Oroville daily Butte record., 1857-10-30
ExamiuatI atIou OF DoIan.

Examin alton OF DOIan.
The evidence elected at the examination
of Dolan. yesterday, was in effect about as
as we before related the particulars of the
affair.
Charles Nelson, (constable) swore that he
had known the parties about two years
Went to Sharkey's cabin ON Sunday evening
to arrest Patrick Burns, against whom Do
Ian had sworn his life. Went in company
with the defendant lie volunteered to show
me the cabin. Went into the cabin and ar
rested Burns. and while reading the
warrant. heard pistol fired, and o moment
after, heard Sharkey say he was shot. Heard
deceased say that Dolan had shot him
Did not see the pistol fired. Did not see the
defendant. Saw gun and rifle hanging
over the fireplace 1t was after dark -
Burns made no resistance to the attempt to
arrest him The door was open, and the
wind blew the light.
Another witness whose name we could not
hear, swore that he was in the cabin, heard
the warrant read, and saw Dolan shoot Shar-
key. Heard no conversation between the
defendant and deceased before the shooting
Old Mr.. Sharkey, the father of the de-
ceased, was next called to the stand. lie
was evidently much excited and in great dis
tress at the loss of his son. His testimony
is substantially as follows:
was sitting at the table writing when
the constable came in. My son gave his
seat to the officer and went over toward the
fireplace. Twas facing the door. The wind
was blowing in, and my son went to shut the
door. The defendant was standing outside
the cabin with his left hand resting against
the door.post. The deceased tried to shut
the door, ard then turned into the cabin,
when Dolan fired My son cried out that he
was shot, and | ran to the door to seize the
defendant, but he pointed his pistol at me
and warned me off. called to one of the
boys to take the gun and shoot Dolan, but
he was afraid of the latters pistol, and Do
Ian succeeded in getting away unframed.
The evidence being concluded, the defend
ant made a statement which was as append
ed:
My name is John Doan; am between %
and 30 years of age; reside at the head Of
lloncut Creek near Robinson's Mill; have
lived there three months; | am engaged in
mining. Sometime since had a dispute with
one of my partners whose name is Barney
Gallagher. The Sharkeys sided with him,
and from all l could hear and learn they
were my bitter enemies. When | found such
was the case told my other partner not to
have anything to say to them, and that if
they would let me alone would not trouble
them. Last Sunday went to Natchez to
purchase some provisions, and while i'll Lam
bert's store, a man named Pat Burns came
in. and in the course of a dispute he drew
his pistol on me, which believe John Mon
day took from him. | attempted to draw
my pistol, but it was taken from me- After
this, Jimmy Sharkey came in and abused
me. | told him didn't want any difficulty
with him. Mr.. Lambert kept me in his store
until Burns and the Sharkeys left. went
before Justice Peyton, and swore my life
against Burns, fearing he would shoot me.
Judge Peyton deputised Charles Nelson to go
and arrest Burns, and as he said he didn't
know him by sight, volunteered to 60 with
hirn and point him out. My road home was
right past the door of Sharkey's cabin. Af-
ter the constable went in the door was open,
and | stood and looked in. Edward Sharkey
saw me, came and made an effort to shut the
door, which prevented him from doing -
He turned from the door, went toward the
fireplace, and was reaching for one of the
guns, when shot at him.
Doran was committed to answer a chage of
murder in the first degree.
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