Amador ledger., 1907-04-19
TRIAL OF JOHN McGREGoR.
On Grand larceny Charge.

Huot of S3l0. in gold coin in the
vicinity Of Plymouth on the night Of
January a.. 1907, was commenced IL
the superior court Monday morning.
The jury was selected during the
morning session. District attorney
Vicini conducted the prosecution,
and w. q. Snyder attended to the
defendants side of the case. The
evidence was purely circumstantial.
The following named persons were
sworn as Jurors to Try the issue !:
JOS. Ii. Dover, D. Gilchrist, r. y.
Mexican, VIM. Mattley, A. S. Hart
wick, Thos. A. Maher, j. ID. Nichols,
Chas Childs, W. s. Weymouth, Jas.
+. Allen, Joseph Ellis, John a.
| Stewart.
Jos. d. Huot, the complaining wit
ness related the disappearance of the
coin substantially as follows:
He was sent by his father, Felix
Huot on a mission to buy mules
across the border of Ell Dorado county.
DE reached Plymouth on the night of
January Oath. with sack of money
containing 1915, all in gold coin. He
changed So gold piece to pay for his
supper at the hotel. and put the
change in silver in the buck k-skin sack
along with the other coin. He visit,
ed two or three saloons and partook
of several drinks, and met McGregor.
He tied his horse in the street, and
between and O'Clock McGregor of
his own accord put the horse in the
stable. While in a saloon drinking,
be took out the bag of money in the
presence OF McGregor and others and
dumped it out on the counter to get
the silver to pay for the. drinks. On
finding that his horse was in the
stable, he told McGregor to get 1t.
The latter said he would if he would
go home, which he promised to do
1t was between 10 and IL o'clock when
the horse was got, and he mounted it,
He was sure he had the money on
him when he got on his horse. This
was corroborated by another witness,
who said he heard the clink OF the
coin when he mounted. He invited
McGregor to ride, and the latter said
be would as far as his own house
The two started off. A portion of the
way McGregor rode with his arms
around Huot's waist, as il to hold
himself on. Passing McGregor's
home, some so yards, McGregor fell
off, and went no further, but walked
homeward. Huot continued his jour
ney homeward, and after going 300 or
400 yards further, his horse SHE'D near
the Wooltord place, and he fell off
When he picked himself up, he
noticed that his money was gone. He
lit matches and searched In the road
way where he fell off, but found no
trace of thu money, or the money
sack. He then went back to Ply
mouth, and tried to get bed for the
night, but found the hotels closed,
and so he passed the hours until day
light walking around, and trying to
rest on a pile of sacks in front of
Rosenwald Il Kahn's store. Did not
20 to MoGregor that night to inquire
about the money, as he thought he
would be in bed. Saw McGregor
next morning, and told him he had
lost his money. Inquired of others
if they knew who he had left his
money with the night before. There
was S310 in the sack. Did not charge
McGregor with taking it next morn
ing, but told him of its loss. Took
breakfast at McGregor's home on the
morning of the 18th, with his family.
McGregor said he would go with him
20 look for the coin. McGregor also
asked him not to mention that he
had been with him the night before,
as be MGregor had bad rame. Told
constable Wheeler and also telephoned
the affair to sheriff Gregory. The
money was in his left pocket. 1t was
his fathers money, although he had
told parties 1t was his, as 1t was in
his possession. lie was satisfied Nc
Gregor took it. Did not know where
the money was now.
Ihe defense put in very little testi-
mony. Indeed, from the nature of
the case, little could be done beyond
the denial of guilt which was includ-
ed in the plea of-''not guilty.
The testimony was all finished
tuesday morning. And the argu
ments pro and con were concluded.
about O'Clock. The jury retired
shortly thereafter to deliberate. Six
O'Clock came and the jurors called
for supper. 1t began to look that a
mistrial would be the outcome. Afte,
supper. however, the jurors were not
long in reaching a verdict. About s
O'Clock they filed into court, and re
turned a verdict of "Not guilty" and
the defendant was discharged.
The verdict was approved by nine
tenths of the people who heard the
case. On the first ballot the jurors
stood eight to four in favor of
acquittal. The last ballot taken be-
fore supper was ten to two.
VIM. &. Snyder, the defendants
counsel, was congratulated upon the
outcome. 1t was his first case of a
criminal character that he undertook
| entireIy alone And he handled if