Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-08-21

was endeavoring to save his property he was bru-
tally shot by one or more OF tine masked men that
they present there. These facts, taken in con-
neetion with the testimony OF Austin Brown, con-
cusively establish the guilt of the defendant, and
also establish to certainty the truth of what Jones
swore to on the trial Of Sprague. Austin Browns
testimony was in effect, that time previous to
the murder OF Mr.. More he had conversation with
The defendant Sprague, and in that conversation
sprague said to Brown that More fought to be
killed. and would have been long ago if any had
about two weeks before More was killed Sprasue
came to his place and said after some con-
| yersation, that he had come to see Brown
about killing More that's a nparty had
been organized for that purpose, and that he
desired Austin Brown to join the party. Brown
declined, but asked who the party were. Sprague
answered, John Curlee, Jesse Jones, - Swan
son, Henry Cook Mr. Churchill and myself Brown
then asked him how that was to be done. Sprague
replied, ave have it all planned and settled We
have ball saturated with turpentne and when
fired and thrown into the barn it will set his barn on
fire and draw him out, and then l can kill him"
Brown told him that they would see and know him,
and he answered: "No. We have disguise, -
which he explained to be
GUNNY SACK WITH HOLES
Cut in it for the arms and head-"and you throw
cloth over your head and they will not know you
He further said " will do the killing, and all We
want Of you is to stand guard sprague then ex
planned to Mr. Brown that he had selected place
near little slough between his house and Lawtons,
where they were to meet at about 10 O'Clock on the
night of the proposed homicide The signal
Of any of the party approaching was to be
low whistle and upon giving that he was to be con-
Quoted into the place of meeting. This threat was
fully verified The burning Of the barn, the men in
disguise with sacks upon their bodies, and cloths
their heads-were all shown TO have been pres
ent at the thine of the killing; and the burning OF
the barn. taken in connection with the testimony OF
the three witnesses who were present and witnessed
the commission Of this dreadful crime, shows as
complete a verifcation of the threat in its every
detail, as made by Sprague to Austin Brown,
as could have been done the threat had been writ
ten out and Systematically followed to the letter 1t
is hardly necessary to say that testimony Of this
kinda threat made, testified to by credible wit
ness whose character cannot be impeached, and
its subsequent complete veriacation-is testimony
conclusive because II sprague did not do this thing
and did not know it was going to be done, the evil
dence Of Austin Brown shows that he is a prophet
and could foretell a coming event threat that
man will do thing in particular way, at a partie
ular time, and in particular place, when accom-
pished, is the strongest evidence that can be pro-
duced-is evidence that must be, by all reasonable
men, considered conclusive OF the fact II this were
all II would not require stretch of conscience for
person to say that any fair jury would convict the
defendant But another Witness whose testimony
was taken at the trial. rendered the evidence still
more
CONCLUSIVE AND CONVINCING.
This witness was Nimrod Fl. Hickerson. who testi-
fled on his dying bed that day or so after the
murder Of More he and Sprague stood guard at
night between sprague's house and the Sespe creek
to repel reported mob that coming to mob the
lower part OF the settlement and that while stand
ing there sprague stated that More to his death
by gun-shot wounds; that a party OF citizens OF
the Sespe had gone to Mores ranch house in the
middle OF the night that they found everything
quiet and the inhabitants apparently asleep !;
that they, or some # them, had proceeded to
the back OF the barn and had set it on fire ; that
thereupon More and Ferguson had come out to the
barn. apparently to secure the property from fire ::
that while carrying out handful OF harness, after
releasing some horses, some one had fired shot
whether at More or at random he did not know !;
that Ferguson seeing the condition OF things before
did lhalooed to More to run for his lie that
both Of them out at the back OF the barn, More
being behind, but as they ran out somebody fired
shot, and he thought he saw More clap his hands to
his hip, and run If he was hurt, some $50 ards,
I'd then fall upon the ground that he (sprague),
Curlee and Churchill ran to where More fell that
More was lying partly supported by his elbow, and
asked them for Gods sake not to kill him, and then
he laid back on the GROUND, and put his hands over
his face, when Sprague said to him, "God damn
you, die - And at the time he fired rifle
ball through his forehead which killed him in
stantly. Thus, it viii be that aside from the
great mass Of testimony, covering some 1850 pages
of closely written matter upon legal cap paper the
testimony Of these
FIVE WITNESSES,
Throwing aside the testimony of JONES' who is said
to have testified falsely, is sufficient to convict
Sprague beyond any question of doubt, of most
brutal murder. This testimony shows that he said
he would go there masked with other men that he
would get fire to the barn and that he would muir
der More while he was seeking to save his prop
erty. This testimony also shows that he did
go there masked in company with several
other men that he did ignite the barn: and that
he did murder More while he was undertaking TO
save his property. And this testimony also shows
that after the killing he confessed that he had gone
there masked and in company with several other
men that he confessed that he had set fire to the
barn; and that he confessed that he had killed
More while he was undertaking to his prop
erty. Stronger testimony possibly was never pro-
duced in criminal case, and il it is to be conceded
that Mr.. Jones' testimony is not to be taken into
consideration in determining the guilt of Mr.
Sprague, this testimony alone, whatever might be
the testimony Of Mr. Jones, and though it were
left entirely out Of the case, is
SUFFICIENT TO CONVICT HIM
Before any jury of impartial men. But 1t is fair to
presume that Mr. Jones testimony not false.
de testified that Mr.. sprsgue went to the place OF
meeting that he described in his conversation with
Austin Brown; that they there put on the masks
that Sprague described to Brown ; that they then
went in company TO the barn with the understand.
ing that SWague to do the killing, as Sprague
had previously told Brown ; and that they ignited
| the barn of Mr.. More, and that NJ. Sprague
did murder Mr. More while he was undertaking
to his property, he had Threatened to do in
his conversation with Austin Brown. He described
the homicide as it was described by the Chinaman,
by Ferguson, and by Juan olivas; and his testi-
mony being so perfectly in conformity with the tes
| tmony OF the other witnesses whose credibty
cannot be shaken, and perfectly in conformity
with the facts of the afterwards demonstra
ted by an inspection of the scene of the homicide,
leads rresistsby to the conclusion that instead
OF testying falsely at the Sprague trial. he was by
means at this time unknown, and probably never to
be learned, prevented from giving true statement
In the Churchill case But the evidence in the other
cases. and the facts, show that when Mr.. Jones was
produced in the Churchill case counsel for defend
ant had succeeded in obtaining from him an afi
davit, which he held over him with view to com.
pei him to testify in conformity with the statements
| therein made and that the affidavit, not proving
sufficient on the first trial Of Churchill, the next
time that the witness was produced
THE EXTRAORDINARY FACT
OF pentent witness having placed himself in the
position Of allowing statement to be forced from
him by another and subsequent and stronger Aft
dayit was brought to light Jones intended in
good faith to correct false statement, it strange
thing that he allowed the defendants to force from
,olI \