The Nevada Democrat., 1857-10-07
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The case of Charles Davis, indicted for the
murder Of Louis Miller, at Humbug last July,
was taken up In the District Court yesterday
morning The trial jury having been empan-
nelIed, the indictment was read by the Clerk,
and the plea of mot guilty. entered. Messrs
Churchman and Musser appeared as counsel for
the accused. The District Attorney having
stated the facts he expected to prove, called
the witnesses for the prosecution.
Ellen Miller, daughter Of the deceased, Louis
Miller, testified that on the 26th Of July Davis
asked her father to allow her to go to the cir
Gus that evening. Miller refused to let her go,
giving as a reason, that she had too much work
TO do. During the conversation. Davis told
Miller he was a coarse mean man, and struck
him. Miller then struck Davis, who ran cut
doors, followed by Miller, who picked up two
stones and threw one Of them at Davis. They
then got out of witness sight, and short time
afterwards she heard the report Of pistol, and
shortly after saw her father coming back with
his hand on bis side. He fell Immediately on
getting to the house, and died in twenty-five or
thirty minutes. Witness saw no weapon either
in the hand of Davis or her fathers. Miller
kept public house, and Davis was in the habit
of taking his dinners there. The conversation
between Miller and Davis took place in the bar
room, and the ARRAY happened between sun
down and dark. Two pistols were hanging in
the bedroom of the house, near the bar, but
witness was confident her father did not get Ell
thcr of them.
W,n. Scott, blacksmith, residing at Humbug,
was acquainted with Louis Miller, and the de-
fendant Davis. On the evening Of the goth of
July, witness saw Miller and Davis coming down
the road towards his shop, Davis ahead. Occa-
sionally they would stop and talk. and then Da-
Wis would start on and Miller follow him. Mil
Ter spoke in German, and Davis told him to
speak in English so be could understand him.
Miller then ran close up to Davis, and drew up
his hand as if to strike. AT this moment wit
ness stepped one side to get out of the way,
and while his eye was turned from Davis, he
heard the report of pistol. Miller then put
his hand on his side. and turned and went back
to his house. Witness saw no pistol in Davis
hand either before or after the shooting; tho't
Miller had something in his hand, but couldn't
tell whether or not it was pistol. Miller was
shot in the right side and died in about half an
hour. Davis then spoke and told witness thai
he had seen everything, and that he [Davisl was
going to give himself up In answer to ques
ton by the Court, tho witness stated that he
could not tell from what he saw whether or not
Davis fred the pistol
Mrs. Miller, the wife of the deceased, testified
to substantially the same facts as were sworn
to by her daughter. She stated that when Davis
went out the door, he told Miller to come out
aud he would shoot him. Miller said he wouldn't
shoot but would fight him. Miller told Davis
he would drive him through town where there
were more people, and went out after him when
Davis run, and shortly after she heard the re.
port Of pistol. Her husband came back soon
after mortally wounded.
Several other witnesses were sworn for the
prosecution, but no facts of Importance were
proven which are not included in the testimony
of the first three witnesses. The evidence fol
the prosecution was concluded about o'clocl
last evening 1t is said that the defence have
witnesses to prove that Miller had pistol il
his hand at the time he was shot. The tria
will doubtless be concluded to-day.