The weekly Butte record. [volume] (Oroville [Calif.]) 1866-1887, 1866-08-11
Trial of Jacob Smith fac the Murder of W
Ii. Hastings.

In the District Court, Second Judicial District.
July term Hon. w. T. SEXTON, Judge; S. RosEN-
BAUM District Attorney, assisted by F. NJ. SMITH,
Esq.; J. NJ BURT. Esq, of Butte, and Hon. JESSE
o. GooDwIN, OF Yuba, Counsel for defendant.
The trial came on at the July Term, Monday. Ju-
ly Soth. The following Jury WAS empaneled to try
the cause: l.. Z. NoRsE, J. 7. JOHNSON. j. MEAcH
AN. GEo. SHAW. r. EccLEsroS, s LAWYER, j. BIG
LER c. REANALL. j. II. HoAD, A. B. kSErPER, A.
TAYLOR, W. Il. DopGE.
After the panel was completed and sworn the de
fense offered to interpOse peremptory chlllenge to
ono of the Jurors. The Court stated that the chll-
leuge would lie allowed for legal cause shown; de
fense refused to show any cause and Court refused
to allow such perempiory challenge to be inter
posed. Defense excepted.
Clerk read indictment to Jury and stated plea of
Defendant. Case opened by District Attorney and
evidence introduced for the prosecution:
SHERMAN SMITH sworn: On the 7ih Of October
last the day Hastings was killed, was at home
Father and deceased were at breakfast talking and
laughing, tn / morning usual and tather asked
II, how he got along in the shop without an ap
prentice. meaning himself, and II. replied very
we'll. Mother went to the smoke house to fix some
meat Hastings wanted me to go an1 see about
something in the barn. Hastings and went out
together. After passing through the gate we part
ed. Saw Father come out of the gate and follow
II. Soon after heard pistol shoi-I looked round,
and saw him fire the second shot. He ten or
twelve feet from the body of II towards his head
II tell about forty steps from the gate. Cousin
called 10 Mother that Father had killed Hastings.
Mother went to the gate and screamed, and Father
started after her; she ran and he called after her,
''Yoa Cd id We will kill You too" When
she got 10 the porch of the house she met him and
caught his clothes. He struck her with the pistol
and knocked her down. aud told her to confess tina
she had dishonored him with Hastings She said
she would not die with lie in her mouih-that if
she had 10 die, She would die with the truth. He
then dragged her into the house and placed her on
the sofa, and said it she so, mp he would blow her
d-n brains out. He then went into room and got
trunk. told her to give him the key; she gave it
to him. and he took the money from the trunk and
put il in his pocket This was on the sth of Ucto-
Der last, in Butte county.
Cross Examined: This was in the morning :
some or o'clock. Mother told Hastin 6 that she
wanted me to go into the field. II said he would
so along. went TO the barn to turn out the COWS.
Was not booking at H. when the shot was fired: he
had fallen when looked; saw Father shoot the
second time; he turned Immediately at the scream
of cousin; she was in the house, from the gate to
the house is about . steps; was open plain, but
some houses hetween Il. and house. When Father
fred the second time, he said-"Take that. you
Cd id son Of a b-h." ! could hear the Ian
i .-a., 7
have been more than 10 OF so steps from Hastings
20 the hoase. heard cousin call TO Mother. Fa-
ther ran right back tc the house; Mother ran; when
he caught her he struck her with the pistol and
used the language before stated. Mother, cousin.
sister and myself and none others, were there
Hi;e and Steway: first came to the house; Hoyle
came in few moments alter; Father did not get
the money unt,l after Hoy;e came. Stewart aai
Father remained together after that for sometime,
and left there for Chico that day.
ANNE W. TAYLOR sworn: On the 7th Of Octo-
Der last lived a, Smiths house; Smith and Has
,ngs took breakfast together spoke OF work in the
shop and Of the election; spoke OF the Doctor and
Of defendants aiment. Mother went to see abou:
meat. and her went 10 the field. heard a sh OF
and asked aunt what il meant, Heard defendant
say-"Take that. yoa Cd id sln Of B-h !.
When came 70 the gate defendant was there
Stewart came; defendant asked-"Dii you set
what have dons = said saw Hastings dad
did you don't? He said-"Yes; diR'. d. right
Iwen. TO Hastings; he lay on his back; his pips
lay near his mouth; his bat lay by bis side; hi
was dead. thought. When got 10 the house de
tendan; was counting the money taken from ;h'
trunk.
Gross Examination: II is but short 6is:ane,
from the house to where Hastings lay. Did not Sc.
defendant st time of shooting. Defendant jus
USE! the words IS the shot was drcd. TsDswsy t