Daily national Democrat., 1858-09-15
aailg gational 4emotrat.
Trial of Henry Plumer, In the District
Court, on n Charge OF Murder.
MARYsvILLE, TUESDAY, Sept. IA, 1865


of Nevada county of Henry Plumer, for the
murder of John E. Veddar, on the 25tl
September, 1857, at Nevada by shooting
him with pistol The case was tried al
Nevada, and Plumer convicted of murder ir
the second degree Afterwards a new tria
was granted and a change of venue to thi:
county
The case was commenced in this Court
Yesterday. and the trial jury were then
sworn. This morning, at the opening of the
Court the Clerk having read the indictment
and pleadings prisoners counsel submitted
that he cannot now be convicted of higher
crime than that named in the verdict at the
former trial, namely murder in the second
degree. The order for change If venue was
admitted The Counsel for the prosecution
and defence then severally addressed the
Jury, stating briefly the case they proposed
to prove or rebut, respectively. The wit
nesses for the prosecution were sworn, and
all witnesses Were then ordered out of Court
until called.
DR.. Weeks, examined by Meredith - In
September 1851 resided in Nevada City;
knew deceased; am physician; examined de
ceased after he was shot, described the
wound, which was from bullet ent ring
the breast and dividing the principal blood
vessels of the heart another wound was in
the arm; Twitness here described minutely
the course which the bullets had taken !
held post mortem examination; the wound
fret mentioned was the cause Of the death,
it was mortal wound; if it would not kill
instantaneously, it would do SO in a short
time; the bullet was from large pistol
have never seen a similar wound previously;
there was internal and external bleeding
from the wound | did not see him till nine
or ten o'clock of the day after he was shot :;
he had then been removed into another room;
his clothes had not been stripped from him :;
Dr. Clemman was present at the examina-
ton.
The same, examined by Judge Belden-My
Judgment was not made up entirely from the
post n,ortem examination, but also from ex.
ternal facts; the direction of the wound
would show that the position of the person
shooting must have been lower than that of
the person shot; | have dressed gun shot
wounds; until came to this county, prac.
tced more as Il physician than rs a surgeon;
graduated in 1854 studied medicine sew
eral years before that; a person receiving
such wound. would die from loss of blood.
TO Meredith th)-There were no bruises on the
body.
James Ballard, examined 5y Meredith.-rn
September, 1851, resided in Nevada CITY;
knew where Vedder's house stood | live
right opposite; Deer Creek runs between
our houses; no objects intervene to obstruct
view; | was lying in an unfurnished room;
was looking out of the window; saw the
flashes of three or four shots, distinctly; they
were about as quick as a man could cock his
pistol and fire again the intervals appeared
uniform; the reports cOrresponded with the
flashes; was about two hundred yards dis
tant; did not notice very particularly; if
had expected anything of the kind, | might
have paid more attent on; the firing appear
ed to be d0wnwards, rs of person firing
4 into the ground am positive there were
three shots; | went to Vedders house after
wards there is one door and one window on
that side; did not notice any hight or can.
die, but there might have been did not 20
to Vedders house till about nine o'clock,
next morning; | only examined the premises
slightly; saw one bullet hole in the fence,
another in the privy; [map of the premises
here shown to witness, who thereby explain
ed to the jury; saw no one about the prem
ses Mt the time Of the shooting
TIE sane, eramined bg Belden-I don't
know if the night was dark or light don't
nor whether had been asleep it was about
midnight; there was no curtain to the win
dow; have never been at Vedder's house
since the morning after the shooting; there
Isl fence along the front of Vedder's house,
but not to obstruct the view from my house
MClopd examined Was at Nevada the
night Vedder was killed | was about three
houses distant ut the moment; knew Nedder
by sight, but not otherwise | went to We'd
ders house, hearing woman calling for
heIp saw Mrs. Vedder who said Plumer
I'D shot her sband; refers to the map
and explained to the jury; | saw the dead
body of Vedder; there was Il little blood on
the shirt abont as large as quarter dollar,
not more; the body was not stiff; the soil
there is hard | saw no dust on Vedder's
clothes; | saw no weapons; Mrs. Vedder
brought candle to us she stood back; did
not hear the shooting
Same, eraDiDed By Belden-I was not cx.
amned at the former tral Vedder was living
90 his back; think he was bare headed.
James Natbon examined Resided in Sep.
fember, 1851, in Nevada City; was awake on
n5ht OF Neddrs death; heard four shots
ahout ten minutes to l. o'clock; they were
pwards Deer Creek; | thought the man was
nurHed IN shooting; it was regular, uniform
sna quick; was ON Broad street; | went to
elders and saw Mrs. Vedder and two other
PERSONS Corbett, of the Police force, arrived
s'ere about the time did, | went down the
PACK steps and found Vedlers body lying at
sne loot OF the steps with his feet towards
eleS steps, on his back with his head to owards
RlY!' heard one shot about an hour after.
fW1s' cannot say how long afterwards: |
'nei Standing on the street; | do not
-" wnere Oor0ett went afterwards; | ex-
n'heu 'ne premises minutely, and found no
aia'N OF shot anywhere; Sc rched every
%eTe' ana found no sign of a ball; found a
i' III 'front.' OF the steps, and one on the
P'Ey; saw Plumer that evening.
george LenheaH erd,nined-Deputv Sher.
anu Ja'ier OF Nevada saw Henry Plumer
~ we night OF Vedder's death, at the iail, be.
snSL vu u and o'clock; he came to the iail
Nv NnocRedi Van Hager let him in; he said
ssr'~ 'a.ne 10 give himself up, having got into
10y that he had shot at John Vedder.
VII VII at his house; that he (Plumer) was at
nen.n Ne, mouse when Vedder clme up the
4 Su Hnu put one foot in at the front door.
Hno G;'H"lns a pistol, said "Plumer. your
siJo 's so vYule' Vnat he (Plumer) then jumped
A. I "Iu urew his pistol and fired at We'd.
w and two other shots whilst he ,vas hootl
mg down the steps; afterwards Plrmor "S oaek aeiI
~" Vedder was dead; afterwards he beiJ
S' MS hand and asked if his hand ,ron,lIeJ. Ie,I
Sa'd that none of them could scare him
t.isl1 tiSsams examined By Belden.-Pmmer ', was
tl95 to Butler and myself what have
yea Was the substance of what P,nmer
49, Corbett and another came with
.ner to the Jail; Plumer said that if he had
M '"ot Vedder, Vedder would have shot
Clarles Van Haoer e,o,a;J