presented to which a representation aycro
Jury minute description Of the diagram, which deemed
L. Godey~i have lived at Forest City for three wears Was
in Downevi the evening of the shooting question:
Meat the deceased him at
some sporting there at that
Moat then went into the front and in minute
the Of falling he and Butler quarreng violently in
the killing occurred Thursday evening" about
his out the front Immediately after the shot the
prisoner at the bar is the Butler Of whom speaking
years age Rper twenty or twenty-five pounds lighter
Moaa Buer out Of the card room
Immediately and not than minutes after the former
diagram ss'ssssi sl a. 'snSr sr
evening Moa; was about eight feet from the
counter unite. Then @ the the shot was fired
do not knoy how the Quarrel between defendant
Se assa S beT sad in
would probably consider him irritable man. Judging by man
Chef Resaued- Moas had said to Butler on that occa
ready for him then time think
John BarreI reside the town of Centreve county
aG ses ans
tsa .sd% !. the =. Mss
who bag Spanish woman dealing monte abouttwo
n 81 sa a s % u him Ssss
1op6ers thowere tendas to rob bis Quartz Bde
Yss s s on % .nS nau
him he be here when back !" Moat
said Butler May be won't be here either when come
back Moa then the and
Butler said that none of Moats kind could make him av
know you are the man, or Il am not snre
are the man not the man. have nothing
then from toward bari looking Nofat all the
time during the last conversation between Mo and Mexican
rather behind or Butler when Mo
stopped talking to the turned
looking att when Butler dropped right BY his sde
Du'er @ a said ~ am looking at you" noat replied should
else to do now Moat said You good moth
any hohor man to have anything 70 With
you Butler then drew his pistol think he
a. bis Ts p ne r.:
vover Isaw NO weapon in Moas
saw Butler running up the North Fork
M the en .s ns sd. sd leaning a
the blood upon Moa have rehearsed all
h h pistol but not what part person. There
another man running away with BueI say
the before Butler Moi
e & saser man than Butler had Butler little while
'tood near Butler at'the time Of the shooting.
into C7eo Saloon on the evening Of the shooting and
anu tne MEXICAN talking heard Moat to him, ~