The Placer herald., 1857-02-28
TRIAL OF
J AC X PHILLIPS.
u ELL


The general interest manifested in this trial
induces us to publish tie testimony in full.
That of MIR. Paul, Deputy Sheriff of Calaveras
County, and Juan Fernandez, one of Bells
gang, give considerable information as to the
movements and operations of that company OF
banditti. The trial commenced in the Court
of Sessions Of this County, on Thursday the
10th inst, and the testimony concluded on
Friday evening.
We give below the testimony in the case. 1t
is taken from the minutes of the Presiding
Judge We are indebted to A. S. Grant,
Esq, the courteous Clerk of the Court, for the
labor of copying the testimony:
Names Of the Jury.
Hank j. Marsh, VIM. Hampton, John
Gwynn, Wm Blank, d. o. Sleeper, Benz
Pollard, James Teaff, John Lynch Seth
Speight, L. Cox, E. McKinstry, Jas. Baugh.
TESTIMONY OF DAVID LASH
Darm Lash Sworn-I was robbed on the
road between Auburn and Sacramento; it
ID miles from Auburn two men robbed me,
one was larger man than the other ; the large
one was over six feet high, broad shoulders,
light colored hair; he was slim made; they
were mounted large man rode a horse poor
in flesh, it was large size sorrel horse the
horse was lame behind the other man was
small size thick set man; had some whiskers
| remember that he had whiskers he rode
= inn Il
order; first saw them on the road between
and o'clock; they presented pistols to my
head and told me to stand and deliver and
give up my money; ! answered, you shall
have it the large man then took my horse,
and the small man rode behind me, and order
ed me to go with him into the bushes; they
took me one.half or three-fourhS OF "A mile Oft
the road; after got there, they oyerhauled
my things; they then asked me how much
money | had, and Bell put his hand in and
he counted it and said it was right ; the value
of goods they took was $500 or $500; they
took 30 or 40 yards of black silk, embroidery
collars, &c. Qot goods shown jury, which wit
ness says were like them taken from him J
they took my horse, saddle and birdie; my
horse was a roam colored horse, and was good
die it had hooks on the side, to put ropes
through; they tied me to tree ana told me
TO stay there till after dark and then | could
get away; they then went out OF my sight ;
the small man came back to me and said, Did
not tell you to stay until dark; l sad |
guess it is dark the large man then came
back end told the small man to shoot me down,
he answered, he would not he then tied me
fo< <l,o tunn and ba
back and let me go; this was about 7 or 8
o'clock then heard the horses go off; there
was pistol fired while was there this took
place seven or eight miles from the Mountain
eer House the large man took my horse and
packed his coat on his own they took my
goods and the S4O0 away with them this
took place on the 25th July, Sc; | was going
to Sacramento | was alone | don't know
which way they were travelling they both
had pistols and presented them.
TESTIMONY OF r. H. PAUL.
r. IT. Paul sworn-I reside at Campo Sc
co, am Deputy Sheriff of Calaveras, | know
defendant, first saw him at the Mountaineer
House, had conversation with him, 1t was
on the 29th Sept. last, it was in the night at
his house, | went there alone and walked HIM
up and called for something to drink, closed
the front door and told him to close the one
behind the bar, then asked him If there was
any one who could hear u.s. he pointed to the
ceiling and said talk low, there are people
slesping up stairs, then gave him a marked
bullet he looked at it and said where is Tom
told him did not know | had not seen him
told him got the bullet OF Spanish John
told him that Bill White and Spanish John
were arrested, and that had been under ar
rest and he Spanish john had given me the
'bullet to come and get some assistance to try
and get them out of Jail. Defendant asked me
when and where Spanish John and Bill White
was arrested, told him, then asked him
where Tom Bell was, he said he had not seen
him since he went south, ] told him White
was sent to States Prison, he said they couo
not keep him long. lie asked me my name
told him it was Bill Gleason. told him
had partner in this section of country nance
Tom Jones and asked him if he knew him, he
said he did not and asked me to describe him
described man and he said he did not know
him from description, | told him he was either
in Auburn or Nevada, and | wanted to see
him for he had some horses and money and
was hard up, he said he was hard up himself
ne had just paid out $500, and did not have
any money then, but if | would come there
when came back from Nevada and | couo
not find my partner, he would give me some
money to 60 south with, l told him | had
promised Spanish John to find Bell and was
determined to find him, he then asked me ii
knew where to 60 to down south, told him
did not, but that could find it. He asked
me if knew the name to enquire for, | tolc
him it was Farnsworth, he said that was right
lie took down q card from behind his bar ol
3 shelf and showed it to me and asked ii
knew that name, L told him | did not, the name
was L. E. Cushman, he told me that man by
sfhat name came there looking for Tom Bel