Daily national Democrat., 1858-11-28

ed side and side, the California coach having
little the lead defendant could not get off
the coach; he was sitting on the left hand
side, without jumping among the horses
felt no effects from the wheels locked the
last time the coach whirled round our coach
described a radius of from 10 to Is feet If
defendant had endeavored to get off on the
right side, he would have been in danger of
having the coach turned upon him; was so
frightened l considered my bones broke.
For THE DEFENSE
j. O. HdSpeU Sworn-Reside on Bear Riuer
at Sharp's Ranch, now called II Mile House:
keep that house; was at my house on the 18th
inst ; saw the Cal. Stage Cos coaches and the
Opposition coaches; the Cal. Stage Company's
coaches came there first, changed horses, and
remained before the door some minutes: | in
quired what they were waiting for When
the Opposition coach came up the Cal. Stage
Cos coach drove by Oscar Case; raL ahead of
the Opposition stage and turned them into the
fence. There were fire crackers thrown up-
on the Opposition coach; did not see the per
son who threw them; did not see the horses
whipped; the Opposition coach was kept
there several minutes; do not hear very well:
cannot say what Oscar said
Cross erGmindtion-Osca did not come in
contact with the stage or horses of the Oppo.
sition coach; the fire crackers were throw
from behind of the Opposition coach Oscar
was on his seat at the time; was looking at
them all the time, up to the time of throw.
ing the fire crackers; went into the house
before they went away; was not farther
than two rods from them; | should probably
have seen the whipping of the horses by Os
car, but might not, as | was behind them. il
it had occurred while was there; when saw
Oscar he was sitting on the coach holding his
lines, and keeping the Opposition from pass
ing; | saw Oscar making no other demonstra-
! tion.
Direct examination reSumed-The man who
threw the crackers, it seemed, drove the
coach back to Marysville.
For THE PROSECUTION.
j. Baterfeld sworn-Saw defendant at
Plumas Ranch Yuba county, he came there
to get some work; it was about one week, it
may have been two weeks, before this trans
action; defendant said he had no other pros
pect of work, aud should like to get work.
! j. Stinchfeld Sworn-Was driver on the
Opposition stage on the l4th inst; an occur.
renee took place below this town; know de-
fendant hy sight. he was with me that day;
do not know of his being engaged for tile
purpose of fighting of the California Stage
! Companys coach; he did not pay his fare; he
was on the inside until after the first occur
renee and afterwards rode on the outside all
the rest Of the way; he got the gun on the
other side of the Twelve Mile House, at what
is called the Plumas Ranch believe; he got
the gun, he said, for the purpose of defend
ing hnselfif the California Stage Company's
coach run into us again So as to endan9er his
| life; at the time he got the gun and said that,
he was not enraged, and al peared perfectly
| cool; he took passage about two miles this
side of Marysville; he was travelling on foot;
he said he was going to see some men who
were going to the States; did not know but
he should go through the first occurrence
was beyond the Plumas Ranch, about mile
beyond, or more; Oscar Case ran into us
threw down one of our horses; threw one OF
them over the pole; turned us round three OF
four times; locked the coaches; this took place
above the Plumas Ranch The horse that
was thrown over the pole, limped for several
rods; one of the passengers was hurt at that
time; he did not come on any further; he said
!
saw no bruises; do not know to my own
knowledge, that he was hurt the coach was
iostled, but not upset; one wheel was lifted
up; saw the wheel lifted up; the near forward
wheel was struck and lifted up; the passen-
| ger hurt was riding inside he did not strike
the coach so as to lift the wheel of the coach
from that place until below Nicolaus, where
the shooting took place. My horses were
| frightened; had hard work to hold them |
took a cut off near Nicuaus; he came up be-
hind me- below this place; reined out of the
road, so as to give him the whole of the road;
he refined out after me he ran against my
coach; ran first into my horses, struck them
several times with his whip, some six to eight
times; no one ofus said a word; he iib6ed and
hallowed at the horse-; he jammed his horses
against mine had hard work to hold my
horses; the off hind wheel of my coach was
raised by his striking my coach, the hind
wheel of his coach locked into my near for
ward wheel, and crImped the opposite for
ward wheel under the body of the coach, and
raised the off hind wheel | was going on at
that time l was not looking at the hind
wheel at that time. The coaches were in
contact when the shooting took place, in the
same position as before described.
Defendant asked Oscar several times to get
out of the way and let him get of, AMI struck
at him several times with the gun, to keep
him off; ut the time of the shooting, he could
not get off on the opposite side; my lines
were in the way and my horses on full run !;
defendant was between me and Oscars coach I;
do not know that defendant was hurt at any
time, from the beginning to the end of the
occurrence; | saw Case make no other dem
onstration, than that before mentioned Os-
car said, at the Twelve Mile House, if they
did not get out of the opposition coach they
would get killed before they got to Sacra
mento Oscar said this in the hearing Of de.
fendant Oscar was out the length of the
coach in front of me, at the time of the occur
renee his hind wheel locked in my fro"t
wheel as aforesaid; l know that the wheels
were locked; don't know whether the rim of
his wheel was between my wheel and the
body Of the coach or not; don't know that
anything was said by Oscar to defendant :;
Oscar was holding on to his lines, cracking
his whip at his own team, | suppose, at the
time he was shot his team was not 50 much
frightened as mine, he was driving older and
steadier horses; defendant told him to quit
several times; | don't know that he said he
would shoot him at that place; | mean by
"that place" the whole transaction below
Nicolaus; think | heard it all; we were
both sitting on the same seat, about one foot
apart; was not looking at the defendant at
the time, as | was attending to my team; do
not know that looked at him at the time of
the transaction; | saw no appearance of ex
citement when defendant shot Oscar he (Os-
earl rened away from us; he refined off about