The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-05
Desperate Battle Following a
Quarrel Between the
ProspectorS.
CONFESSION OF THE VICTOR.
The Body of His Adversary Buried in
the Mountains-Sentenc to
Life Imprisonment.

SONORA, CAL, Sept. 4.-Hugh McMil-
Ian, the miner who murdered M. o. Swan,
with whom he was prospecting in the Jaw
bone country, in Rosasco canyon, last
June, was sentenced to-day by Superior
Judge Nicol to imprisonment for life at
San Quentin. Mcmillan on Tuesday made
the following confession:
got acquainted with Swan at Browns Flat,
this county. I told him had just come from
the Dorsey mine, and he asked me if 1 was
going into that country again, and asked what
show there would be to get a job there. 1 told
him thought he would stand good chance,
and that L was going there again as soon as
could buy couple of burros. He asked if he
could go with me and told him eyes"
We bought two burros and started out and
went up Eagle Creek and over to Little Mead
ows and camped. The next day we went to
the north fork of the Tuolumne River and
camped. We had quarrel. He told me he
thought did not know anything about pros
pecting and that we were out of the mining
belt, and hard words passed between u.s. 1
offered to give him $40 and let him go. He
would not do it. The next day we went on to
Lords place, and the next day we went over
to the middle fork of the Tuolumne, where we
had some difficulty in crossing. Swan lost
some of his clothing and came near drowning
had crossed the stream with the burros and
he started to come over. The current was so
strong that he lost his footing and got back
on the same side again. then went up the
stream and found log crossing and went over
and got him up to the crossing. The water
was running over the center of the log He
was very timid about crossing on it, and 1
packed his gun and oYeralls over and then
helped him over.
We lost the regular trail and went on an
old, dim cattle trail, and about o'clock we
camped. 1 went to work 10 unpack the ami
mails and he laid down. Then started to get
supper. After we had eaten supper 1 went to
work and loaded Misunderstanding gun that 1
had. 1t was leaning against a tree and his
gun against another tree about ten feet off. 1
started to see if 1 could find trail leading to
what I thought was the south fork of the
Tuolumne River Seeing his gun was the
shorter and handler to carry through the
brush asked him if 1 could take it. He was
agreeable, so took it and was gone about en-
hour and a half.
When got back to camp put the gun in
the same place had taken it from. 1 told hin
had not found the trail He said: "You
haven't found it and you don't intend to find
it," 1 said to him: ''Now, I don't want to
quarrel with YOU" He grabbed my gun and
jumped to the tree and grabbed his gun He
fired as I was going around the tree, and I
fired at him as quick as got around the tree
to see him and shot him in the stomach. He
loaded the gun and turned partly around and
1 then shot him in the head. He fell to the
ground on top of the gun.
After few minutes I took the gun from
under him and found that both barrels had
gone off They must have been discharged at
the same time, as 1 heard only one report. I
waited about half hour, not knowing what
had best do, and concluded to bury him. So
picked out place about $50 yards off and
dug hole and packed the body there and
buried it. His clothing that was in a sack
kept and all his other clothing burned up.
l then packed up my animals and left the
place and was lost in the woods for three DAYS
before got back to Lords place. then came
to Sonora and went ON down TO Mariposa
County, and was arrested q few days later by
Sheriff Lee Price and James Donohue.
The defendant is thoroughly well sat-
isfied with the outcome of his case and
believes himself very lucky in saving his
nack