The San Francisco call., 1896-08-14
NEWCOMER GAINS
SONORA FRIENDS,
Changes Public Feeling by
His Story Of Dorsey's
Death.
SHOT IN SELF-DEFENSE.
His Life Threatened by the
Aged Mine-Owner During
a Quarrel.
STORY OF WITNESS KOCH.
The Defendant Charged by His Partner
With Having Stolen Bullion
From Their Mine.

startling testimony were to-day's pro-
ceedings in the trial of John T. Newcomer
for the murder of his aged mining part
ner, Colonel Caleb Dorsey. The defendant
took his place on the witness stand and in
straightforward manner, but with con-
siderable sho W of emotion, gave his story
of the killing. On first taking the stand By
ron Waters, one of his counsel, admonished
him to take his time and not get excited,
as his evidence meant much to him, and
he replied: 81 will not. l am willing to
stay here, if necessary, six months" At
another time during the giving of his evil
dence he remarke d: 81 will tell the truth,
If it puts rope around my neck"
IT did kill Colonel Dorsey" were New
comer's first words. ION the day of the
shooting I went to the mill and saw Ed
ward Dorsey and the colonel. We both
said .Good-day' to each other. / asked
Edward if he would lend me his mule, as
/ wished to go to Sonora, and l remarked
to the colonel that l wished to have re-
ceiver appointed for the mine. He and I
then walked to the cabin where the shoot
ing took place. On the way we talked
about the mine, and when we got there
we both took seats, not quite facing each
other. l said:
"'Colonel Dorsey, am going to town
to have a receiver appointed. Is there
any person in Sonora you woold like to
have trusted with the gold2'
He said to me: You have stolen
enough gold. / will handle my own gold
hereafter
II told him be was a liar. believe /
used a stronger expression. l generally
do when man doubts my honesty or ve-
racity. He reached for his pistol with his
right hand. l was sitting on chair. My
pistol was in my hip pocket, and 1 jerked
it out and shot at Colonel Dorsey. | can't
say how many times l shot. God only
knows how many times; l don't"
1t was brought out that the reason New
conner had a pistol that day was that he
was going to Sonora that morning, and,
and man had been murdered on it once,
he always carried weapon while travel
ing over it. The aged defendant ex-
planned his reasons for telling Edward
Dorsey that the colonel was cutting wood
for timber after the killing, when in fact
he was lying cold in death. He did not
want Edward to 60 down to the cabin and
get his uncle's pistol and so he went up
to the boarding-house told the cook the
true facts, and told him to look after the
| colonel and see that the pistol was not
carried off by interested persons.
When the trial closed for the day New
conner was still on the stand, undergoing
q most searching cross-examlnatioG, but
| the old man did not contradict himself in
a single point. His story has created quite
a reversion of feeling in his favor, ana it is
now the general belief that he is likely to
| be acquitted.
The first witness called this morning
was Joseph Harrison, who testified to
| statement made by Edward Dorsey after
the killing, to the effect that he Dorsey
| had thought of telling his uncle, Colonel
Dorsey, not to bother the ''old man" any
more, "because," he said, II was sure the
old man would shoot; but -, no one
ever got the drop on the colonel in his
life, and thought 1 would let them go
ahead"
George A. Koch, mining engineer of
San Francisco, testified that he knew
Colonel Dorsey we'll. He made his ac-
quaintance in 1881, when he inspected the
Dorsey mine, and while doing so met q
Mr.. Elliot, who was at that time Dorsey's
partner.
81 had conversation with Colonel Dor
sey in front of the Masonic Temple in San
| Francisco on Sunday about eight or ten
days before his DEATH" said Koch. 1--WE
had got pretty well through our converse
ton in reference to the mine. His mill
test was not satisfactory, and he said he
was going to see that it was better. / saw
he was a little vexed. I was about to leave
him, and as left said, Give my regards
to your old partner-Elliot.' Dorsey made
the remark that Elliot was not there any
longer. He had bought Elliot out, and he
then had another partner. Dorsey said
the new one was thief and he would 'hx'
him. We parted agreeing to meet each
other the next day at the Palace Hotel. /
never saw him alive again"
This testimony came as a fash OF light
ming out of clear sky to the prosecution,
and created a stir in court. The witness
was asked by the prosecution how it was
that the defense knew of his testimony,
and he explained that on the day after the
shooting. seeing accounts of it in the San
Francisco papers, he remembered the con-
versation, and knowing that the colonel
was a hot-headed man and had many
friends. and that possibly the man who
had shot him in self-defense had none, he
thought it his duty as q citizen to inform
the Sheriff of Tuolumne County of the
| facts, which he did. Here the letter sent
by Koch to the Sheriff was produced, but
it was not admitted in evidence, as the
witness testimony made it unnecessary.
|