Daily national Democrat., 1858-11-24

! NdIus Hohh IhS pdIIlea L was inside the
house after the shot | heard the words
sa6e that l went out and found Lola at
the door went to look for the boy; saw the
blood on the ground followed it up and
found the body on California Alley, about
ten yards from the corner, round small al
ley between two houses; did not see anv
one there when found the body; the BODY
was lying on the ground he was lust breath
ing; set him up, thinking he was alive; then
that woman came and brought glass of wa.
ter and washed his mouth and then Miguel
breathed his last; saw no weapons; found
none about the body of the boy
MetGtopjtch, examined by District AHorney
kept the Universal Restaurant; had known
Seybert rtwo years before knew deceased
saw him the day before he was killed have
heard Seybert make threats against deceased
about month before the shooting; he said
he ha seen Dolores with the boy; three DAYS
after he said, the boy called me an Ameri-
can son of b-h-Tll kill him-I WON'T al
low any man to call me a son of b-h-Ill
kill any man that calls me a son of a b-h
| spoke to the boy about it and he said he
had never called Seybert son of a b-h;
told Seybert afterwards that the boy denied
it; | saw Seybert on the morning of the
killing about , o'clock; | never heard of the
killing till next morning; | was very friend
ly with Seybert; he visited my house fire.
quently at night; Seybert told me he had
driven the boy from the wolnan's house and
beaten the woman.
Cross examined by Goodcin-When Sey-
bert said he would kill the boy, | advised
him not to do so, and he then said ono, if |
know myself [ will not" | saw Dolores in
my bar that evening; | can't tell if she was
drunk or sober
Francisco Deiz testifed-That he had heard
Seybert threaten to kill Miguel, if it should
appear that he had called him son of b-h
THE mother of deceased eeamjnedby District
Attorney-His age was IS, the Sth of May
| saw him lying on The ground after he was
shot; did not touch him; the body was car
ried to my house; there was no weapon on
the body.
Here the prosecution rested
The following witness were called for the
Defence:
Bruce CAREY examined 6y Good,Cin-Was
! introduced to accused about Is months ago,
and have known him ever since was in com
pany with two gentlemen from Oroville on
the morning of the shooting Mr. Seybert
came up; We talked; Seybert asked me to
walk with him. we walked up the street:
/
the corner of California Alley when one cou-
pie went into the house there; then Seybert
entered into conversation with the woman of
the other couple; they talked some minutes
together; the Mexican man who was with
the woman went across to the Universal Res
taurant, and afterwards came back; | saw
then that he had his right hand under his
coat and some weapon; he came up to Sey-
bert and called him an american son of a
bitch" and held up his weapon and threaten
ed Seybert, and again called him son of a
bitch, and Seybert then drew his pistol and
fired, and the boy ran down the alley; l then
called to Seybert to come away and we went
away together. | said, "et us go, there may
be more of them" l went with Seybert to
the Station house; the woman was the same
who testified here to-day; thought the wo.
man was drunk she aud Seybert conversed
in Spanish have never been in Mlrysville
over eight days at a time.
Cross examined By Dist. AHorney-I was
sober had had a few drinks had been up all
night; where | first met accused was between
the Italian Restaurant and c street. " cross.
ed the street and walked up to California al
ley ; the two couples were walking ahead of
Us; ; the one couple went into the corner
house Seybert entered into conversation with
the woman of the other couple, and the man,
| (deceased) stood by listening for about five
minutes, then went across to the Restaurant
stood about 80 feet off all this time | was
not acquainted with deceased | suppose the
one who came back was the same who had
/ been with the woman. Are you certain it
was the same ? | think it was the same
| believe he was dressed in black as he assed
me saw his hand under his coat and the
] l., .,f fI,o hut I foll
whether it was pistol or knife; he went
up to Seybert and talked to him in Spanish
then drew back and called Seybert son Of
bitch; Seyhert stepped forward and told
him not to do that again deceased stepped
back and drew his knife or pistol, do not
know positively which l think it was knife
or pistol it looked as though it was steel,
for it glittered | advanced towards them till
within about 10 feet the woman was stand
ing against post; when the boy stepped
back the second time and drew the knife OF
ristol and called Seybert a son of a bitch a
second time, Seybert drew his pistol and th+
pistol went off; the boy walked off and led
Seybert away; the last | saw Of the boy he
was walking down the side walk he did not
fall whilst | saw him; | did not know whe-
ther he was shot or not
heard no other angry language the knife
or pistol held by deceased was ten or twelve
inches long; deceased put himself in posi-
ton to strike, but don't know whether he
actually struck at Scybert or not deceased
and Sey were about four or five feet
apart Seybert went to the station house to
give himself up; at that time did not know
whether the boy was shot or not | can't
tell in what direction Seybert held the pistol
when he fired; the boy was in the alley
ii was right at the corner; Seybert was fac
ing down the alley; it was all done in a mo-
ment; | don't know whether Seybert had a
stick that night; Seybert did not have hold
of the boy at the time he shot; he never did
have hold of the boy that l saw.
To the Jury-I heard Seyberts pistol dis
tinctly when he cock I'd it.
.Jno. r. McCartN-At the preliminary ex-
animation Dolores testified that the Mexican
| deceased passed by, and that there was no
scufile, but Seybert drew his pistol and shot
him; she did not state before me that accused
took hold Of deceased; she was not asked the
question that recollect; have known the
defendant several years, and for the last %
months intimately; never knew him otherwise
than as n peaceable man.
g. H. FIIkiaS-Was present at Clark's
examination before Recorder Clark said he
believed the knife mentioned by him belong
ed to the boy, but Mexican named Refusio
had pawned it there for his breakfast, and
that a minute or two before or a minute or
two after the shooting he came and took it
away, and Clark had never seen it since
p. J Jocetyn-Heard the examination OF
Dolores before the Recorder; she then testi-
fled that the boy was coming along and Sey
bert shot him without word being said;
heard the examination of Clark before the
Recorder; it was as stated by the last witness.
@ IL Gorham-Before the Recorder, Do