Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1876-06-01

Az this affair has occupied the atten-
ton Of northeastern California to great
extent, We give the following additional
particulars 40 drawn out BY the evidence
in the case. We quote from the Lassen
Advocate Of Saturday last:
In the examination OF Lsith and Thay-
or this week before Justice Blake much
more testimony was introduced than We
can admit in our columns, but We will
Diva the evidence substantially ~ 1t Was
given by the prosecuting witness. rover
and will note the points VII srsln 1t dill
tered from that of The German who vas
With Lsith's party. Powers testlned
substantislly a. follows: That on the
morning of the occurrence, the two hay.
dons, Bartlett and witness started toward
tho ditch where Leith's party were ~
work, with . view to talk over the mat
tor of digging the ditch; that the elder
Hayden had . muskst in ono hand ana :
tin OF water in the other, the balance OF
the party having no weapons; that the
witness was taken from his work to hear
| what might be said. and that when the
elder Hayden. who led the party: ~.
rived within thirty-6vs or forty yards OF
Leith. he, Lsith. fred at Hayden With :
double barrsled shotgun, at which Hay
don fell, and raising again, said, SHOOT
again. " which Lsith did. killing him i'm
] msdiatsly. Tho younger Hayden seized
the gun that his father had brought
there. rushed upon Leith, using the gun
IS ! club. and, striking him, the gun
was discharged into the ground. Thsysr
in the meantime fred several shots at
Young HAYDN with pistol. and ~
Hsvdon struck Leith, he, Thaysr, struck
| him two or three times on the head with
his pistol, which finished young Hayden.
Bartlett. being near by Lsith, then took
the Havdon gun and struck him blow
mon tho head which knocked him down,
and the witness, Powers, ran away.
Bartlett died in about thirty-s'1 hours
and a nos. mortem examination discov'
erred ,hst his skull was fractured IN foul
different places. The German IN hl'
test;monv differs from that of Powers 10
the following particulars: That the Lett
party went to work upon the ditch armeo
With A double barreled shotgun and pls-
toll to defend themselves; that the elder
Haraon came there first alone. and askeo
Lsith if be still intended to work upon
tho ditch; that Leith replied that he did
Haydou then told him that he would &C
and bring up his crowd; upon his return
followed by tho others OF his party. Lett
ordered him to halt or he would shoe;
Haydop told him to shoot and be ID
and snapped his gun at him. but dld moi
discharce it; Leith, at almost the same
moment. shot Hayden with ono barrel Of
his shotgun. which brought him to the
ground to rise no mote; young Hayden
then took his fathers gun, and rushing
toward Lsith, discharged the gun. as he
supposed. at Leith, ne. however no,
seeing the act. as he was running TO SCI
out Of range himself. His further testl'
mony as to the death of young Hayden
was substantially the same as that OF
Powers. In regard to the death OF Bart
lett. he only differed from Powers IN thai
no claims to have seen Bartlett IN the
act of raising a grubbing-hoe. The
pbysicians who conducted the post NOR
tenn examination found that Bartlett 1
skull was fractured in four places, and
that Young Hayden had three or four
cuts DON the head which penetrated to
the skull and could not have been n ade
with . pistol. All these are unaccounted
for by any evidence. Powers, however,
AZ soon as Bartlett fell, ran away and
might not have seen it all, but the Ger
man remained until the entire party
gathered up their tools and left the
ground. The general impression is that,
considering the old man Haydon's INA
bili.v to distinguish individuals at ten
feet distance. and the absence Of any
| arms in the hands OF the others OF his
party, together with Bartlstt's great age
and feebls health, there was really no
necessity of bloodshed at all. much less
to kill the aged and invalid old man
Bartlett.