Year: 1866

snd then went back 70 the house: the light vas still
burning in my wises ROOM Miss Taylor in
her room; she had gone to bed before Hastings and
my wife had; her roon is 20 Zee, from nv wife's:
can't see the door Of my *ifes room IRON Miss rs;
Hastings RON does Dot open into the paror. but
on the porch; my wife's room is II by 5. has one
window and is lined with domestic is not pspered
window was covered with danask curtain nv wife
left the door open. When got up and went to ner
window the porch was in my drawers and stock
! ing feet; was not armed; the moon was coming CD
and i. was pretty light; | had fixed the curtain
before had gone out to my room while was in
her room with the coffee. ! saw Hastings in bed
with my wife; saw him go into lny wife's room;
l think the door was open; might have been there
| 10 MINUTES; did not her footsteps saw him get
into the bed and then I left, and went and got my
revolver. but did not offer TO shoot him; did not
make any noise bat went back to the barn; in the
morning | went to the house; don't know what
did with my pistol; be carried the lamp out of my
wife's room don't know that said ANYTHING
about it to any one the mex, morning; don't know
that saw my wife the next morning. bur think l
mast have seen her and spoken to her: I think the
conversation must have been cheerful; don't know
d tuat siihco " tue ot3S uot Win u3sliiS>, uuu
know that took breakfast in the house that morn.
ing; think Hastings had gone to Oroville, start.
ing before day; stayed at home until Wednesday:
1 did not talk with him about it when he came home;
did not talk to my wife about it while he
gone; on Thursday I came to Oroviile. l got home
about IL O'Clock Friday night on the stage; saw no
light in the house; did not watch that night; don't
know where slept; don't know that saw Has
'ings the next morning nor my wife. nor when
went to the house, nor that that took breakfast
/ with my family. nor of any conversation with any
one. After breakfast, when the bee house,
asked Hastings if there was any work to do. do
not know that thought this morning of the inf
deity of my wife, or of the wrong done me by II.
/ defendant was here asked to draw diagram of
the house. with rooms occupied by Hastings and
defendants wife. and explains to the jury the posi-
ii n of the rooms.l Don't know when got my
pistol that morning. did not remember of having
pistol. Hastings and myself were going along the
road together to look after some hogs: overlook
him after he had started; can't say how We walkei,
whether side by SIDE, or one ahead of the other
had my pistol on me; we walked together some 60
feet; at the slough be little ahead and went down
3
fired. had told him that he had had criminal in
tercourse with my wife, and then he said he ought
to have killed me year ago, and turned towards
me, and then fred.


Direct: When he turned towards me. he said
"D-n you! / ought to have killed you year
ago y and made as il to strike me, and then fired
The money in the trunk was mine.


/ j. B. THOMPSON. of Dayton. testified as to de-
fendants unsettled appearance previous to the ho-
mocide.


JoHS SHANNON testified to defendants restless
excited and uneasy appearance. Did not think he
had been drinking.


JOHN SHERMAN testified to witnessing criminal
intercourse between decease and defendants wife.
in the middle of the day in the of the latter.
Was arrested accessory to the homicide. and dis
charged upon habeas corpus.


Mas. CLARK sworn: | live in Nevada and have
lived there for three years: daughter Of the de
fendant; am 81 years of age, and married.
lived a, home until went to Nevada. First knew
Hastings N fall of SO on Mud Creek. He came to
our house from Fesenfe dts quite sick; sick fol
some time, and then went to San Francisco and
on his return stayed with us. He was not in part





for Nevada knew of Mother and Hastings having
intercourse. 1t WAS at Lincolns first election and
in Hastings bed room, in the evening. happened
to go against the door and push it open. and moth
er and Hastings were en- the bed. Saw it again
years after at the house, in her room, in the
ming; they in the bed together. | at
Chico weeks; went there account of dispute
with Mother; told her what had seen. Has
and went together. When was at home. Father
slept at the house, at the hotel, and at the barn.
Can't say how often he slept in the house, most OF
the time he slept at the ,tel or in the barn.


In the Gloss examination of this witness occurred
the following question and answer:


Q. Did you not say to Mr., Harvey that the family
had been disgraced enough, and that you would
clear your father at all hlzlrds


A. No. did not


The defence closed after the introduction of
some further corroboratve testimony. and the pros
ecution introduced rebutting testimony. We have
only room for portion of the evidence of


ANNA W. TAYLOR: l have lived at defendants for
about twelve years; he is my uncle. Don't know
that have been away but two nights since have
lived there Remember when Hastings went to
San Francisco. The period to which Sherman's S
testimony had reterence.] Mrs Smith part of
the time in the parlor, on the porch, and in the


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