Daily national Democrat., 1858-11-24
DISTRICT COURT.
Hon. w. T. BARBOUR, Judge.
TuEsDAY. Nov. 23d.

and j. o. Goodwin for the defense
The District Attorney, having stated the
case for the prosecution to the jury, proceed
ed to call the following witnesses:
Dolores Asequdda examined, through Pedro
Roman, SWorR interpreter-In August last
lived in this city; do not know the name OF
the street; have known defendant over n
year was acquainted with Miguel Riez the
deceased was present when he was killed
bv Mr.. Seybert; witness was with him
when she (witness) came out of the door Jim
Seybert took her by the hand; then the Young
man passed she (witness) had not been there
more than five minutes before deceased pass
ed Seybert ran after and caught hold him
and turned him round, and shot at him; and
said, "there, you son of a b--h;'-''you see
that son of b-h ;" the boy fell down; then
he ran and fell again in a little alley; can
not say how far he ran, about three or four
houses; then Seybert went away an Ameri-
can gentleman was with Seybert; witness
followed, saying, s"you have killed that
Young man." witness found the deceased
there was a man holding his head witness
took him in her arms and tried to wipe awav
the blood he lived about five minutes; the
wound was in the left side of the neck the
time was about o'clock in the morning; it
was during the State Fair; never heard Sew.
bert make threats against the boys life
Seybert was jealous of the boy; Sevbert
thought witness was living with the bov
Seybert and witness were talking; then Sey.
bert left witness and went and caught hold
of the boy the boy was alone, unarmed ;
saw 10 weapons about the boy after his
death witness took all the boys things from
his body after his death and found no weap-
on; there was no struggle between accused
and deceased; did not see that Sevbert had
any club or other weapon except the pistol /;
Seybert did not meet the boy, but the bov
passed, and then Seybert went after him /;
Seybert was standing on the corner of the
alley at Donna Pfetfer's where witness lived ;
corner of California alley; at the time the
Mexican was intercepted he was going in the
alley; he had passed Seybert and the door
of Donna Pfefers and Seybert caught him
by the window and then shot him; l have
known Seybert over year.
QUEs. What was the cause of Sevbert be-
ing jealous of the boy? Question objected
TO.
a Seybert saw that the boy lived with
witness.
O. Had you been living with Seybcrt?
A. Yes; about year.
Seybert was jealous of every body; Seybert
never said TO witness that he was Jealous Of
the boy
ross-erdmiacd By Coodvia-Has lived
two years in Marysville; works for her liv-
ing; sews; was never married to accused :;
lived with accused has not staid with any
other persons during the time she lived with
Seybert; it was about month before the
fair she ceased to live with Sevbert; was in
the house of a lady the evening before the
killing: attended fandango; drank nothing
intoxicating during the evening, not drop :
was perfectly sober when Seybert killed the
boy; had not drank drop Of ardent spirits
that night; could see every person in sight at
the time of the shooting saw an American
with Seybert, and did not see any other per-
son in sight; could have seen them if there
had been any; was sworn before the Record
er and before the Coroner's jury, on the ex
animation. Q. Where had you been last be-
fore Seybert and the Mexican came up? A. ]
was coming from the Universal Restaurant,
where had been taking coffee with three
wemen; no man was with us; did not see
deceased in the restaurant; staid in the res
taurant about five minutes the distance Sev-
bert followed the boy before he caught him
was about thirty feet; he caught by the left
arm and turned him round and Immediately
shot him; am sure he held him by the left
side Q. Did you not swear at your preyi
Gus examination that Seybert fired without
first moving a step? A. | stated then as |
state now; have not paid money or been
making up purse to pay Mr.. Montgomery
in this matter; the boy did not sleep vita
me; he never cohabited with me-
70 the Jary-Witness was about to 90 to
bed at the time it was about o'clock in the
morning; the moon was very bright we
were standing in the shade.
Jury adjourned to view the premises.
DR. Rice examined By Dist AHorneg.-
"A Surgeon; was called to make post mortem
examination on the Mexican who was killed
here in August last | think it was on the
9th, about 4 o'clock, p NJ. it was the day
the Ball was held at the Pavilion. The
wound was from bullet entering the neck
and coming out opposite the angle of the Jaw
Ton the other side; from the appearance of the
wound, suppose it went in at the left side
and came out on the other side; it was NOR
&al wound; there were marks of powder f.
round the wound on the left side of the neck,
indicating that the.weapon was held so near
that this was some of the powder which had
not been burned; the wound passed slightly
backwards, obliquely; the passage of the
ball varied about an inch or an inch and a
half from a right line. From the character
of the wound and its appearance, l should
think that the party who fired was little to
abe left, and that the boy had his head turn.
ed; had seen the deceased; had known him
three or four years since he was quite a lad
his probable age was l6 or Is years perhaps
Is; well grown. There was a mark of Il bul.
let hole pointed out to me on the premises
where the shooting was.
Cross examined by Goodwin--The ball en-
tered on the left side
+. Clark examined By Dist. AtorRey-In
August last lived at Universal Restaurant in
this city; recollect Migueps being killed
saw him about or 6 minutes before his
death; he was fooling with me; he snatched
a tive dollar piece from me, ran away with
1t, and then brought it back and gave it me
we were playing; he went away down to
California Alley; did not see any one go
with him. heard the report of pistol short
ly after he went away; then my Maltese boy
sald some one is killed; then heard screams:
don't know if deceased had any weapons at
me time; he had had a knife handed to him
at the bar; deceased did not take the knife
away with him; he left that knife in pawn
WIN me in romping with deceased if he had
lau a knife in his waist | should have known
H. have heard Seybert say that the boy
mad called him a son of bitch, and he would
cowhlde him for it.; Seybert said he had il
from good authority; this was about three
weeks before the killing. | had known de-
ceased about two months; | saw Seybert on
the night ofthe killing; | saw him passing
up and down as usual on his beat; | saw him
few minutes before the shooting; he had
another gentleman with him; some Policemen
carry sticks, some do not. Seybert was a
policeman.
Eramined6 by Goodoin-I have not been in