The Nevada journal. [volume] (Nevada City, Calif.) 1851-18??, 1857-08-14
Trial of Butler.

On the 9th of September, 1855, at
Downieville, in Craycroft's saloon, Rob
ert Moffat was killed by David Butler.
The affair took place about nine O'Clock
in the evening, and Butler, in the ex-
eitement, escaped. He passed through
variety of thrilling adventures, till his
arrest about sixteen months after in Or
egon. After lapse of nearly two years
from the commission of the offense, he
has been tried and found guilty of MUIR
der. The testimony of the witnesses
on the stand was discrepant in many
particulars in relation to the circum-
stances of the case, explainable by the
fact Of excitement at the time, and the
long interval since it happened. 1t
seems that Butler was in the card room
of the Craycroft saloon, when Mcffat
came in, and accused Mexican of be-
ing thief-one of band who intended
to rob his quartz MILL The Mexican
denied this. Some of the witnesses say
Butler then spok up and said it was a
mistake-others, that Mofat asked if
any one in the room knew the Mexican,
and that then Butler replied, II have
known him long time, it is mistake"
or words of the nature. Moffat told
him he was not speaking to him, he
wanted nothing to do with him, OF any
of his ''kind''-one witness said any of
your band" one adds the words " /
don't know that you are any better
than he is" Mofat was leaving with
an express intention to have the Mexi-
can arrested, when Butler said, 'be sure
he is here when you get back" Moffat
said, Il don't know that you or he eth
er will be here when get back" Wit
nesses said Moffat spoke loud and quick
as he usually did, and stranger might
have thought him irritable-and one
witness for the prosecution said he
thought from his manner there would
be a fight. Moffat started for the front
saloon. Butler said II wonder what he
meant :" Then "the next time a mar
talks to me in that way I'll whip him.
In few minutes he went into the sa
loon. walked to the bar and drank with
Mr.. Retiker, and asked "who is that bic
shoulder striker" referring to Moffat
who was talking again in a loud tone te
the Mexican, with ring of men around
him. Retiker says he told him he was
no shoulder striker, but miner who
had been there since 80, and Butler
seemed satisfied. Butler then went where
Moffat was, took his place in the ring
near the bar, and looked at Moffat, hi.
hands crossed, and one resting on the
place where he afterwards took the PTS
toll from. Moffat looked over his shoul
der at him, and asked him who he was
looking at. He replied, II am looking
at you" M.-"You are wasting YOU
time" B.-"I have nothing else to do
M-"You are in luck" Some othe,
such bantering remarks were made, diff
ferently related by the witnesses, wher
Moffat said, al don't want anything tc
do with you or any of your kind" and
one witness for the prosecution adds, 81
know you of DID," Butler had let his
hand drop by his side when Moffat first
spoke to him. He now drew his pistol
an eight inch Colts, and struck at Moi
fat, without hitting him, Moffat stepping
back. He made a second blow, Moffat
receiving it on the arm. Moffat then
advanced on him. Here the great diff.
ference between the prosecution and
defense, and the various witnesses fol
the prosecution occurred. Two witness
es for the prosecution said Butler then
elevated the pistol, himself erect, and
fired it at Mofat, from his right hand
stepping back as Moffat advanced to
grasp it. Two mea say he was recum.
bent, held it in both hands, down at an
elevation of the waistband, stepping
back as Moffat advanced. The other
witnesses of the prosecution did not see
this part of the affair, or say Moffat
might have had hold of the pistol when
it fired, the parties were near enough
but don't think he did. Some say thew
were four and some as high as ten feet
apart. Two witnesses for the defense
swore that Mofat advanced after the
second blow, grabbed the pistol, Butler
stepped back step. jerking the pistol
and it went off at the instant. The ball
entered in the right side at the seventh
rib-about three inches from the navel
Moffat put his hands on the wound
was supper ed to chair, and Butler es
MoGot IL Al.