Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-03-13
THE EVENING NEWS.

THE EVENING NEWS.
HoN1cIDE.-On Sunday morning, be-
tween the hours of and o'clock, John
E. Doyle, of the firm of Goodman &
Doyle, successors to Wood & Wilson in
the bar business in Virginia, shot and in
stantly killed Benjamin Metcalf, who
used TO reside in Marysville, California,
and more recently in Nevada. The diff
Guilty occurred a, Goodman s Doyle's Sa.
loon, North Z street, and Mr.. Doyle was
taken in custody at once by officer Soule
ITO whom he delivered himself), who,
with officer GARRISON, held him in custody
until yesterday at 9 o'clock. when he was
taken before Justice SAWYER for prelimI-
until o'clock P. NJ. at which time the
question of bail being brought up. the
District Attorney, Dighton Corson, Esq,
asked for further time TO subpoena wit
nesses, which request was complied with
BY the Court, ana further continuance
of one hour was granted; at which time
the examination TOOK place at Justice
Savers courtroom. Below will be
found complete report of the same, to-
sether with the testimony of the wit
nesses. No complaint was lodged with
the court except an affidavit, as follows,
tiled by District Attorney Corson:
The State charges that John Doyle, on
the 18th day of March, A. D. 1865, at Vir-
sinia City, Storey county, did commit the
crime of murder by feloniously shooting
one B. Mecealf with pistol charged with
guE-powder and leaden bullets, giving
him a mortal wound, Of which he then
and there instantly died.
D. CoRsoS,
District Attorney.
EXAMINATION.
The District Attorney introduced as
witnesses for the prosecution. Frank
Soule, John Crosley and John Wood.
Here it was determined by the District
Attorney, and General Williams, who ap-
peared as counsel for the prisoner, that
each witness, for both prosecution and de-
Tense excepting John Garber), should be
examined separately, and apart from the
hearing. of each other. All witnesses here
left the room, being instructed not to con-
verse with each other relative to the affair,
Frank Soule sworn-Have been po-
lice officer in Virginia rendered my reSig-
nation to the Common Council last night;
am acquainted with both Doyle and Met
calf, the deceased was present at the time
of the shooting this morning; was attract
ed first by loud talk in the saloon; went
in and aScertained that Metcaif. the de-
ceased, had had trouble with, l think,
man named Brown Metcaf was
talking very abusive at that time; after a
while Metcalf and Brown apparently set
tied their difficulty, when Metcalf got to
talking with Doyle and called him q s.
of a b.; went to Metcalf and told him
not 70 talk in that manner, as Johnny
(Doyle) was a gentleman, and asked him
10 keep quiet he asked me if l had orders
from DOYLE to arrest him; told him I had
no;; he said il I had he would so with
me again told him l had not, and repeat
ed my request TO him to keep quiet; Met
calf then tried to borrow d pistol OF several
parties present; he went to the bar and
picked up tumbler, saying he wanted to
kill the s. of q b. behind the bar; Big
Jake then coaxed him out doors; very
soon he came back and talked badly to
Doyle; then Doyle shot him twice; It &C.
CURED between 3 and / o'clock this morn
ing; after the shooting Doyle gave himself
up to me, and l took him to the station
house az the time OF the first shot think
John Clark took hold of Metcalf, who.
upon being hit, reeled partly around;
then Jumped towards him, but the second
shot was fred before l reached the parties
and Me,calf fell dead; the deceased was
standing at the end of the bar next to the
cigar stand when the shooting took place;
l was across the room. near the stove; the
pistol with which the deceased was shot
was common Colts revolver, six
shooter; l gave the pistol to Mr.. Good
man this morning; just previous to being
shot. Metcalf raised his hand and called
Doyle id dirty s. of a b., and was
advancing towards the bar; did not see
Metcalf have any weapon except the tum-
bier referred to; there were ten or twelve
persons present; Doyle made no remark
at the time Of the shooting. previous to
which had tried to draw his attention so
As to have him request the arrest of Met
calf; deceased did not speak in very loud
tone, but talked mean and insulting after
being hit by the bullet he reeled around
towards the bar; just previous to the
shooting he called Doyle many hard
names: did not see Doyle take the pistol
from behind the bar-tirSt saw the flash
of the powder; the two shots were fired
very rapidlys think | was in the saloon
twenty minutes or more; Metcalf was
present all the time except when Big Jake
had him outside the door, some three or
four minutes; after Metcalf fell we tied
his feet together and closed his eyes; the
body lay on the floor about an hour, when
the Coroner, DR.. J. c. Tucker, who had
been sent for, caused tito be removed to
q back room in the saloon did not notice
where he was shot-think in the body;
do not think he breathed after the second
shot; did not see any one behind the bar
with Doyle.
Cross ADMINISTRATIONS to the shoot
ing. the deceased talked very abusiyely to
Dovle, and called him by epithets hereto
fore mentioned three or four times 1 took
him By the collar and told him to stop;
told him Doyle was a gentleman and that
ne had no cause to abuse him Testimony
the same as in the direct examination rela-
tive 10 a request for an arrest being made);
deceased Quoted for moment, and then
commenced in the same abusive language;
Doyle was very cool and collected. but
earlier in the evening, think, started to
strike him. but was prevented from doing
so By Clark saw deceased take glass
from the bar once, and supposed he in
tended to throw it; when Metcalf went out
think Clark was trying to quiet him by
talking to him; think Clark had hold OF
him when Doyle shot him; after ne came
in he walked towards the bar calling Doyle
dirty names (same as before reported !;
heard him ask several for pistol heard
him say he would kill the s. OF b
behind the bar; said it loud enough for
Doyle to hear him; think made similar