Year: 1861


Each subsequent insertion, w
Rf Business cards not exceeding four lines Of this
type, will be inserted for SO 90 aquarter





"Reminiscences of Early Days i'm the
region of Fosters Bar, Yuba County,
California.


The Justice asked the witness whether he
had an idea where the body was buried.
He said he had, but didn't know positively.
In answer to questions, he said he believed
the body was buried within the tent, and
that their bed was Immediately over the
spot that his reason for thinking SO was,
that the ground looked stained, and that
great deal of black sand had been sprinkled
over the earth in the tent; that on one oc-
rcasion be had raised up the edge of the
blankets to look at the ground underneath,
and was caught in the act by the prisoner,
who told him that if he ever caught him
doing so again, he would kill him.


The Justice put the witness under pretty
severe catechism, but failed to obtain any
thing Of contradictory nature. lie was
then turned over to the prisoner for cross
examination, which was exceedingly brief.


The prisoner was then told that he had a
right to make a statement explanatory of the
facts sworn to by the witness, or that he
might waive making it; that it was entirely
optional with him to make or not make it.
He elected to make the statement, and pro-
ceeded TO do so. He commenced as the
witness had done, at their residence in CAL
ayeras County their removal from there !;
their stoppages on the way up; gave the in
cidents of the journey, corroborating every
word that the witness had sworn to up to
the day the latter went to Fosters Bar on
the prospecting excursion. At this point be
deyiated from the testimony of the. witness,
and gave the same account of Daschers S
movements after Adriance left on that day,
as he gave to Adriance on his return in the
evening, before he was struck with the pick
helve. He said no murder had been com
mitted that Dascher was then alive, unless
he had died within a week that he had
seen man who saw and conyersed with
Dascher at Rabbit Greek that Dascher had
sent him word that he was WELL and was
going on to Rich Bar.


Such was the prisoners statement, and
every one who heard it believed that he told
the truth, and that the witness had sworn
falsely.


The Justice was in quandary. Every
EYE was directed towards him, and the i'm
mense crowd around him were hushed as
still as death, to hear his summing up.


He commenced by saving: " This is one
of the most astonishing cases | have ever
heard of, and | am greatly perplexed to
know how to act, or how to come to cor
rect conclusion. There has either been a
murder committed, or there has not. If there
has been, then some party is most guilty of
the foul deed, and should be brought to pun
ishment under the law. If there has been
no murder committed, then the witness here
stands before God and man as perjured
william; and he, if lie is sane, should suffer
an ignominious death. | have nothing" "
said the Justice, "but the evidence of one
man that a murder has been committed, and
that evidence is based entirely upon admis-
sions made by the accused. This of itself is
not sufficient to convict him of the crime.
| must have proof positive that man has
been killed before | can order fellow-belng
to be imprisoned and placed on trial for his
life therefore | shall hold the case open till
tomorrow at o'clock, P. NJ, at which time
| will render my decision, unless something
new is developed; and to the end that equal
and exact justice may be meted out, it is my
intention to send committee down to the
canon to examine for the dead body" He
closed by asking those who would volunteer
to 90 on this mission to step forward ana
give in their names. Five or six persons
gave their names to the Justice, among them
myself.


That night those of US who agreed to go,
assembled at the Justices office, and received
instructions from him what course to pur-
sue. Adriance should accompany US, under
the charge of Henry Hadden, who was
deputed constable for that purpose, and
whose sole duty was to watch the witness
for the Justice still believed if murder had
been committed the witness was the guilty
party. We were told by the Justice to per-
NIT the witness to take the lead in the hunt
for the place where the body was secreted
that if he pointed out the place very readily,
to mark his manner; that if the body was
found, to watch him when in the presence
of it, etc.


On the following morning we started for
the canon, the witness accompanying u.s.
On our arrival we told Adriance that if he
had an idea where the body was buried, to
point it out. He said he had not, but be-
lieved it was buried in the tent We entered
the tent, and found everything as he had
described it. We tore up the old tent-cloth
and probed the ground to the depth of three
feet without finding anything. We then
held council to determine what to do
The witness was greatly nonplussed, and
appeared detected. Some of our company
swore that they did not believe a man had
been killed, and that they had come on a
wild goose chase. The witness said, !" Don't
give up hunting | am satisfied We can find
the body" We finally agreed to scatter
out, each man to hunt on his own hook. A
man by the name of Carr, one of our num-
Der, found the place where the mule had
been tied up and sheared. In close proxim-
ity to this spot, he discovered some bushes
which had been partly cut off, and bent in
wards. These he removed, and found that
the ground had sunken considerably. He
probed the ground, and found that his probe