Daily national Democrat., 1858-11-28

knew what l would do if he run into the
stage while was on; he replied, that was all
right; | want no fuss with the passengers, he
said; he could not blame them if they would
shoot at him if he run into the coach; Mr.
Fowler then came mp to him and asked him
ii he would drive ahead; that he would hitch
up a fresh team, and they were wild; | said
that he had better do so, and he replied: Il
! will" he then went on about two miles and
stopped until we got up; when he said: "here
| am waiting for you;" | asked him whether
he was not satisfied yet; he said no, he would
'play it OUT" he then continued to act as he
had done, until we got to the next station;
he then overlook us again on the rum hauled
in ahead, and continued to act as he had done
before, until we got down to house about
six miles below there; halloed to him and
asked him if he did not want company; he
said, yes come in and ride with me; told
him would if he would not run off with me-
| got on his coach and came on down; | asked
him why he had acted in the way he did; he
said he was paid to do it; to run off the Oppo-
sition, break up the coaches, raise the devil
generally, and show them what opposition
was he said they had fixed one horse, and in
tended to fix them all, meaning the Opposi-
ton horses: | asked him if he was not afraid
that he would get shot sometime by pas
senger; he said he always watched out for
that, aud they would not get the start of him
on the shoot; he said he would have run into
the coach to-day, but he was not armed, and
he thought was, and knew was mad aud
might shoot him; asked him if he intended
to act as he had done to-day; he said he did,
as they had given him that old coach and
good horses to wipe out the Opposition in
any way that he could, and he thought he
would keep the road clear, and they would
find out what opposition was before they got
through; he said he intended the Opposition
should not get in until after 2 o'clock, but to
accommodate me he would drive up so as to
get in a little after 2 o'clock we drove on
then pretty fast until we got to G street; he
then stopped until the Opposition coach got
up, and said he would worry them all the
way down town; he continued to do so until
We got to street. he stopped there again, and
some of the citizens came out and said he
must clear the street, and he did so; talk
ed to him and got him to leave the Opposi-
tion; he had heavy Troy Coach told me
it was about the heaviest coach they had
Just the thing to cut the spokes out of the
Opposition coach; he told me he had the best
/ LedulS Tue OOllpllll nuu Tic cuITIeu 10 pas
sengers. He said he would carry no passen-
gers, because he would prevent the 0pposi-
tion stage to get in before two o'clock, and
he did not want his passengers to get hurt or
| frightened
D. Fopler sworn-Reside in Sacramento ;
am one of the proprietors of thef Opposition
coaches; have particular care of hiring help
and hands; defendant has never been in our
employ; never rode ON our stage but once
have no agent in Marysville; defendant was
never in our employ in anywise; the gun
never saw till it was brought into court to-
day.
FoR THE Prosecution.
r.. A. Whitfield s,corn-Reside in Sacra-
mento; was a passenger in the Opposition
stage from Marysville to Sacramento on the
! 18th inst did not see the shot fired heard
the report; defendant was on the outside, in
| front of the coach; defendant was not in the
coach when we started from Marysville; he
was taken up about three miles from Marvs-
! vile walking along the road; he got on in
side; he remained on the inside until the first
collision took place he did not ride inside
after the first collision defendant after the
time of the shooting got off the stage got on
again. and Travelled on. for mile or two, and
then got down and left the stage, saying, that
that he would 90 to some of the ferries, cross
the river, and go down on the other side to
Sacramento City to give himself up he left
the gun in the carriage the gun was taken to
Sacramento; when left the stage, the gun
remained in it. About one mile and half
after the first collision where the horse was
thrown down, defendant got the gun from a
man living near the road side; he said moth
ing when he got the gun, that | heard; the
man who gave him the gun brought it TO
wards the coach, told him it was loaded with
shot, the caps were old, and he had better
take box of caps along; he took the caps
along; he said the reason he got the gun was
because his and the other passengers lives
were in danger; the gun was brought on the
coach by defendant to defend himself and the
passengers on the road; after we left the II
Mile House we must have passed the Cali
fornia Stage Cos coach while it was about
Nicolaus; it overlook us about a mile below
Nicolaus, where the shooting took place.
Cross era,nindtion-I got on the stage at
Marysville about o'clock A. NJ; | did not
see the Cal. Stage Cos coach when we started
from Marysville; the Cal. Stage Cos coach
overlook us about miles below Marysville;
the same man who was subsequently shot,
was on the stage driving; there was one more
|
his coat off and was in his shirt sleeves; when
the coach overlook us, there were fire crack
ers thrown on our coach; very severe col
lision took place between the coaches our
Opposition coach was driven out of the road
by the Cal Stage Cos coach; the Cal Stage
Cos coach came up on the right side of our
coach and whirled US around, almost as upon
a pivot; they whirled us around once and u
as near as | can recollect; the off wheel
horse was thrown ouer the pole by the COLI
sion; after the horse was thrown, the Cal.
Stage Cos coach sheared about 10 yards to
the right and there stood the passengers
tumbled out on all fours; | was the last man
that got out the driver said for Gods sake
get hold of the front horses as soon as we
could; got hold of one and another passen-
ger got hold of another; the standing pole
horse stood still; the front horses were rear
ing and pulling at the traces, frightened it
took us about ii to 2 minutes to get the
horse up again; he damned the man. aud told
him it was damned bad behavior, and he
deserved whipping. Case said he would
break our necks before we got to Sacramen'
to, we shonld not get there lhat day; he made
some more remarks that amounted to threats.
After they got out of sight, we proceeded at
a moderate pace; the next time | saw the
Cal. Stage Cos coach was at the II Mile
House, before that, we lost one of our passen-
gers, who could not be persuaded to get into
the coach again from fear after the first col
lision, when we got to the II Mile House,
there were three coaches besides ours the
driver then drove on to the right hand few
Yards below the IL Mile House the two
coaches going to Marysville were standing
between us and the house; the coach on
which Oscar sat stood between us and the