Amador weekly ledger., 1858-02-27

exhibited and explained.
Philip Raspberry sioorn.--Lived at Union
Flat. and was present at the killing; employ
cd by Hostetter, and at work with him and De
Haven, building the fense; was setting posts,
so or 60 feet past the trail, when the diff.
Guilty occurred or commenced. Didn't have
any talk between Hostetter and Steventon,
but when Steventon was returning from the
spring, Hostetter said, "you see he drew
knife--that is enough" Wien Steyenton
came back from the spring and got close to
Hostctter, he drew his knife, said nothing,
and made the lick at the old man, with his
knife, striking him in the left side Liver
sage came up Just then. Hostettcr, after
calling attention to the fact that Steyenton
had knife. leaned over again at his work,
and was Just raising up when Steventon cut
him. Liyersage fired twice and snapped
twice
Crta Er.-Had some talk with Hostet-
ter about the first fight, after it was over; he
didn't boast about having whipped Steventon
didn't say S. was "cowardly son -" &c.
| haven't since said that heard Hostetter
say SO; | struck Stcventon with shovel
this was while he was fighting with and cut
ting De Haven. When Stevcnton cut Hos
tetter, II. retreated and Lversagc fred De
Haven and myself were old friends and part
ners.
FOR THE DEFENSE.
Samuel Chaplain, sworn.--Was living at
Steventon's house on evening of fight; at the
house when Liversage came there. ] started
for bucket Of water to cook supper; Ste
venton was sitting on bench outside of the
house, and remarking, "Sam, III go" took
the bucket and started. / had had my leg
broken last spring, was getting pretty well,
but still not well able to carry water; Ste
venton mostly carried it when he wasat home.
Heard the difficulty, looked out and saw Ste
venton in a falling position with two or three
men beating him; ran to his assistance and
helped carry him home Afterwards saw the
doctors take out several pieces of skull. Ste
venton kept a public bar room at his house.
He was sitting on bench outside when he
took the bucket and started for the water;
Liversage was in the bar room. Steventon
always bore good reputation as peaccable
and quiet man.
C,oss Ex.-Not employed as cook. Just
staying at Steventon's; not able to work since
leg was broken; generally went after the
water when Steventon was not at home
The fight was $50 yards or may be more,
from Steventon's house. Don't recolect OF
any particular conversation at the house just
before the fight; Lversagc said something
about not allowing Hostettcr to build the
fence; did not direct his conversation to Ste
venton more than to any one else. Saw two
or three men beating Steventon-think with
shovels.
Nicholas Leary, s,corn Was at my cabin,
200 yards from fight. Saw feuce going up
and knew there would be a fight; some dis.
pute about ground; saw both fights. Saw
Steventon go for the water; qnarreling as he
passed Hostetter; think he went to the spring
and back twice, Hostetter's party quarrelna
with him all the while; heard Steyenton',
voice occasionally; saw Liversage go toward.
house, then back; heard report of pistol be
fore Hostetter and Steventon came together
when they came together, Hostetter's hant
was raised, with something in it--don't know
certainly what, supposed 10 was the hatchct
Heard Miss Hostetter cry "my father is kill
ed" saw Steventon laying by log, ant
thoght he was dead
Gross Er.-Heard the second report o
the pistol as Livcrsage went around the enc
of Steventon's house.
1latheD Foley, scorn.- Con6rmatory o
Chaplain's testimony
Cyrus Cfsllgnl0n, sicorn.---So far as | know
Steycnton has borne good character as
peaccable and quiet man. Other testimony
unimportant.
Dr. Geo. Muaekton, sworn.-- Described
wounds in head
DR.. A. u. Craioford, sioorn--Have hat
charge of Stevcnton part of the time since
he has been in jail Have dressed the inju
rics on the head. | found an injury of botl
perietal and the occipital bones; fracture in
the crown, from which the skull had been re-
moved, about an inch and half in extent
fracture on the left side of the head, above
the ear, cutting through part of the temple
part of the occipital and part of the per
fetal bone; this fracture was about three and
half inches in length.
y. Beedy, sloora.--Was l25 yards or SC
from the fight; saw most of the difficulty;
Liversagc had been past Hostetter's party,
and they called him coward, &c; he went
to Steventon's, got the pistol and came back
AT the fight, Liversage fired three shots, but
didn't hold the pistol on any one they were
not fired in the direction of any one.
Very able and interesting arguments were
made by Dist. Atty. Axtcll and Jas. I. Far,
ley, for the people, and by by r. M. Briggs
and j. ii. Hardy for the defense. The
court room was crowded, and much interest
manifested