Daily national Democrat., 1858-11-28
aailp glationaI Democrat,
CxAMVNATION OF o. AMES,
FOR THE
suooTrNG OF OSCAR CASE, NOV. IA.
BEFORE JUSTICE HART, NrooLAUs.

rh;s examination was concluded on Fri
H., oath inst. CHAs. LINDLEY and w. II.
w.rss for the defense, and w. P. WILKINS
and Joux A. MoQuAID for the prosecution.
,-,rr,tESrs OF WITNESSES FOR PROSECUTION.
p;rhard Forsyth sworn-Live about eight
Il obove Nicolaus on the road leading to
nw's,sville. am not well acquainted with de-
s."jont know him when see him; sits in
.Ia Court room; on the 14th inst. | was at
Lor,o. saw defendant at that date; was at my
hOnse. borrowed shot gun; this was between
and 10 o'clock in the morning; defendant
Ia he wanted to kill some geese with the
aun and sreturn it by to morrow; the gun
sSyos loaded, both barrels; percussion caps on;
,yos loaded with small and geese shot; there
mas no ball in either barrel when l loaned
=. know the gun when | see it; | loaded the
l,nn myself it was loaded to kill quails and
Sores. tn. gun produced in Court is the gun;
Jom certain there was no ball in it; my house
3 a hundred wards from the road; defendant
c,ot nm ON the outside of the stage with the
Sr;ver and took the gun; the stage was go
sn, towards Nicolaus; defendant did not ex.
anime the gun to see how it was loaded; he
AID NOT appear to be in haste; was deliberate
have seen the defendant twice in one day; he
came to get some work to do; the shot ex-
bibited in Court. drawn from the gun is the
shot loaded it with; defendant did not say
ANYTHING about any difficulty; have never
seen the defendant in the stage before; saw
defendant Thursday before twice; said he
was hunting work. do not know of defendant
attempting to get employment of the Calfor-
MIA Stage Company; do not know anything
IN reference to the defendant about the diff
pulty do not know whether defendant was
acquainted with Case; do not know whether
was passenger or hired.
Cross eramined-There were with him on
the Thursday before the difficulty occurred,
two or three men, looking for work. defen.
jsnt came to me because had promised him
work on Friday or Saturday before; saw him
that time in Marysville; told him he could
get work at Mr. Haswel's, who lives about
two and half miles below me; met him on
Thursday about or o'clock p NJ, Just
above nv house, told him he could get work
at Haswells, when | saw him in town; know
where Mesick lives lives two and half
miles above me; defendant told me he would
like to go home, if he could, because his fam
lily was sick.
z. B. Lctchler Sworn-Live on the other
side, on Dry Greek, miles from here, on the
stage road to Marysville; have seen defen-
dant once before to-day; do not know when
| think it was last week; did not see him on
the l4th inst; Know Oscar Case.
Dr. Ray scorn-Reside in Nicolaus; am
practicing physician and surgeon have been
assisting on Oscar Case, who lies wounded at
the Hotel have examined his wounds pro-
fessionally He was wounded by what |
suppose to be a shotgun; the charge
entered below the shoulder blade, to the left
of the spinal column passed through por-
ton Of the left lung, came out under his
left arm between the third and fourth rib
The size of the wound where it entered is at
least one inch across. The hole where the
charge came out had the appearance of u
common pistol ball, such as are used for re-
vOlvers | have been familiar in my prae.
tice with gnnshot wounds. The wound had
the appearance of being inflicted with
shotgun, loaded with shot. The wound could
not probably have been made with the shot
exhibited in court drawn from the gun. 1t
has been my opinion that there are nine
chances to die to one to recover. The wound
is likely to produce death There are ap-
pearances on the wound of smaller shot SINH
lar to those exhibited in court.
CroSs-e1dmined-I have never seen any
wound like that, caused by shot, like the shot
produced in court, although | have seen fire.
quently wounds inflicted by shot, and some
by riheballs portion of the shot might be
Obstructed by parts of the body, if a portion
OF the shot is obstructed by part of the
body, and the wound made by shot only, then
the hole, where the shot came out, might be
smaller than where it entered. | have
probed the wound | have extracted piece
of the bone, | suppose a part of the rib, did
not extract any shot; | can feel shot under
the skin, where the charge entered l have
no other means of knowing the character of
the charge than the external appearance of
the wound. l asked defendant as to the
charge which inflicted the wound and he
said it was shot alone.
Timothy Wharton srorn-I got the gun
produced in court in Sacramento on the 10th
inst; do not know who carried it there,
found it at the office of the Cal Stage Co.;
the gun underwent no change since in my
possession; the defendant is in my custody;
Mr.. Harteput him in my possession; l have
delivered the gun to Mr. c.. w. A. Arens,
after brought it TO Nicolaus l found the
wounded man about one mile below Nicolaus
in Sutter county; he was lying partly on his
belly, his head resting on his arm; | brought
By CouHsel-The defendant admits the act
Of shooting in self defence
0. Walker sworn-Know defendant by
sight, saw him first last Sunday evening
about two or three miles below Vernon, on
the West side of the Sacramento river; | re-
side at Nicoaus; defendant was going down
the river towards Sacramento; he was on the
public highway, travelling on foot; it was
about or o'clock P NJ: had a warrant
Tor hisarrest; told him, | rarity read the
warrant to hiB; he replied that he was the
man; that he intended to give himself up and
oil he wanted was to be be protected from a
moo; what he had done he had done in self.
aeience, and was on his way to Sacramento
TO give himself up.
FOR THE DEFENCE
T. w Brooks seorn-I have been ac.
qualnted with the defendant since the first
ol september last; | came from Plumas eoun.
W eureka Quartz Mills; | knew defendant
mere he was at work as a carpenter on the
mn was working on the ledge; | have
Seeh acquainted with the character of the
ue'enuaht Tor peace and quiet from that time
bp 70 Tue last few days; his character ha:
Lo; eGn very quiet, peaceabe, civil and upright
80 very prompt to labor, never lost any
Him.' tHme' l. saw him every day, boarded with
shn i saw never any quarrel, or anything OF
Sn nc slnu; there were eighty-fve men work
Jug lor the same Company.
CFoSs eSdmtned-I have never heard de
,enuantS character for peace and quiet
0iTught into question in the neighborhood.
l. sherman Stoorn-Reside in Marysville;
lave "p'e oeen acquainted with defendant since
SoOus tne iirst of July, except such time as
ne was absent at the Eureka Mills. Plumas