Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1860-04-14

at Arms room when the ahray occurred heard the
between Stone md Bell Bell Was
leaning against the WALL Wilkins nearly in front Of
him; Bell said to Stone. "Iou voted or election.
eercd against some If our county tickct;" Stone
said, That's not So, sir - Bell hcsiiated and re-
piled, 81 think | know bcttrr; Stone Sad,
e You're d d liar" He'll then put his right baud
partly into his pocket mud drew il out again; Stone
stepped little back jumped upto separate thrn
there was movement forward by Bell and perhaps
by Stone; they came together simultaneously {;
Bells hands were up in a striking attitude nj the
instant the pistol exploded; the p"wdrr burnt my
hand; after the firing the Doctor turned round, Bell
rushed On him aud they clinchcd.
Cross rXnmnrd thought He'll was IN the act Of
striking as the Doctor htcd; my impression was
that Bells action was IL strike the Doctor. nr put
his hand on his collar; It was nearly one O'Clock -;
the House was in session and the doors Open
.NARvEYLEE, swnrn-Mns i'll the room at the time
of the atiray sitting, by the window; did not notice
hat was going TN heard some unc say, IN II low
tone of voice you're u liar: TWAS Doctor stone =
voice; | saw Bell seize the Doctor by the shoulder.
and say. "what do V0u mean Doctor stepped
back aud SAID. "lll cut YOU il vUu strike me; !"
there was some showing done, nnd they reached the
middle Of the room after the pistol Vas iircd lrll
took Stone with hrrculran force aud backed him up
to the wall aud held him with one hand, and struck
him several times with the other Rcll had him b,
the collar before the pistol was drawn, and must
have showed him six or seven feet the Doctor drew
the pistol from his pAnlAluuns pocket have know II
Doctor Stone three ar four wears.
Cross, examined There was considerable strng-
gle going on. and Bell might have struck pr Stone
several blows before the pistol was fired: He'll is II
stout, heavy set man, well knit; viii weigh las
pounds he is n strong man; | should think the
Doctor VAS not possessed Of much strength there is
great disparity in their strength.
CART McCLoRr, sworn-l am policeman; WINS
passing up | street about | O'Clock saw II crow d
coming out Of the capitol, md was told that there
had been difficulty; Dr. Stone was III charge oi
Mr. Conncss and Mr.. Williams; asked MIR. Will.
Jams II the Doctor had knife the Doctor then
gave him knite-thc Cnc now in Court, u small
stillctto with pearl handle and tnur and IL halt
inch blade, about three fuurihS If an inch wide
Mr. Williams gave il 10 me -Lluld llr. Stnnc | was
AN officer and he said he was waiting IL give him.
self up; Mr.. C"nncss then gave me the pistol which
is now IN the Court "a small, sclfcOcking, single
barrel pistol, Aliens patcnt.l
l.. R"HIE, Eworn-WaS standing near the door of
the room and heard the pistol fired looked in and
Saw Bell scuilling with some one whom did not
know ran in Bell had the man by the collar and
was hitting him; the Doctor was striking from be.
ncath pushing ut Bell with the knife; ! seized the
Doctor BY the arms; he had knife in the right
hand and pistol in the left held him and gave
the pistol IL CONFESS; ut came in the dnnr Bell
had the Doctor bent over aud was hitting him some
heavy blows.
a. &. LAwRESCI, (mcmhcr Of Assembly from
Trinity county sworn-WaS in the rnnm talking
to Mr.. Griffith, when the ntlrav occurred; heard
the words. ats u id lie; looked round and
heard DR.. Stone say, "dun't strike, ar III cut YOU;
Bell took his hand from his pocket; there was II
pause for II second; Bell then raised his hand and
struck blow hitting the Doctor in the eve, Think
in II second after that the pistol was fired the blow
preceded the firing think bell struck the Doctor
in the eye; my ere was following the blow He'll
struck him rs he was getting the pistol out Of his
pocket.
Supervisor GnEEN, sworn-Was in the room Mt
the time of the nilrav, und Bell strike at the
Doctor before the shot; | think he was hit in the
head, aS the Doctor lodged his head.
FRANK STEWART. Sworn-Was in the room nj the
time heard the hc passed there was some little
hesitation after the lie was given. and then Bell
raised his hand and made II lick NJ tie Doctor and
struck him in the side Of the face; then they jumped
around IN u sort at u light; they chnchrd and the
pistol was fired liel rushed nj him, caught him by
the shoulder, and i,mmed him against the door and
struck him saw the doctor nrke several ShovrS
with his hand but saw no knife; Ihrlpcd to undreSS
Bell he bad M Weapons upon him.
Cross cxam,ncd-l saw neither the knife nor pistol
in The n0cT0fS handS;-itCtl hUri SrnrthnS his
hand do not know what, but he put It in his
pocket.
HrMruRgY GRIFFITH. Sworn-Was sitting with
MIR. Lawrence AZ the table in the SCrcrani,nt. Arms
room when the ailrHv occurred Ilr. Stone BELL and
Wilkins were runvcrSing nj the other end " the
table DIR. Stone said something in an excited tone
Bell replied Doctor said " il Nuu say that. YOU are
u id liar, mud repeated il twice bell had in his
hand q small pCnknr. the blade was open, he raised
his hand rs il IN strike; Dr. Stonr said, "f YOU
strike me I'll cut YOUR CUTS out BELL lowered his
hand partly in his pocket; then raising his fiat he
struck with his left hand. hitting the Doctor IN the
side Of the face; Bell had newspaper his right
hand, ahd he struck at the Doctor with that, but
the paper passed over his head; Stone stepped back
there was then rush. and the report IT pistol /;
Bell then stepped back, and saw in the Doctors
hand the butt Of the pistol; Bell then rushed To
him saw nothing more.
j. :. STocKER, Swnrn-I live in Marin county ;
saw the parties heard the lie passed. saw Bell step
up and strike DR., Stone; heard the Doctor say.
" Don't strike me-" then heard the report of the
pistol Bell struck the Doctor irSt saw something
IN Bills hand; think it was u Pcnknltr; saw the
kuitu in the Doctors hand.
The prosecution here rested. and the following
witnesses were called for the defense:
\. Is. WALLACE, sNuTn-Am clerk 10 the Ser
geant atArms; was not present nj the time of the
atfrav, but was there u moment before BELL ana
wilkins were talking together DIR, Stone came mp;
Bell went away for II moment aud returned Dir.
Stone continued In converse with Wilkins; was
in the Assembly rO0m heard the shot and tried To
get into NV room; the crowd prevented me; Jim
Moore had charge Of Bell asked DR.. Stone logve
up his pistol he did not seem disposed IN, and told
Cnnncss that the other man wah armed aud he did
not want to give up his arms never knew the par.
ties to quarrel before: have known Dr. Stone ten
wears he was twice Treasurer ut III Dorado county
and is now Superintendent uf ditch il is the Gus.
tom in FL Dorado county To go armed never knew
Mr. BELL to 20 armed
Judge VILLAINS rrcallcd-Whilr we were talking
Bell lett us for u moment and came back Bell made
u personal Charge against Dir, StoHc. by accusing
him Of defeating some If the county officers the
Doctor denied it Bell repeated il the Doctor snid
" II YOU say you are n liar" only heard the lie
given once.
JAMES MOORE. sworn-I saw the conclusion of the
ARRAY INV back was toward them when il com.
mpncR1 bu herring the nislnI | turnpl md
Bell striking Dr. Stone; seized BELL by the arms
and took him away; Bell said, lie has shot and cut
me !" thought the Doctor was trying to get AWAY
from Bell. who was following him up and had every
advantage Of him.
The defense here rested. Mr.. CoiIroth stated tn
the Court that he thought il clear Of Scl.dc
Tense, and the attack Of Dr. Stune UNSUITABLE he had
no desire to argue the ease, aud with the counsel
for the Commonwealth he would submit II tn his
Honor in silence; but in justice To the Attorney
General, who was present, advising with him in the
Court, he asked that permission be given Mr.. Viii.
liams IL explain, etc. Leave being granted,
Mr.. Williams spoke as follows; The defendant,
DIR. Stone, is my uncle, and consequently cannot
be expected TO appear sgainst him in the Supreme
Court, should the case ever reach there. have
in obedience to the dictates Of natural
duty, appeared here ~ assist in seeing justice done
the defendant, and TO that end have. during the
progress Of the cause, freely and publicly cnunSeed
with his attorneys As the reasons for my occupy.
ing me position which have IN this cause may not
have been understood by the Court and District At,
torney, have deemed this explanation simple act
Of personal justice.
District Attorney Cole submitted the Law bearing
upon the case and his Honor, Judge Barr stated
that it was very evident that Bell commenced the
afiray but. under the CIRCUMSTANCES he felt bound
TO hold the defendant to BAIL and would ii the sum
at e5,doo. which was readily given, Dr. Pearls and
Frank Hereford gong "n the bond rs surc,les