Daily national Democrat., 1858-11-28

the stages; l was little distance off: saw
the Opposition stage trying to get out of the
way of the California Stage Companv's
coach; there was contact of the vehicles :
they were driving in a circle, the Opposition
coach was trying to get out of the way after
they had three or four times driven around.
the California Stage Company's coach struck
in some way the Opposition stage, and threw
one of the horses of the Opposition stage; at
the latter part of the driving l saw two or
three persons jump from the Opposition
coach went down to them then; the passen-
gers were all out they were trying to get
up the horse before | arrived, the California
Stage Company's coach had gone on; they
went on Il little ways and halted, and then
went on little further; they then had the
horse up, and went away +; defendant [ sup
posed was a passenger of the Opposition
coach: there were no other people around
but passengers, and defendant was there; it
was, think near 10 o'clock A. NJ, on the
l4th inst. think there was one person sit
ting with the driver, on the box of the Cali.
fornia Stage Company's coach no passengers
inside; | saw smoke before | got up to the
teams, and thought firearms were discharged,
but when Igot there, | found it was fire
crackers which had been thrown upon the
horses of the Opposition; the team appeared
very lively; Williamed Fitzgerald was driv-
ing cattle out with me at the time.
CrosS-eramined-I was about 500 yards
from the coache. when first saw the occur
renee; did not see any fire crackers thrown;
do not know who threw them the smoke
appeared over the horses of the Opposition ;
the California stage was on the outside of the
circle, little behind and driving at the
other; the horses of the Opposition were un.
der the control of the driver at the time of
the firing of the fire crackers, and did not
seem to take fright the California Stage
Companys coach went on little ways and
stopped, and again went on little ways and
stopped and then went on slowly; did not
see the Opposition start; did not see any fire
arms among any persons a3out the Opposi
ton stage; the passengers in a general con
versation said that the driver ought to be
shot.
Harry Leland Sworn-Resde in Marys
vile; by occupation an expressman; saw both
stages start from Marysvile on the l4th inst,
at about ten to fifteen minutes past o'clock
A. NJ; met with Oscar Case at the stable of
Opposition, on the l4th inst, in the city of
about o'clock A. NJ; | walked
down Immediately after him, to the Western
House Bar; he asked me if his friend, allud.
ing to the driver of the Opposition, was going
down; told him he was, and had some pas
sengers engaged; he tod me he was going
down and liked to travel in company, and
would have some fun; l advised him not to
interfere with the coach and endanger the
passengers; | told him if he run into him too
much he would be apt to get hurt himself;
the last | saw of him he was leaving the Of
flee of the California Stage Company, in a
run, and without any passengers in the coach;
the Opposition was from three to five n in.
utes ahead; man may have got on at the
Office saw a man going towards the stage,
but the stage was in the way so that | could
not see whether he got on or not; know the
Road Agent of the California Stage Compa
ny; his anne is Mr.. Montgomery.
J Il. Smith sworn Reside at the Butte
mountains, Sutter county; heard the testimo-
ny of Mr.. Mesick; think it was the same trans
action which | saw on the l4th inst; was at
that time riding near Mesick's ranch; | was
riding along the road towards Sacramento;
it was foggy; | heard noise behind me,
looked round and saw it was the Opposition
stage; | gave the road. and presently | saw
the coach of the California Stage Company
driving after it, and they both came opposite
to me in the road; the Opposition turned to
the left of the road, to let the other pass; the
coach, which | supposed to be the old line
coach. turned out of the road, apparently
pursuing the coach of the Opposition; they
circled around once or twice, think though
they circled but once, then the Opposition
turned to the right again; the near wheel
horse fell, and the other coach passed on,
coming into the road near where | was
rode on some distance down the road, and
the man who was shot 60. Case) was driving
down the road also; he stopped aud asked me
to go back and see if he had injured them;
| told him | was on my way to Sacramento,
and did not wish to be detained, and that |
did not think he had injured them; at that
time | saw them getting up their horse, went
on, and saw them coming on ut a distance be-
hind me, until | got very near to the change
of the stages, at the twelve mile house, Bear
River, Haswells Ranch; there they were
stopped, all of them, three coaches; Iicame
on down. and the old line coach passed me
about half way between Haswell's Ranch and
the Bear river bridge; l saw nothing more OF
the driver until Whorton, and think, Dick
ey, brought him back here to Nicolaus in "A
buggy, about u o'clock NJ, it may have been
sooner or later; cannot tell exactly the time;
| cannot tell what caused the horse to fall
was little distance off and my horse was
frightened, caused by the rattling of the
stages and the firing of fire crackers; cannot
tell who fired them; the teams were very
close together, and the smoke from the crack
ers appeared to be over the horses of the
Opposition eoach | saw no collision of the
coaches; my attention was taken up with
my own horse a portion Of the time; a col
lison might have taken place and | not Oh
served it; in making the circle the coach OF
the California Stage Company was first upon
the right of the other coach, it then fell in
behind and came upon the left side, and the
Opposition coach came to the right.
Cross. .eramined-After the circumstance
which took place at Mesick's, did not see
the coaches pursuing each other any more,
nor did they come in collision with each
other while in my sight.
Direct examinations resumed-Left all the
coaches behind me at Has wells Ranch.
CrOsS-e1dmindtiOn resUmed-After | left
HaswelPs, the II mile house, the coach OF
the California Stage Company passed me
about half way between the II mile house
and the Bear river bridge the Opposition
passed me at the apron of the Bear river
bridge, about a halfa mile or more behind
the other coach.
H. H. Ruby sworn--I left Marysville last
Wednesday morning in Fowler t. Co.'S coach;
was outside on the box Oscar Case was on
the coach of the California Stage Company,
right opposite; as soon as we started out, he
went right ahead of us; stopped his team,
and whenever our driver attempted to 60
ahead of him. he would move in front of him;
when we came to the bridge he hauled out to
one side; we came on down about six miles
this side of Marysvile, when he overlook us;
he drove by as if he attempted to run into
us; whenever the driver attempted TO pass