The Placer herald., 1857-02-28

The cloth in which the goods were packed is
the same as that now before me, package OF
goods exhibited to witness-witness picks out
goods and recognises most of them as being
the same seen by him, with slight differences J
The roam horse and brown mare were put in
the stable by Bell The goods were opened
up stairs in defendants house the Mountaineer
House, some or miles from Auburn Mr.
and Mrs. Phillips were present when the
goods were opened, also, Tom Bell, Bill White
Convery and myself. There were two other
persons present that belonged to the house.
White opened the goods.
q. Was there any conversation between
Bell and Phillips concerning these goods?
Question objected to by defendant -objec-
ton overruIed. Defendant excepts to what
Bell may have said.
A. There was. After they opened the
goods, they told Phillips how they came by
them, Bell told him. He said they had
found pedlar on the road, that he told n ed
Conyery to go and stop him. that Convery
obeyed his orders; that he, Ned Convery,
told pedar to stop. After he had stopped
Ned asked him for his money, that after he
gave up his money, they took him one side of
the road and took his pack off his horse They
took some of his goods and tied the man and
told him to stay there till night and that they
would come and unite him. Then they rode
OFT One of them dismounted and turned back
to see if the man was loose-tound he was
loose and came back and told Bell he was
loose. They both went back and tied him
again hand and foot. They tied his feet about
a foot apart, so he could not walk too fast.
This is the conversation that passed between
them.
All this conversation was objected to by
defendant.
Bell was also making fun of Convrey for
shooting at the man aud not to hit him, this
was also in presence of defendant. They said
that they tied him the first time so that he
could walk, and walk slow. They said that
they left him about or 5 o'clock. They said
they took $3.50 from him. Some of the goods
were given to Mrs. Phillips in presence of de-
fendant. These were 3 pairs ladies shoes, ,
belts, l ladies collar. (Witness picks shoes,
collar, chimsettes, etc, from the pack in Court
like those taken 10y Mrs Phillips) Ned
Convery took the balance Of the goods away.
A pocket handkerchief was given to another
man in the house. | knew what was done
with the money. $50 was given to Mr.. Phil
lips. Bell and Convery each gave S25,00 to
Phillips. All four OF US started that night.
Went to the Hog Ranch on the road from
Sacramento to Nevada. Returned afterwards
to Phillips again. | knew of the stage rob-
berry on the Camptonville and Marysville
road 1t took place on the l3th August. They
went from that place Hog Ranch, on the llth
August, from there to defendants on the 10th
They stopped at that time back of defendants
field about or hundred yards from the
yards from the house. Staid there about two
hours. Defennant brought us something to
eat in shot pouch he had a rifle on his shoul-
der We heard noise aud defendant made
a motion TO Bells party that somebody was
coming. Defendant then left. In a few mo-
ments a man came along. He remained about
20 minutes. We went back to the Hog
Ranch. A week or ten days after that time
we came back to defendants house, and re-
mained some 3 or days. We then staid
back of the field and slept there. White went
brought some. We ate at defendants house
once after the robbery of the pedlar, After
the stage robbery while we were eating in the
house, pistol fired in the road. We did not
know who it was tho't it might be officers,
and Bells party got up to go out OF the house,
but Phillips pushed us back, and said he
would first see if any body was around the
house. He came back and said nobody was
around the house and we all left. We were
Cnly at defendants house once after the rob-
berry of the pedlar, which was at the time of
the above described occurrence. On the night
of the pedlar affair defendant kept Bells party
concealed up stairs, was usually called by
this party John" am from from the city
of Mexico. Defendant gave Bell bullet
was present when it was given, it was in July
| think it was after the pedlar affair. This
was on account of letter Bell had sent to
Phillips by one of the Farnesworths, and de-
lenGant w2nld not take or read it, because he
did not know but it was a trap by the officers
to catch the defendant, but he gave him bull
let marked so that he could not be trapped L
saw the bullet. 1t has holes, creases, etc (l}uN
let in Court is like it, | told Paul of it, and
gave one to him like it, in the Sheriffs Office in
Mokelumre Hill. | told him after the rob-
berry of the pedar. Defendant told Bell that
some of the officers from Marysville, Mr..
K ing and others, and from Auburn, had been
to his house that their warrants were for
Tom Bell and Ned Convery. While stopping
back of the house of defendant we slept on
blankets Some of them were furnished by de-
lendant. Some were our own. When we
were at defendants house we were concealed up
stairs Defendant told us all the news. That
Strangers stopped there frequently with blank
cts, but he knew they were there for the
purpose of discovering whether Bell and par
ty were there. Tom Bell was known by the
name Of Tom Hodges in Tennessee.
Cross -Etamined.-I knew Tom Bell in Ten
nessee in 1850. We both lived at Rome, Ten
nessee He did not rob or steal then neither
did |. | first knew him in this country in
1852, he was then packing to Shasta. was
then working in Sacramento city, and con-
tinued there until the last of 1852, then went
at mining near Coloma where continued un-
til 1853. | then mined at Volcano until
1855. Do not know what Bell was doing
then. / then went to Sonora and staid five
months, then went to Jackson and mined two
weeks, then went to Sacramento city in Au-
gust '55, then went to Marysville Kept a
Restaurant in Marysvie nine months in com
pany with Spaniard named Phillips, then
went to Nevada All this this time did not
know what Bell was doing. | staid there
about one month. Went then to Jackson to
, mine, and thence to West Point. Staid at
10. l.t