The San Francisco call., 1896-08-11
Self.Defense Will Be the Plea
Advanced in the Old Mans
Behalf.
SLOW PROGRESS BEING MADE.
Each Side Is Proceeding Cautiously
and but Three Jurors Have
Been Sworn.

SONORA, CAL, Aug. 10.-It is doubtful
If ever in the history of TuoIumne County
as much interest has been taken in any
trial as was manifested to-day when John
T. Newcomer, charged with the killing of
the late Colonel Caleb Dorsey, was brought
into Judge NicolPs court. The promi-
nence of the parties, the property over
which the trouble arose, and the fact, so
far as now known, that no human eye
save of the principals witnessed the trag-
edy, contributed to make the case most in
teresting, exciting and important.
Dorsey was one of the best known men
in Tuolumne County and was respected
and esteemed. Besides his many property
interests here, he was an extensive owner
in Stanislaus and San Joaquin counties.
He took active part in all matters affect
ing the public, and at one time repre-
sented Stanislaus County in the lower
house of the State Legislature at Sacra-
mento. He was unmarried.
Newcomer has lived in Tuolumne
County for fourteen years, engaged in
mining most OF the time. He was born
in the South, and has a family now in
Texas. He is known to be hot headed and
quick to resent an insinuation and is re-
ported to have killed man in bloody
conflict before seeking home in the West.
Prior to the present trouble, his reputa-
ton in Tuolumne County for peace and
quietness had been good.
The killing took place at Newcomers
cabin, on knights Creek, and as there
were no witnesses to the shooting all that
is known of the tragedy is the story told
by Newcomer, who claims that he shot
Dorsey in self-defense. 1t is alleged that
Dorsey charged Newcomer with cleaning
up and appropriating the amalgam from
their mine without Dorseys knowledge.
Newcomer gave him the lie. Dorsey at
tempted to draw his revolver, but New.
conner, being the quicker, fired, as he
claims, in self-defense, and his old friend
and partner fell fatally wounded. They
were alone, the dead cannot speak, and,
therefore, Newcomers account of what
happened is all that will be known of the
sad affair doubly sad from the fact that
they were old friends who had both al
most reached life journeys end. Dorsey
was 81 years OF age and Newcomer is
over 20.
1t is believed that on the day of the
tied his horse and went into Newcomer g
cabin. There he entered into the dispute
which resulted in his death. 1t was ap-
parent that he was standing with his back
to the fireplace when the stooting oc-
CURED. Newcomer left Dorsey in dying
condition, locked the door and mounting
Dorsey's horse rode to the mine two miles
distant, where he gave the key to the cook.
Then he came to Sonora, gave himself ur
to Sheriff Yancey and was lodged in Jail
| At 10 o'clock this morning, when the
trial was called before Judge NicolI, the
courtroom was crowded to the doors. In
side the bar the defendant sat by his coun-
sci, Byron Waters of San Francisco, ex-
District Attorney Curtin and Judge Rob-
inson. Prosecuting Attorney F. P. Otis
was assisted by Special Counsel f. W.
! Street.
| Ali the day was occupied in exam.
lining jurors. of whom eighty had been
subpenaed, but only three were accepted.