Year: 1866

she was ever insaa MT, from trouble other
wise?


Objected to as incompetent irrelevant, and
objection sustained and exceptions taken.
Saw defendant last two or three years ago; knew
him from boyhood; have talked with the deten iaat
since came up here.


Q. Do you think he is of sound mind now2 wha:
is his conditi1n of mind now sound or otherwise?


Objected to as leading. and witness is not Al ex-
pert.


A. Isa different man now from what be was
years ago; he took me around the body, and said
was poor; an fatter; left him several times be-
cause did not wish to talk to him; his mind is
changed; don't think he is at all like himself


Defence now offered to prove by witness that the
mother of defendant was insane at different times
and that she died insane; that witness assisted in
taking care OF her at different times while so insane;
also that sister of defendants mother was insane:
that there hereditary insanitary in the family
which trouble or sickness would develop upon
them.


Objected to as incompetent and Irrelevant, and
objection sustained and excepted to-


JACOB SMITH (the Defendant) testified in his
own behalf as follows: My name is Jacob Smith;
have lived in California since SO; first knew Has
tings in November SO; be bought some hogs. and
then got sick and stopped at Tesenfeld;'s: went
tn see him; got MIN physician, aud brolght him
to my house; got him well and he went to San
Francisco; he was sick at my house for one or two
months; he had no money at that time; he came to
my house from San Francisco, and lived there; he
said if we bought the place, l might go to the
worlds end. and would find the family all safe
when got lack. We bought the place; Hastings
paid $3.50, and paid the balance of $500 in money
This in May, 1860. After that he wanted
$500, and l got it for him and the ranch was TO be
mine, and we worked it together. Hastings made
proposition for me to go Coso for mining pur-
poses he paid 500 and put in my time; went and
found mines; went back the second time, he giving
me another 500. l had 1900 bushels of wheat and
he had some hogs and we Joined stock and farmed
together; borrowed s235 in 1851 and gave it to
him and he went to San Francisco to buy black
smiths tools ne said he bought them and that they
were lost by the blowing up OF the boat; then sent
him barley and more money, and he came home
without tools; then borrowed some tools for Nc
lntyre had built shop; these We used until 1858





we bought some new tools. l went to Humboldt in
March, Ca he wanted me to go to examine some
ledses; was gone four Or five months and made
some money; the next spring they wanted me to go
South America; Hastings and my wife wanted me
to go; my wife offered me 500 to go. but refused;
then they got Traverse to 60 with me t. Montana:


was to be gone for three years: OF until made
fortune, when was to 60 the eastern States aad
send for my wife I'd f, n'ly. went t, ,ntlna;
Traverse told me that tstingi an my wife were
having criminal intercourse, and that fought IT,
home; got home about The lst of August and had
talk with my wife; she said | was crazy AMI de :
MED all intercourse with him. told her never had
said anything about it, she wanted NE to g away
again. bat wouldn't go: on the last Sally in Au-
gust. Sherman told me that he hld seen them in
criminal intercourse; talked to my wife about it;
she denied it, and then talked together aaolt
and she wanted to send Sherman away ana then
no one would know anything about it. After that
went to work in the shop with Hastings; few
evenings after we all sat there reading when she
brought the lamp for Hastings and he went to bed ;
after that she went to bed; I got her some coffee
and took it to her room; fixed a e in the clrtiin
so could see and saw Hastings and M wife in
bed together. After few days went to Oroville
and onSuted a lawyer and returned home. The
next morning we went out in the field together.
and told him what had seen; he turned madly on
me. and said that he ought to have killed me yea
ago and then shot him.


Gross Termination I crossed the plains in so;
owned the train; there were my three ons. wife,
daughter, and some 80 men; got TO California IN
October, SO; first saw Hastings in December; he
nd myself and others bought about 500 hogs; the
hogs were started for Weaver; Hastings taken sick;
the hogs were sold in about six weeks; Hastings
was sick before the Others got back and took him
to my house, went for the Doctor ana got medicines
lie had no money; Garner spent all the profits de-
rived from sale of the hogs; when he got we'll he
went TO San Francisco in the fall of 1850 we ent
into business in partnership and became oint own
ers: we sold wheat and hogs; he got the money and
used it to pay his debts; never got any of it. ex-
cept for the use of my family. Traverse is in Mon
tana. so is the other man. In September, 1861
b orruwed S235 for Hastings TO buy tools with; he
had nothing bat what l furnished him My wife
and Hastings wanted me to go; the first PROPOSE
ton to 60 did not come from me but can't say
who made it; spoke to Hastings that my wife
wanted me TO go to Montana; asked him what he
thought of it; he said would get man to work in
my place on the farm; he said ii was good pro-
ject. The conversation with my wife was before
this; got to Boise in July; had a terrible feeling at
fhe heart, for a few days-a feeling 10 get home;
told Traverse had this feeling: he burst into tears
and said-there is something wrong; that my wife
and Hastings had criminal intercourse, and had
agreed TO send him money If he would put me on t
Of the way; can't find Traverse now did not bring
him back with me; he said my wife would not deny
it. got home on the 10Th of August; my sou had
a letter from him since he got 10 East Blnnock;
[witness shown letter;l is not the writing OF
Traverse. From '6l TO 81 was at home most af
the time, and we all lived together as one family;
the last year Hastings was ugly to me; he propos-
ed TO to go to Coso; he got $50 and gave me as
against my labor and | went at his request; only
my wife and himself were present ST the time. In
March 81. | went to Hamboldi and got back in
April; went again in June, and after M return
stayed at home until the next spring. got sl025
from sale OF Sampson stock; sold some to Jshn
Size, don know how much, and some 10 Ed. Pond,
don't know how much, but think sold for 81 per
foot. and think Pond got $50 shares; this was in
the fall and wiater Of IS; can't say ii any one was
present; be gave me his note for sl00 and credit CT