Amador weekly ledger., 1858-02-27

/ ran up and tried to get hold OF Liversage's
pistol he had it brought to bear on two or
three persons about that time, and changed
it so as TO bear on De Haven. Didn't hear
Liversage say anything at that time. Ho-
stetter was standing by the fence, with the
Ratchet in his hand, when Steventon cnt him.
Hostetter raised the hatchet either before or
after cuttng-don't know which. Didn't
hear Hostetter make any remarks then.--
About the time Liversage and Steventon
came up, Hostetter said something like bear
witness he's got weapons"
Cross Er-Could not hear the conversa-
ton between the parties when Steventon
passed along, or when the fight commenced,
if there was any conversation. | was 40 or
so steps distant, on q line with the fence;
there had only been one string Of fence built
there, and it crossed the trail. The first
thing / saw after getting up to the parties
was Stcyenton cutting De Haven; after which,
De Haven struck Steventon with hatchet
Believe that was about the last Of it. Ste
venton was knocked down and unable to rise;
| only observed Steventon struck once.
e. r. Fandermaa, sloorB.-1-A miner at
Union Flat Was present at the difficulty,
and within five steps Of the parties when the
fight commenced When Steventon passed
towards the spring, he stopped and kicked off
the plank, drew a knife and moved towards
Hostetter. The latter said "stand back;"
Steveuton talked about gate, Hostetter
said he couldn't make it then; Steventon said
''you shan't fence mp the road, and with the
remark wait till come back" passed on to
the spring. When he came back he ppt
down his bucket, stepped over the board
(bottom board,) that had been re-nailed up,
and pitched or made lunge at Hostetter.-
Hostctter, as Steventon cut, motioned with
Ratchet and stepped back and told him to
'staDd back Steyenton cut at Hostetter,
but don't know whether he hit him or not.
Liversage came from Steventons house and
arrived on the ground at the same time Ste
yenton returned from the spring. Miss Hos
letter was pleading and crying to her father
to come away, that Steventon had knife;
Livcrsage said, Eyes, and / have pistol"
During the affray, Liversage fred two shots
and snapped his pistol several times. Ste
venton and Liversage had been at the house
the former, together, few minutes before;
they met on the ground as | have stated
Didn't see difficulty at noon.
Gross Er-When Steventon came back
with the bucket of water, he set it down,
stepped over the plank he had knocked of
and which had been re-nailed on, and with
his knife made lunge at Hostetter. Hos
tcttcr stood by the post, where he had been
STOPPING over and mailing on the plank, when
Steventon made the lunge and cut at him.
After Steyenton came back from the spring,
didn't hear him have any conversation with
Hostctter. There was nothing IN the world
to provoke Steventon to the act / was GO
ing home from cutting a ditch, near by, and
stopped talking with Hostetter is the way
came to be present had stopped there
ten minutes, but heard nothing about fight
to come off, or expected to come of, or of
Hostetter calling on any friends to help him.
| was intimate with Hostetter, but never
heard that he was intending to build the fence
until he commenced it.
Mr.. CoMe. sirorn-Miner, at Union Flat;
was there on the day of the killing-30th
Nov last. Helping Hostetter build the fence.
Acquainted with all the parties. Not pres
ent at difficulty when killing took place.
Present at previous difficulty on same day
Testimony concerning first difficulty objected
to by defense prosecution desired to show
malce-obiccton oyerruled. When first
commenced Mrs. Liyersage and Steventon
staked off some of the ground Hostetter was
about to fence, and were carrying off the
lumber Hostetter had placed upon the same.
Mrs. Liversage assaulted Uostetter, and
fight occurred between Hostetter and Steven
ton. Hostetter had Steyenton down, anu
Steyenton said, ''let me up and will have
nothing more to do with the matter-l am
interfering with that which don't concern me-
let me up and Ill drop it." Mrs. Liversage
was on the ground then-Iiyersagc was not.
About the time of the fight, saw Steventon
and Liversagc on the trail, but was not in
sight of the fighting ground. Stcventon went
from his own house. Liversage went from
Steyenton's house, putting pistol in his
breast as he left.
Cross Er.-Had been living with Hostel
ter for eighteen months. Heard him speak
of building the fence, for some time; before
he commenced fencing, never of any row to
come of. Don't recollect of Hostotter say
ing anything particular at the time or after
the first row. Diagram of premises, and of
Liversages, Steventon's, and Hostetter's
houses, aud Of the spring and trail, exhibited
and explained.
Mr.. ". Erdns, sicorn.--Had been living
at Union Flat for six months previous to 30th
Nov. last. Union Flat is perhaps not exact
ly village; there are some two dozen hou-
ses, chiefly miners houses or cabins, in sight
and within a space of three or four hundred
yards. There is store and grocery on
the Flat. At almost any time, a dozen or
twenty men might be seen there Acquain-