, 1872-10-31
A j.AL|F0RHIA TRAGEDY.


How q Brothcr-in-Ea7y Was Shot,
Guuued-Lctter from the Victim to
Els Wife.
F1o. tie sonoma Democrat Oct. 10.
In the examination before Justice NcGee, ct
Santa Rosa, Box, the defendant, gave the fol-
lowing evidence:
My age age is 80 years: born in Mississippi
been in Calfornia eince 1857. know Guthrie
since 1856; he married my sister, Saw him on
Sunday morning st half-past 10 o'clock. Ten
months ago the children were awarded to me by
The Probate Court, Judge Langdon On the bench.
The parents, both father and mother, wero al
lowed to visit them at reasonable times, and
them to my mothers place. He visited them
twice on Sunday. then bought lot
built house for them and their
mother, in order that they might go to school;
After living there three months, I concluded
this was not the place for my sister and chill
dren. My counsel advised me me- not to lot
Guthrie come inside Of the house, because it
YVES an obstacle in the way Of gaining her di-
eorce. My brother and then rented the Guerne
ranch and vineyard, and while moving he kid
mapped two OF the children. I took them from
him by order Of the Court, and the Judge said
he came as near the line of contempt as man
could not to. Ee then visited them ut the
Guerne place. On one Sunday the mother and
a1l the children we're at my mothers Placo,
about two miles distant, on O visit, and he came
there and started with the children to take
them back to the Guerne place. followed
Guerne place, for they would bother Mira.
Guerne. without their mother or me with
them. He than cursed me. and drew his pistol.
He then stopped with the children. Shortly
afterwcrd he sued out g writ for the children,
end swore he had no pistol On the occasion,
which could have proved to the Court by the
testimony Of the children The Court advised
me that it would be best for me to absent myself
from the place when Guthrie came, as We could
not agree, which made Guthrie think I was
afraid Of him. did not think at that time that
he would harm me. Tho Sunday before the
Peta1uma Fair found him there; he accosted
me in a rude manner, and SAID, " Sam, what gre
you and Jane going to do sbout this matter2" I
Of iaw concerning it, He then said, Il am 60
ing to have them two boys and as many Of the
girls as want to SO with me, or kill the last son
Of b-of you" M said to hun not to be ex-
you.' This took place in the corral. Then I
began to think my life WAS in danger, and sister
also put me on my guard, for he had threatened
me to her. The Sunday after this the children
him on the road, going to the place, with shot
gun, near Zane's place. He did not speak to me.
I met him again next Sunday, coming away from
the place with shotgun. Next Sunday told
With my hay. Asked them if they told him, and
they said they had, and he told them that he did
not g care d.; lie would do as he pleased u
Sunday before last, just as was going sway, he
arrived and shortly afterward my ncighbor, Cin-
ger came up aad asked him to get down and
taste the sweet wine. Said he would stop min.
ute. Went with Ginger into the houre, and
supposing the children we're not dressed, ne con-
cluded to ait on the porch Guthrie came up
with Fanny and walked into the house, With his
hand on his pistol
I forbid him, but he went in- And then he
came outside and said to me, fsName your game,
You cowardly cur I had no wespon, 20 sat
Still and made no move Then went inside with
When Mr Ginger left got on my horse and
rode around the ranch about two hours and met
him going away, on my return. then got
weary, ana concluded that would have talk
gun from mothers place, but had no shot.
sent for shot. concluded to stop him at the
gate and have talk, md tell him that the Dis
frict Court was near at hand, and that he and
sister would know who should have the children.
Last Sunday I saw him coming, picked up the
gun, which was at the head Of the bed, in shed
over the vine cellar. walked to the gate, and
as he entered the gate Of the little corral said:
':Wash., stop = want to talk with you" He
did not stop. He jerked his glove, threw his
hand to grasp his pistol, and fired aimed to
hit him square IN front, but he wheeled his
horse and I struck him Little to one side. And
that was the last Of Washington Guthrie. I
mother. I said to her, q hare shot that man
Guthrie" T than called to Mr. Fusier, and told
him that had shot Guthrie, and for him to go
out here. then left the place. -i.~-
JUDGE MaEE's DEcnloE.
In preliminary examinations Like this it IS not
to be expected that the same strictness IN form
ing decision as would be necessary at the
bands Of Jury WI be 9e4nlred ;,le g. u mE CUE
fully the circumstances, and i from them 1t ap-
pears to my mind that It the same facts we're
Submitted to Jury they would be warranted in
finding the defendent guilty, to hold him to
answel. And il it does not 50 appear, consld-
From the situation Of tie parties to this IN
fortunate affair, from the character Of the de-
ceased, and from the nature OF the threats
against the defendant by deceased, communi-
Gated to defendant, and from the circumstances
OF the killing on last Sunday, am forced to the
inevitable conclusion, as everyone must be who
has heard this testimony, that the defendant be.
Ieyed, and that he had a right to believe, that
the deceased intended to take his life; that be
acted conscientiously upon that belief, and killed
that unfortunate 1nsn in necessary seh-defence,
and is excused. think no jury under the sun
would convict him Of murder. I Therefore order