The weekly Butte record. [volume] (Oroville [Calif.]) 1866-1887, 1866-08-11

! Found defendant standing at the gate; Mrs Smith
was on the sofa when got into the house. then
went TO the body OF Hastings; when | weat down
the lane, heard defendant say to his wie-''i viii
| kill you, you Cd id w-e,' He gave Stewart
4 no reason for doing v hat be did When got back
defendant counting the money from the trunk !;
/ Stewart and Hoyie at the house; Stewart and
/ defendant then went to the School House; were
gone but few minutes. and came back. This was
at or A. 81. Defendant was around the place
until Hickox came with wagon, and he went of.
Defendant left on Thursda and was gone until Sat-
urday night. He said he had been 10 see the Doc
tor. Defendant slept in mauy places -in the boys
house-on the foor-wiih. his wife-and in the
blra. MondIy ", Tuesday and Wednesdiy deienda ut
had worked the place sometimes in the shop,
and on the farm. Hastings did the same, but gen.
ally in the shop, except during harvest time
The shooting was on October 7th 65. Defendant
had been at home part Of the time; in June he left
for Idaho, aud got back in August. He said when
he left he would be gone three years. until be
made something. Hastings aud Mrs. Smit wanted
him to stay at home He left with Mr.. Trayerse.-
Hastings said he would be back soon as harvest
was over. He frequently went off mining and
would be gone a considerable time. Defendant
called himself the apprentice, as be had been srik
ing for Hastings.
A. HALLETr sworn: Was Justice of the Peace
in '65; held inquest the body of w. II. Hastings
When got to defendants house the body was in an
adjoining house to defendants. 1t had a shot from
right shoulder and down through the back; and one
wound on the top Of the head: both apparently
pistol shots. This was in Butte coanty October l.,
1865.
J. W. HoYLE sworn: Lived about 300 yards
from defendants house: my folks heard shots and
confusion, and went over: defendant was taking
work; spoke of having been to Orovie to see
about the matter. Saw Hastings body; it was ly-
ing about l25 yards from the house; his pipe and
hat lay near him on the left. Suppose he was 60
ing from the house when he shot.
Cross Examination: Stewart was on the perch
when got to the house: think the body OF II. was
l2j yards from the house; th place where the boly
lay could be seen from portions of the house, was
at home at time of shots, 800 yards off; did not
hear the shots; could not hear ordinary c)nversa-
ton from where H. body lay to my house; defen-
penses. Lond talk might be heard from where tn e
body Law to defendants house.
FRANKLIN HIcKox sworn: Lived near defend
ants house. Took defendant to Chico in a wagon;
defendant said he was not 81 mnch in tin as he ex
pected to be BY 500; he did not know what Will
lam had done with it; said William would not let
him have money enough to bny lead.
Cross Examination: Always heard the shop
spoken OF ; H,,stinss; defendant made objec
ton to going with me; said Billy was not to blame;
first said he had killed Billy in sell defense that
they had diff nifty and Billy was armed: after
that he said Billy had slept with his wife. Did no,
think him at all excited. except when he spoke OF
the killing of Hastings; Heard Hastings deny tina
he was in partnershipin in business with defendant,
and defendant admitted it.
6. W. CoLEY sworn: Knew defendant; had
conversation with him as to the means he had.
Objected to by defense objections overraled, and
exceptions taken.
Jast before the election last year, several p,rsons
were at the ferry at my place, and defendant
ted me to let McIntssh have some money so that he
could buy defendants horse; refused: defendant
said he had nothing to raise $50 from except a
horse; finally let him have the m lney.
H. SUNDERLIN sworn: was an officer in Chico
township; defendant was turned over to me-; took
sl2l from him; he said he got it from trunk; a
trunk was kept in the house, either his wite's OF
Hastings.
Q. What disposition did he make of the money?
Objected to as irrelevant, objections oyerruled,
and exceptions taken.
4 I uot An prdar fror, de.anjant IN nav he
money 10 Juds Lewis Il, an Attorney.
Cross Examination: did not pay the
uey on the order; have it in my pocket. l met
him about noon; | brought him down to Oroyille,
and gave him To plaintiff on commitment. He took
the money from L trunk that belonged to Hastings
which Mr>. Smith hal charge of, or trunk of Mrs.
Smiths which Hastings had control of; he said
the money was his, and ne got it bv selling Samson
stock: this worthless.
Direct Er.: He wanted to get TO Oroville, for
fear that some citizens might take him from the
officer.
\. J. CRuM sworn: Live at Dry Greek; saw de-
fendant the day before Hastings was killed; came
to my house on foot; had bottle OF liolor: took
drink from the BOTTLE and then water from the
couuterof the bar; asked for pen and paper; he
said am nervous; went 10 dinner: he then wrote
letter to II Smith. He said he was crazy; | said
no he did not act like crazy man; he said yes ,
and you will hear of it in day or two. thought
he was inebrated.
Cross Examination: Have known defendant
several years by sight; he came just before dinner
and stayed until about P NJ, then got on a wag
on and went towards Chico. | have seen some era
" Elen; defendant did not seem crazy; met defea-
dant frequently but have no intimate Acquaintance
with him. Cannot say now who went away with
him, but knew at the time.
Here the prosecution rested.
Counsel for defense stated the case to the Jury.
0. P. STEWART sworn: Lived on Pine Geek in
October last 200 or 3os yards from defendant;
heard the shots, ) orc seconds between the two
shots. ran up to the house, passing Hastings on
the way and spoke to him: he still breathed. ite
and myself were at the house first and met defend
ant; he called me by name and presented his pistol;
closr that ran to him; he said Do you
see what hare done p l said-.I saw Hastings
dead. Did you Kill him - He said-~Yes. Didn't
Do right" made 10 reply. Hite asked why he
did it Defendant said-'Ask no euestions."-
Then he gave me the pistol and gave himself up to
me. he wanted some papers from the house. and
stopped al the boys hol>e and gotta drink; he ent
-~-4 10 h,r.=