Amador weekly ledger., 1858-02-27

they came together, in fist fight. Hostel
ter said he was determined to fence the
ground Hostetter was the stoutest and
threw Steventon down, but didn't beat or
hurt him. went to where they were, but
| it was over and Steventon was up when |
got there. This affray occurred about the
middle Of the day. The fence at this time
had not been made to interfere with the trail
from Steventon's house to the spring.
Cross Er.--( Diagram of premises exhibit
ed to witness, and corrected by him. / was
standing on log, eight Or ten feet from Hos
letter, at the time of the second fight. When
Steventon kicked off the board, Hostctter or
De Haven told him to ''stand back" Philip
Raspberry was standing off some little dis
tance, and believe not at work just then.
When Steventon came back from the spring,
he set his bucket down outside of the fence.
Hostetter was standing at the fence, four or
FIVE feet from the trail. Think Liyersage
came from Steventon's house. Didn't see
Liversage until about the time he got to the
place of the fight, but think he came from
Steventon's house, because he came by the
trail leading from Steventon's house to the
spring. Saw Liversage go down from his
own house to Steventon's, q short time before;
but didn't see Liversage on the trail until he
was nearly at the place Of the fight. The
aflray lasted but very short time. There
were very few words spoken; heard few
words Just at the commencement, or just be-
fore the commencement of the fight. Fight
commenced at the post where Hostetter had
been mailing on a board. Hostctter didn't
have time to do much after Steventon made
| {1,a o1r A ftap M
Hostetter, H. struck S. with the hatchet APP
parently as quick as man could turn his eye
Couldn't tell positively whether Hostetter had
the hatchet raised or not when Steyenton cut
him. Don't think Hostetter had time be-
tween the cutting and the shooting to raise
the hatchet "all the way" to the hight it was
at when he struck There may have occurred
some things which have not stated. don't
know positively whether the piece of land
spoken of was in dispute; but Mrs. Liversage
had come to me and talked something about
the ground | had also heard Liversage, at
his own house, talking something about the
matter This was before Steventon started
for the water When Liversage came up to
the place Of the fight, he sung out that he
"had weapon too" This was at the time
when it was called ont to Hostettcr that
Steventon had knife Liversage was not at
the first fight. Hostetter after Steventon
passed on for the water, said they would have
to wait for gate until some more convenient
season; he had nothing to make gate with
and no time to make it then After Steven
ton had kicked off the board and nourishcd
his knife Hostetter said to those present that
he wanted them to take notice that Steven
ton had drawn o knife upon him. | stood on
the log when Steventon passed to the spring
and when he came back, but stepped off it
before the fight was over After Steventon
passed along, Hostctter did not make any
remark like "wait till he comes back" &c; !;
he asked that notice be taken Of the fact that
Steventon had drawn a knife. Didn't see
Raspberry during the fight. / went away
with Hostetter and Others to his house, and
afterwards with De Haven to his house.
Don't know where Raspberry was while
was thus engaged. Saw Raspberry at one
time have a shovel; didn't see the shovel used
on Steventon, but heard it ring. After the
fight was pretty much over, De Haven struck
Steventon twice, on the head, with hatchet;
Raspberry said that was enough Steventon
lay on the ground twenty or thirty feet from
where he was when he cut Hostettcr Liver
sage was going away from the ground about
the time Steventon was being beat with the
hatchet and shovel; Liversage had his pistol
in hand, and after be had proceeded some
distance turned and fired Hostetter COM
menced making the fence the same day he
was killed; hauled lumber on the ground the
day before / had claimed part Of the
ground, but gave it to Hostetter After
Mrs. Liversage talked to me, Hostetter con-
versed with me as to whether my title would
hold the ground. Hostetter, when he went
to make the fence, said he expected to have
or was afraid he would have difficulty, but
didn't ask me to stay aud see him through
No trail on the "ncwroute" from Steventon's
to the spring. Hostetter and those who as
sisted him were fencing across the trail usual
ly Travelled by Steycnton when going to the
spring.
eeramined-Steventon IIostctters aud
Liversage's houses were all within full sight
of the place Of the fight. Liversage went to
Steventon's house; some time after, Steven
ton came with the bucket for water In a
few minutes Liversage came down the trail.
Miss Hostetter called out to her father TO
come away, that he (Steventon) had knife;
at the same time, Liversagc exhibited his
pistol, and said "I am armed too" or "have
weapon, too" Hostetter was STOPPING
over and mailing the lower board on the
fence, and just raised up and was about
straight when Steventon cnt him. Steventon
cut him with small butcher knife. Hostel
ter then struck Steventon on the head with
! hatchet