March 9, 1883 (4 pages)

. THE C = ae ae 2 a on, ‘ices rtis rr A.M. and 4 Pp, M. Francisco, ot 6A. mM at6 a. M. ‘uan, Campton. daily (Sunday po ard excepted cepted) and bck Tuesday, Thursa Li ,at 6 A.M, ttle York and Dutch Flat ednesday and Friday, at 6a. m. Tomas Mztn, P. mM. _ Seeeenereenmesemoesnememenrsornmenser \ WHAT THEY ARF DOING. Personal and Secial Items Gleancd Mere and There. Oscar White, traveling agent for the Giant Powder Company, was in town yesterday. ; Dr. Hughson is suffering very much from rheumatic pains, having been confined to his room for two or three days. Adam Smith, Esq., an old resident of Nevada county, but now a resident of San Wiancions, made us a call yesterday, Tracy’& Son “will have a picture auction in the Transcript Block, on Friday and Saturday evenings, con‘vow enisting of fine modern oil paintings. The pictures will be on exhibition this afternoon, Chas. E. Spencer, Grand Sachem of the Improved Order of Red Men paid us a friendly visit yesterday. Mr. Spencer came up from Sacramento on an. official vibit to . my oming Tribe of this city. Hurt by a Runaway.Monday evening as J. C, Murchie was driving down from Lake City and was decending a hill a short ways this side of there, something gave away about the harness and the horses ran away. He was thrown out of the wagon upon some stones and severely bruised. He does not know how. long he laid there unconscious, but some “one finally came along and found him. He ~ was brought down on Tuesday's stage, and wil} soon be all right again. The wagon was a total wreck, but the horses are as good as ever. Sentenced Yesterday. John Doyle, the two-legged beast, who was arrested recently in a barn on Boulder street where he had enticed a young boy to accompany him, and who subsequently was allowed to plead guilty toa charge of simple assault, was yesterday sentenced to two months’ imprisonment in the Connty Jail. He would have received a different kind of punishment than that had some of the fathers of Nevaca City children got their clutches on him. BRIEF MENTION. Various Mappenines im and out of Town. Those'who desire to learn the popular new dances, ‘‘La Mode” and . “The Ripple,” should attend the soiree at Hunts Hall to-night, Some young ladies of this city are talking about getting up a party on the Leap Year plan, the proceeds of -which are tobe given to a charitable purpose. It will take place ‘papat the last of this month. Another Troupe Coming. Manager Jacobs has received word that Rice’s Surprise Party will produce the extravaganza of ‘‘Pop” at _the Theatre in this city on Monday evening, the 26th instant, which is the night previous to the one on which the Madison Square Company are expected to play ‘‘Young. Mrs ~ Winthiop.” Rice’s Surprise Party is generally conceded to be the best organization of the kind ever visiting the Coast. Coming to See the Mines. It is announced that Judge Saw-] yer will leave San Francisco to-day for this section for the purpose of viewing the workings of the hydraulic process previous to rendering a decision in the Woodruff case. He will be accompanied by representatives of the mining and anti-mining “interests. am Horsferd’s Acid Phosphate for Wakefulness. Dr. Wm. P. Clothier, Buffalo, N. Y., says: ‘I prescribed it’ for a Catholic pri-st, who was.a hard stu‘dent, for wakefulness, extreme nervousness, ete, ‘and he reports it has _been of great benefit to. him.” House Wanted. A house of 5 or 6 pekel, favorably situated. Permanent tenant. Enquire of Brand & Bro. tf “CHILiREN’s pictures taken instanianeously by Swart, Nevada City. ‘tf New Dances. At his soiree Friday evening John Michell will teach the new round dances, “La Mode” and ‘‘The Ripple.” m7-tf ‘Laptgs and sickly girls requiring a non-alcoholic, ‘gentle stimulant, will find Brown’s Iron Bitters beneficial. For Photogray hs go to Swart, Broad street, Nevada City, £20-t8. o ae © wane: # To all whoare sufferin; from the errors nervous weakATION . , Naw Yor 4 ee . will: permit. A Jury Obtained—Opening Statement of the Prosecution—Taking ae Collins came into Court ‘yesterday morning with his usual firm tread and his head throws well back. He appeared as soliécaed as any spectator in the room, and just before sitting down took an unconcerned look sround-him, . He is a mau of splendid physique, and bis head and countenance would by no means suffer from a comparison with those of several of the jury. He has an air about him that says, ‘‘Here I am, Jadies and gentlemen. Look at me to your heart’s content. It is fun for you.and does not worry me. What your opinion of me may be I don’t care a fig. All I ask is that the discrimiuating and intelligent twelve selected to decide my fate deal with me as my innocence deserves.” He contrasts strongly with Thorn, whose keen eyes never looked square at you during his long trial, unless it was in defiance, whose tread is like a panther’s, and whose attitude at all times is like that of some -blood thiraty animal when it settles down preparatory to springing on its prey. Thorn repels the observer, is closemouthed and never discloses to the most vigilant the thoughts that are passing through his, active brain. upon you, Collins, would by no means be the first man you would point out in a crowd: of average citigens if you were hunting for a professional criminal. Hé is loquacious in the extreme, indeed his tongue is his worst enen:y. People knowing that he is one of the alleged murderers of banker Cummings look at him as he sits theré rolling a quid of tobacco from one cheek to the other and stroking his iron-grey whiskers, and thoughtlessly remark with a shudder that he is a bold, bad man, with a villain’ cut of the jib, and some of the lady spectators actually tremble in their pretty little No. 1 shoes, and their hearts beat a double quick tattoo against their corsets every time he shifts his position. That shows What imagination will do. The only signs of nervousness exhibited by Collins in the courtroom is twisting his fingers together, snap-’ ping the-jo'nts, Accompany him to his iron tank in the jail and he. will gossip glibly with you on the current events of the day, respecting’ which he is better posted than ‘the mass of people at large. He will— or would before the able attorneys defending him put him on his guard —chat about his arrest and imprison ment and ask you to tell the_particulars of the crime with which he is charged, besides inquiring ‘as to how the citizens of the county feel about it, You leave him with the. impression that hé is a@* genial and polite fellow, and look through the ‘narrow grating into the dusky interjor of Thoro’s temporary abiding place. You see a newspaper held broadside toward you, a shapcly hand grasping it on either margin, and two legs projecting around one of which close to the ankle is a shining band of stee!, this latter being the Oregon boot, the mate of which was on Collins’ leg. There is no use to waste any time there prospecting for an interview. The impatient rustle of the paper indicates that the man behind it is not in a talkative mood. If you don’t believe in the sizn, speak to him and the curt and_. gruff reply will fully convince you that your room is regarged as _preferable to your company, A JURY OBTAINED. The matter of selecting three more jurors from the special venire of twenty commenced with the opening of court., John P, Campbell and P. S. Miller of Forest Spring and John -Collier-of Grass-Valley’ were. accepted and sworn, the éntire venire having been exhausted and the defense consuming all its peremptory challenges in securing them. The jury consists of the following : James Vaughn, Samuel Lowry, A. J. Graham, Rudolph Speiler, Benjamin Locklin, Jonathan Butler, Joseph Shebley, Isaac Flemming, Noah Evans, John P. Campbell, .P. S. “. Miller and John Collier. County Clerk.Beatty read the indictment, and at 11:45 o’clock court took a recess till 1 o’clock P. m. f Opening sarees of the Prosecuou. At the beginning of the afternoon session Mr. Gaylord made his open: ing statement, the substance of it being as follows: ‘In the criminal jurisprudence of the country, of its practice, it has been the custem from the first organization of courts down to the present, in _ Opening each important cause to present a concise statement of the facts or chain of circumstances whicl ch the commonwealth rely to sustain the allegations of its in‘dictments; nor is the practice entirely without its uses as it assists the jury to at once grasp the theories of the case and more readily commence the analysis of the testimony. It is in accordaice with this custom and for this purpose that I now presént to you as concise an outlime of the testimony to be. produced in this . cause as the importance of this case We shall commence the proofs of the case with showing Mr. Cummings at. Moore’s Flat _preparing for the transportation of gold, from that place to Nevada City. On the 30th of August in 1879 he begun bis arrangements for coming to this place with two bars of bullivn : valued . at About $8,000, and contin.e:d those preparations up to the evening of the 3ist. On the morning of September Ist, 1879, having completed his arrangements, he borrowed a valise of HH. McNulty in which to convey the bullion prepared for shipment, and with it boarded the stage bound for Nevada City ; that ata point this side of the Yuba river and about 34 Rock cresk and Little Rook creek, on the elevation raising the divide between the two, the stage on which he had taken passage was stopped by two masked highwaymen, The passengers were compelled to dismount, and under the direction of the two, the one giviug orders and the other covering them with a shotgun, they were placed: in line. The lerger of the two robbers proceeded to examine the wallet of the Eureka express company. He. retained packages of apparent value, and retarned the wallet to the stage. He then proceeded to examine the valises of the passengers, arriving at the one belonging to Cummings about the last, Upon takingthis out, and asking whose it was, Cummings rushed upon the man examining the baggage and exclaimed ‘It’s mine ; it’s all I have in the world and I’ll defend it,” whéreupon he grappled with the robber and a scuffleensued daring which the position of che parties ehanged ‘. from the front of the stage near” the head of the line of passengers, down the hill to the rear of the stage where they fell, Cunmings underneath, Upon again arising and renewing the contest Cummings being engaged in efforts to draw a weapon then. supposed to be on his person, the party with, whom he was grappling succeeded in holding him at arm’s length, at which time the party with the double-barreled shot-gun advanced, presented at the head and neck of Cummings and discharged it. The unerge striking the left side of Cumming’s neck, passed-entirely through, It tore a ghastly opening on the other side, Cnmmings.then dropped in his tracks and was instantly a corpse. The passengers were then ordered into the stage and to immediately depart for Nevada City, leaving the body of Cummings where it had fallen. They did this, and the robbers and murderers after securing their ‘bouty immediately ‘started “down Rock creek, past a deserted mining cabin thereon, at which point they left a portion of their wardrobe. They then proceeded on to the lower road leading fram Nevada City to North Bloomfield, crossing it at a point about one mile from the Mt. Vernon House, covering their tracks in the dust as they cros sed, THE CONFESSION, ff We shall introduce evidence. of statements or confessions of this defendant, made under circumstances which entitle them to admission, at the City Pr ison in St, Louis, Miswhich statement this defendant admits and declares that he and Thorn alias Dorsey were the parties who com mitted this crime; that it was done on the day declared and in the manner and form asI have _heretofore stated; that they had before that time made arrangements and preparations to execute a series of robberies in the county of Nevada, einbracing as their objective point the Downieville stage from San Juan to Nevada City and the Moore’s Flat stage, sup. posed to be the conveyance of the bullion of the North Bloomfield Mining Company; that inmaking those prepirations they had about three weeks prior to the murder moved trom the ranch of Benjamin Frazee on the lower Marysville road*to the town of Grass Valley where they encamped for about three weeks on the ravine leading from the Godfrey mine down past the residence of E W. Roberts; that five or six. days preceding the murder, they procured ashot-gun belonging to one Jim Cramm, and proceede.l to take their position for the execution of this . robbery; that after the commission of the crime they returned ta Frazee's, leaving the gun, and learning that suspicions were aroused pointing to them-as the pirties committing this crime they immediately departed southward, stopping on Alder Creek above Sacramento City, at which place they melted the jewelry ind-watch cases of the ‘proceeds of the robbery, which Collins took into Saramento and deposited with a druggist who was also an assayer, fto assay; that the next day the defendant returned to receive the same, but while in the store awaiting the arrival of Bell, he was accosted by a person whom he took to officer Jackson and becoming frightened immediately departed, leaving the bullion which has. remained there uncalled for from that day to this; that they then went southward, leaving ‘Stockton to the right, passing ‘along’ down by Santa Cruz, from th ence across the country to” Bakersfield,. between which two points they became possessed of a light spring wagon and horse with which, after procuring provisions’at Bakersfield, they started for Arizona by the way of Tehachipi Pass, at’ which point they encamped for about two weeks, J secreted in the mountains. At this: time they resumed their journey to. wards Prescott, arriving there about . the middle of November, 1879. From here the defendant proceeded alone one day towards Santa Fe, and . was taken upon his second day from Prescott by the buckboard, a stage conveyance carrying U.S. mail and passengers from Prescott to Santa miles from Nevada City, between . souri, to one. Rozer O’Meara,. in. jnever called fer. Fe; dat ts. panctiigesii Sele 6 buckboard consisted of Thorn and~~Delegate Campbell, representative from Arizona to Cungress. The three traveled together from that point to Santa Fe where they together took the stage for Las Vegas, the railroad terminus. At Las Vegas ‘they separated, Collins‘going direct to New Orleans, Louisiana, where, according to the confession to O’Meara, he deposited $2,309 of vold bullion with the U. 8. Mint for coinage, recciving a check on the U.S. Sub-Treas. ary at New Orleans in payment; that he there formed the acquaintance.of the chief coiner, Ff. K. Jones, to whom he. introduced himself, and was by him introluced and vouchgafed for at the sub-Treastry at the time of the payment of his check; that at New Orleans prior to the presentation of the bullion at the Mint he and Thorn, who had joined him, obtained the use of the furnace of a small brass foundry on Tchapitola street, where they remelted their bullion into smaller bars.aud reducing its fineuess by the introduction of coin silver; that after remaining several days, occasionally visiting Jones and others, they went to Louisville, Kentucky, makiog their headquarters at the saloon of Col. John Specht, on South Jefferson street, the headquarters of the principal turf men of that State. After meeting Specht, they asked ‘mission to; and-did;-deposit-a~large*-bar~ of gold: bullion which was kept by him for several days. Smaller specimens were by him exhibited at nis bar. Af: ter leaving the ballion thete a time, they concluding to dissolva partnership and separate,and at their request Specht went with them to Adams Express Co. in Louisville to forward the bar then in his safe to the Mint at Philadelphia for coinage. The bar was forwarded and the coin returned ina week and-taken from the office.by Collins and taken to the . saloon of Specht where it was mixed with about $2,000 ‘then in Collins’ possession, and after a settlement of their accounts the whole: sum. was divided equally between the two. After this they separated, Thorn going to Union City, Indiana, and Colcountry to Pittsburg and other places, finally reaching the poiat where this. confession was made, the City Prison at St. Louis. ° THE CORROBATION, ‘*Here we shall resume the._proof of fects relied upon by the prosecucommencing with the first appearance of Collins at the house of Frazee, which occurred about June Ist, 1879, to which place he came from the State Prison at San Quentin for the purpose of meeting with Thorn. At this time these parties made. the arrangement and final agreement of coming to the mountains for the purpose of robbery, and removed to Grass Valley inaccordance with their plans: We shall prove by Frazee the time at which they left, the borrowing and retarning of the gun, and their departure south, corrobating him by the _ testimony of Mrs, Frazee. We shall show by James Crumm the conspiracy of these parties to commit’ crime in the county of. Nevada, and shall show their cireumstances during their residence at Grass Valley. We shall present testimony to prove that Collins and Thorn passed on the upper road opposite of Grass Valley on the day following the borrowing of the gun at. Frazee’s, this being tne 26th of August, 1879. We shall show Collins and Thorn afterwards on the 30th of August, 1879, at the city of Nevada, and on the 30th and Ist prowling about, the vicinity of the scene of this murder. ‘We shall prove that on the morning of ~ September lst, 1879, Collins and Thorn were seen on two different occasions within about 300 feet of the scene of the murder, having with them the gun of Jamies Crumm, borrowed of Frazee on the 25th or 26th of August. We shall identify the gun by the evidence ‘of the owner and by peculiar marks indicating it to be the: same gun. We shall then show that immediately after the commission of the offense the parties who committed it were pursued and tracked across the lower road and'were seén by two men covering up their tracks as they crossed, they then making south in their flight. We shall show by Frazee that one of the parties returned the gun, and that about six--days thereafter this defeadant again appeared at Frazee’s, enquiring, for Thorn, We shall next prove the de. fendant at the drugstore of one Bell in Sacramento attempting to dispose of aquantity of bullion which was then left with Bell by Collins. and We shall then follow the defendant to a point one day’s travel from Prescott, Arizona, where he took a buckboard in company with Thorn for Santa Fe. We shall prove by Mr. Campbell that Collins, Thorn and himself were. fellow travelers from that point to Santa Fe and that on this passage Colling and Thorn exhibited large quan‘ties of gold bullion and represented themselves, one asa miner and the other as a teamster, having accumulated about $8,000 and then being on their way East to° visit friends. We shall then show by Mr. Jones of New Orleans the deposit of gold bullion, its coinage and the payment of the money to Collins under the name of Huston ; that Collins remained at New Orleans fo. several days thereafter. We next find Collins and Thorp at the city of Louisville, Ky., « 2 shipping through Adams & Co, here we follow Co lins traveling generally around the. tion in support of this indictment, ‘with some one.on the stage. the U0. 8 Mint at Philadelphia a ber of bullion «f the value of $4,000, and that the eaiue was afterwards withdrawn by Collins duly coined, and taken by him to Specht’s saloon where the sdme was mixed with another. amount of $2000: and over and th® while divided equally between Thorn and llins, From ns no farther than St. Louis-where the confession to O’Meara was made.” The witnesses of both the prosecution and the defense were put under the rule, being ordered tu remain out of the courtroom during . the progress of the trial unless when being examined. wM. EDWARDS Was the first witness sworn and examined; To. Mr. Gaylord—Reside at the South Yuba bridge. On SepFlat stage to come to this cityfrom my home. Wm. F. Cummings was aboard with several other passengers. Near Rock creek going up a little hill the stage stopped, A masked man came to the right side and told us to throw up our hands and get out, and be quick. The robber put those in line who got out on that side. I was on the rear seat, Cummings outside. We got out on the left. -Fhe-robber came and felt of me then told us to go around into line.’ We didso, Tien he o dered the driver down and searched him, ‘Miss Skaéhan stayed on the stage. He took out the mail bag first, but didn’t open it, He opened the express bag, took out-a ¥mall box: and threw it on the. ground. He took out other packakes‘and put them in his pocket. He then threw the sazk back into the stage, While searching the pistol in his right hand went off towards the ground. A basket and carpet sack were felt o° and put back. He then reached ander the driver's seat and taking a valise asked whose it was. I understood Daily, the driver, say it was a passenger's, Cummings who stood at my right stepped forward saying, ‘It is mine. It’s all I’ve got in the world and I'll defend it.” He grasped the valise and then pulled a pistol partially out of his right hip — pocket.— -The. robber with the valise told him not to draw it, and the man with the. shotgun said he wouldshoot him-if he did. They scuffled back 12 or 15 feet when Cummings fell underneath. I was engaged in some business of my own when ‘I heard a shot, and looking up saw the man with the gun backing from near them, Curmings instantly falling, The one with the pistol then came and took what change I had, and‘ asked where that gold purse was. I took out a knife and said I guessed he felt that. I showed him my watch, but he did not take it. He searched McCarty and a Chinaman, taking some money from the former, He then told us to take the corpse and go. We said we couldn’t take the corpse, and he said none of us could stay with it, So we all got aboard and left. After going.a ways we. saw @ wagon and going back got the corpse. This occurred a little after 12 o’clock noon, I think, about three miles from Nevada City. Some fifteen or twenty. minutes were consumed in the robbery and murder. I believe the prisoner at the bar is one of the highwaymen. I judge by his general appearance and voice. I would not swear positively he is, but itis my firm belief he is. There was not much difference in the hight of the two, I considered the one who came to the staye (the defen. dant I think) the taller. Ais shoul: ders were high. The masks were faded green. window shades, clear over the heads and tied under the chins, with holes cut for the eyes, Cross-examined by Mr. Walling— Left home that day after 11 o’clock. Froth my place to the scene of the murder it 1s about four miles, having a raise to Blue Tent of about. 1000 feet. There were on the stage 7, besides the children. and driver. . had not seen defendant prior to the robbery. I--did not see the man with the gun till I went to the right side of the stage. The man with the pistol looked tolerably tall, and not so very stoutly built. He was 5 fect 10 or 11 inches. I thought he might weigh 175 or 180 pounds. ‘His mask I have described as I saw it. I could ‘ot see through it only at the holes,-which showed only the eyes and a portion of the mouth. Over his shoulders he had a blue overshirt or blouse coming to the waist. He wore blue overalls. He had boots en. I heard him speak a dozen times at least. I next saw defendant before the ‘Grand Jury. I ~conversed with him in the Sheriff's office that day. Daily, Lynch and Lees were also there. The object of my going there was to hear his voice. I was not asked as to either robber’s voiee during the Thorn trial, I am not sure if I then testitied as to identification of voice. I don’t know I can explain the peculiarty in his. voice. I recognize penple.more by voice than I do by naine or sight. It was not as coarse as some nor as fine as others I have heard. ‘The man who. held the gun I heard speak only a very few words. He said to come out of there and stand:in a line and we would not get hurt and _aisospoke to Cummings. I formed the’ pinion that they “were . acquainted One thing that made me think it was that Cummings bad never been ‘known to bring bullion’on the stage, always bringing it at odd times of day or night, and I_thought. they must know him to, thus. attack the. to sy The feo that. they did nov tember lst, 1879, I took the Moore’s . the other being stooped.-looked a little taller take his weapon from hitn struck me as peculiar. After the shooting I did not hear.either of the robbers ask, ‘‘Have you got it?” or words to that effect. There was no remark but Cummings’ to, indicate there was anything of value in the valise. The man with the gun wore a_mask and shirt resembling the other’s and well worn light -cassimere pants. He was lighter than the one. with the pistol. Icall them well developed men.“ Where the stage was Stopped is-a little bank on_each side, there being 15 or 16 feet between them, The stage’s center was ove: the ruton the left ‘side. The passengers in line were four or five feet from the stage, the driver being at the brake. The scuffle began at the forward wheel and continued to behind the back wheel. I did not see the.man with the gun pass to where Cummings was scuffling with the robber. Going back he passed between me and the bank. The“ man with the pistol spoke at times in a commanding tone, Whi'e “questioning as to the baggage it was an ordinary tone. When telling Cummings to put_up his pistol it was in a very positive tone. Most that he said was in a conversational tone, I nev ertested my ability to recognize a voice three years.and a half after hearing it once. Atthe time of the robbery I was.doing my best to get a clue to identify the parties. I had no opportunity to determine wiiether the man with thé*pistol had whiskers. The man scnffling with Cummings I considered to be more slimly built than Cummings. Idid: not notice as to their comparative hight. Cammings might have been 20 or 25 pounds Heavier than the robber, Redirect by Mr. Gaylord—It was the peculiar circumstance of the robbery that imprinted these things on my mind, . Re-cross-examination by Mr. Walling—When I saw the defendant, here before I did not swear defendant is the man with the pistol. It is only ‘my belief he is. * M. B. DAILY Was sworn and testified. To Mr. Gaylord—Am a stage driver. Drove the Moore’s Flat stage the day Cummings was killed. Left here about 6:30 that morning, driving to North Bloomfield from which point Cummings was one of thé passengers in returning. The rebbery took place about 44 miles from town, this side of Rock Creek a mile or three-quarters: As we were-coming up a prade Cummings and Miss Skaehan being on the front seat and talking with me, Cummings looked up and said something. I saw two men, one with ashot gun and one with a pistol." The passengers alighted -and were put-ina line, [Described same as by Edwards. ] Cummings said, “You'can have what mony I’ve got.” After going through the ‘contents of the stage, he came to Cummings’ valise, inside of which I-heard pomething slide. I told. him’ I thought . it was-the young lady’s when he asked me. She said, ‘Oh, no.” Cummings. stepped forward saying it was his, all he had in the world, and he would protect it, They scuffled till Cummings fell and again got up, the man with the gun several, times saying, let go of him——you, I will kill you.” He came down the line, T-heard a gun shot and Miss Skaehan looking around said they had Kkylled Mr. Cummings. Iwas too busy with my horses, which were acting badly, to see all’ This must have happened between 12-and 12:30. I saw one of the men kick Cummings’ valise open, We broaght it to.town Mfter the robbers emptied it, Tais-is the same valise. When put aboard after the robbery it was emp y. When I put it aboard at Bloomtield it was pretty heavy, aud there seem. ed to be a single article in it. I told them I could: not bring ;Cummings’ corpse in and they said all right. When I got arouad the corner [ stopped and asked sone of the men to go back, bat they would not. Two of them got out at Houston's and went back with the min with the wagon to get the corpse. ‘The robbers were well built. The ovejwith the gun seemed the taller of the two. Defendhim inthe cell, than the one who did the robbing. Thorn answers the description of the one with gua, ant, when I saw the They had blue overalls on soiled with white dirt.” The ang that did the robbing had a woolen cross-barred shirt on, the étlter a blue shirt. Cross-examined by Mr. Mason— Mr. Cummings said something low that made ag look up at first. I saw a gun in one’s hand, a pistol in the other’s, as they raised up. They told me to halt. Idid. Most of them got out onthe off side, but Cummings on the nigh side. The country there is rolling and covered with brush. Cummings was brought around into line by the’ robber with the pistol. Theother held a shotgun on them. I saw Cummings take something out of his pocket and give it to the robber. Cummings was second or third in ‘the line. They ordered me in line, but. I said) /T could tot leave my borses and they let me sles” thera I did not see what’ Mr, Cumulaga ‘gave them. . He just ran hig hand dowh in his pocket and took gat’ something, eS do not know what any of the passengers gave the robber. They had no hats on, the masts being over thei: heads like bags: The man who did the robbing had a. mustache, J could see a ‘oe hairs of it, . I do not-know ve 1 “Tf you don’t . whether mas had baste: The pistol tiist went off while he was going through the xpress sack. When he came ty the pouch the other man said, ‘‘That’s what you want,”— The package he first took from} the ‘express bag and then threw back was bullion. The robber just shook a little the Chin man’s carpet bag, Then he took, hold of Barron’s bagyage. When he litted4 out Cumniings’ valise 1 heard something heavy slide in it, . Cummings stood second or third from the head of theline. The head man stood at the head of the. wheel-horses, the man with the gun standing by the leaders. Cummings and the robbe: scuffled down between the line of people and the stage. The one with the gun came down between the line and the stage calling out to Cummings to let go or he would kill him, No one made a move to stop him as he went forward to shoot. Cumtnings was heavier than the man he was scuffling with. were nearly the saine size. The one with the gun might have been 5 feet 10 inches-or 6 feet’ The oie’ with the gun looked heavier about the shoulders, and might have weighed been about the same. Their overalls looked as though they had heen worn in a mine and fit tightly. They looked as though . the men were away from home. when_ the pants were made for them. I can’t say whether the . mustache I ~ saw through the hole was daik or light. [ did not see enough of it to distinguish, ‘I was not excited, and. took particular notice of what <I saw. Chis must have been 12:20 or 12:30, They were about 20 minutes robbing the stage. I have been stood up before Four or tive of us went in to see defendant. I wanted to know if I had fever seen him before. I-did not make up my mind then TI had seen him before, I said I might have seen him, but did not say I thought he was one of the robbers. I ‘do not know who the robbers were, I did think Thorn was ‘like the man with the gun, The man that held the gun was square shouldered. I noticed their voices partioularly during the roboery. I_see no resemblance between the-voice~ofdefendant and the voice of either of ‘the robbers, There was.nothing to show they knew any of the parties on the stage or had any knowledge of its contents, Cummings never ‘before brought bullion on the stage while I drove it. He had rode with me’ but once before, THOS, BARRON Testified as follows: To Mr. Gaylord: Reside in Nevada City. The day that Cummings was killed my wife and children and I were on the staue. . Witness related the incidents connected “with the stoppage of the stage. ] My wife got scared when told tostand in “lite and” started for the brush; She was to'd to come back and d‘d'so, After the-shooting of Mr. Cummings the man with the pistol took the valise and emptied the contents out. I saw Mr. Cummings have a’ watch when we stopped at {Blue Tent to water the horses. He then spoké’of the time of day. Cross-examined by Mr. Walling— I was looking out of the stage when [saw Cummings’ watch. We were talking about*the time and I looked up at him. I was on the front seat, The robber took nothing from me ot iny wife. He did not touch her to my knowledge, When my. wifé went to go into the brush I went to her and brought her back, and went up by the man with the gun 4s he . ~ iold me todo, I was 12 or 15. feet from the other passengers, When the-man with the gun went down to shoot he went slowly keeping careful watch of-us. I had achild in my arms; and had nothing. to. lose, and that’s why [did not jump on him. He had said -he-would shoot me if 1 didnot keep quiet, and I thought hé meant it. The man with the pistol cut open the valise with a bowie-knife. I see no marks of a knife on this valise. The man with the pistol was the taller of the two, and weighing 190 or 200 pounds, The one with the gun seemed . 10 or 15 pounds lighter. The one with the gun was more squarely built around the shoulders than the other. The one with the pistol “had a kitud fa hazel eye, pretty large. saw sowe of their hair, I heara nothing of any jewelry being taken Re-direct examination by Mr. Gaylord—After’ Cummings was killed the man with the pistol beyan searching the passengers. I took a purse out of my pocket and said there was only three or four dollave in. it and I was moving my family down from North Bloomfiald, They told me to put it back, that it swas not what they were after, Court adjourned till 9:30 o'clock this morning. 1 also Penny “Wisdet--Pound Folly. It is foolish to save the little that SQZODONT costs, and suffer what. will result in bad: teeth and large. paynients to dentists, Place a bottle the mouth and show your wisdom. : oe eer ee Nervous debility, the curse of the American people, immed iately yields to the uetion of Brown’s “Iron Bitters. For Sale. House and lot in central part of city for sale, Enquire of Croas -& Simends, . A The robbers 175 or 180. The other might have. of it on the toilet, use’ five drops only . — ‘of it every time after eating, cleanse TRUE Temperance Is not signing a. pledge or taking signing @ oath that cannot be kept, because of the non-refoval of the cause —liquor. Thewaytomake a man temperate is to kill the desire for those dreadful artificia) stimulants that carry so many bright intellects to premature ves, and desolation, strife and unhappiness into so many families, ~~ Ttisafact! Brown’s Iron BITTERs, a true ing Pope ic tonic, made in Baltimore, Md. simi the Brown Chemical , who are old drugevery particuY gir and in ery will, by removing the craving a of the drunkard, and by curing the nervousness, weakness, and general ill health resulting from intemperance, do more to promote temperance, in the ‘strictest sense than . any other 1 means now known. ‘ It is a well authenticated fact that many medicines, éspecially ‘bitters,’ arenothing but cheap whiskey vilely concocted for use in local option countries. Such is not the ease with Brown’s IronBitters. Itisamedi* cine, a cure for weakness and decay in the nervous,muscular, and digestive organs of the body, producing good, rich blood, health and strength. Try one bote tle. Price $1.00. MORE INJUNCTIONS Proclamation. I, the undersigned, do'a Clothing and Tailoring business in Nevada City. . i I bring from abroad skilled me-~ chanics to live here, work here, spend among other ‘trades people here the money they earn, and it goes spinning in-circulation through all the arteries-oftrade, rea 8 The more patronave I receive the more’ skilled labor I employ, and therefore the more population and prosperity for our town. ’ Town-sites are comparatively valueless without. population. The more business I do the more — cheaply J can do it. My prices are even now as low as any in the State. My workmen are as good as any. I strive to get.the best. In that particular I have succeeded admirably. Give your orders to other cities, let your checks in payment follow your orders, and your shekels have goue to stay—to benefit other localities—not your own. All.follow that policy and proper. ty values shrink until stagnation sits upon your hills, Injunctions from “Below” seem to be the order of the day. As a stand-off, and in view of the foregoing—conclusions, I therefore proclaim— That I bereby enjoin all good citizens of .Nevada City and. County from sending orders ‘‘Below” for the clothes they wear, —or from patronizing ‘‘canvassers’” from ‘*Below” whe come here for no other purpose than to sconlulate with your cash to other localities, where it willbe out of your reach and. hard to gather any part of it again. Furthermore I cordially invite all who are inquest of Clothing, men’s Furnishiig Goods, Hats, etce,, to visit my place of business, where they will be treated affably. * Done at BARRETT’S Cloth House and Tailoring Establishment, 46 Broad Street, Nevada City, February 28th, a. p. 1883. C.A. BARRETT, Clothier and Injunctor. P. S. Look ont! My ‘next will be a review of Spring styles, in Fabries and “‘make ups, a READING ROOM COFFEE. HOUSE, . BROAD ST., Next Door to Hunt's “i, CHAS. ADOLPHE, rrop'r, Open from ¢ A. M. 1111 Midnight. COFFEE AND DOUGHNUTS.. 10 Cte. CHOCOLATE AND _Doucanty TS.15 Cte’ Requiae Meals ‘Cooked to ‘Order on short t notice, Neat, Prompt, Orderly, N No Chinese Employed,

. THE C = ae ae 2 a on, ‘ices rtis rr A.M. and 4 Pp, M. Francisco, ot 6A. mM at6 a. M. ‘uan, Campton. daily (Sunday po ard excepted cepted) and bck Tuesday, Thursa Li ,at 6 A.M, ttle York and Dutch Flat ednesday and Friday, at 6a. m. Tomas Mztn, P. mM. _ Seeeenereenmesemoesnememenrsornmenser \ WHAT THEY ARF DOING. Personal and Secial Items Gleancd Mere and There. Oscar White, traveling agent for the Giant Powder Company, was in town yesterday. ; Dr. Hughson is suffering very much from rheumatic pains, having been confined to his room for two or three days. Adam Smith, Esq., an old resident of Nevada county, but now a resident of San Wiancions, made us a call yesterday, Tracy’& Son “will have a picture auction in the Transcript Block, on Friday and Saturday evenings, con‘vow enisting of fine modern oil paintings. The pictures will be on exhibition this afternoon, Chas. E. Spencer, Grand Sachem of the Improved Order of Red Men paid us a friendly visit yesterday. Mr. Spencer came up from Sacramento on an. official vibit to . my oming Tribe of this city. Hurt by a Runaway.Monday evening as J. C, Murchie was driving down from Lake City and was decending a hill a short ways this side of there, something gave away about the harness and the horses ran away. He was thrown out of the wagon upon some stones and severely bruised. He does not know how. long he laid there unconscious, but some “one finally came along and found him. He ~ was brought down on Tuesday's stage, and wil} soon be all right again. The wagon was a total wreck, but the horses are as good as ever. Sentenced Yesterday. John Doyle, the two-legged beast, who was arrested recently in a barn on Boulder street where he had enticed a young boy to accompany him, and who subsequently was allowed to plead guilty toa charge of simple assault, was yesterday sentenced to two months’ imprisonment in the Connty Jail. He would have received a different kind of punishment than that had some of the fathers of Nevaca City children got their clutches on him. BRIEF MENTION. Various Mappenines im and out of Town. Those'who desire to learn the popular new dances, ‘‘La Mode” and . “The Ripple,” should attend the soiree at Hunts Hall to-night, Some young ladies of this city are talking about getting up a party on the Leap Year plan, the proceeds of -which are tobe given to a charitable purpose. It will take place ‘papat the last of this month. Another Troupe Coming. Manager Jacobs has received word that Rice’s Surprise Party will produce the extravaganza of ‘‘Pop” at _the Theatre in this city on Monday evening, the 26th instant, which is the night previous to the one on which the Madison Square Company are expected to play ‘‘Young. Mrs ~ Winthiop.” Rice’s Surprise Party is generally conceded to be the best organization of the kind ever visiting the Coast. Coming to See the Mines. It is announced that Judge Saw-] yer will leave San Francisco to-day for this section for the purpose of viewing the workings of the hydraulic process previous to rendering a decision in the Woodruff case. He will be accompanied by representatives of the mining and anti-mining “interests. am Horsferd’s Acid Phosphate for Wakefulness. Dr. Wm. P. Clothier, Buffalo, N. Y., says: ‘I prescribed it’ for a Catholic pri-st, who was.a hard stu‘dent, for wakefulness, extreme nervousness, ete, ‘and he reports it has _been of great benefit to. him.” House Wanted. A house of 5 or 6 pekel, favorably situated. Permanent tenant. Enquire of Brand & Bro. tf “CHILiREN’s pictures taken instanianeously by Swart, Nevada City. ‘tf New Dances. At his soiree Friday evening John Michell will teach the new round dances, “La Mode” and ‘‘The Ripple.” m7-tf ‘Laptgs and sickly girls requiring a non-alcoholic, ‘gentle stimulant, will find Brown’s Iron Bitters beneficial. For Photogray hs go to Swart, Broad street, Nevada City, £20-t8. o ae © wane: # To all whoare sufferin; from the errors nervous weakATION . , Naw Yor 4 ee . will: permit. A Jury Obtained—Opening Statement of the Prosecution—Taking ae Collins came into Court ‘yesterday morning with his usual firm tread and his head throws well back. He appeared as soliécaed as any spectator in the room, and just before sitting down took an unconcerned look sround-him, . He is a mau of splendid physique, and bis head and countenance would by no means suffer from a comparison with those of several of the jury. He has an air about him that says, ‘‘Here I am, Jadies and gentlemen. Look at me to your heart’s content. It is fun for you.and does not worry me. What your opinion of me may be I don’t care a fig. All I ask is that the discrimiuating and intelligent twelve selected to decide my fate deal with me as my innocence deserves.” He contrasts strongly with Thorn, whose keen eyes never looked square at you during his long trial, unless it was in defiance, whose tread is like a panther’s, and whose attitude at all times is like that of some -blood thiraty animal when it settles down preparatory to springing on its prey. Thorn repels the observer, is closemouthed and never discloses to the most vigilant the thoughts that are passing through his, active brain. upon you, Collins, would by no means be the first man you would point out in a crowd: of average citigens if you were hunting for a professional criminal. Hé is loquacious in the extreme, indeed his tongue is his worst enen:y. People knowing that he is one of the alleged murderers of banker Cummings look at him as he sits theré rolling a quid of tobacco from one cheek to the other and stroking his iron-grey whiskers, and thoughtlessly remark with a shudder that he is a bold, bad man, with a villain’ cut of the jib, and some of the lady spectators actually tremble in their pretty little No. 1 shoes, and their hearts beat a double quick tattoo against their corsets every time he shifts his position. That shows What imagination will do. The only signs of nervousness exhibited by Collins in the courtroom is twisting his fingers together, snap-’ ping the-jo'nts, Accompany him to his iron tank in the jail and he. will gossip glibly with you on the current events of the day, respecting’ which he is better posted than ‘the mass of people at large. He will— or would before the able attorneys defending him put him on his guard —chat about his arrest and imprison ment and ask you to tell the_particulars of the crime with which he is charged, besides inquiring ‘as to how the citizens of the county feel about it, You leave him with the. impression that hé is a@* genial and polite fellow, and look through the ‘narrow grating into the dusky interjor of Thoro’s temporary abiding place. You see a newspaper held broadside toward you, a shapcly hand grasping it on either margin, and two legs projecting around one of which close to the ankle is a shining band of stee!, this latter being the Oregon boot, the mate of which was on Collins’ leg. There is no use to waste any time there prospecting for an interview. The impatient rustle of the paper indicates that the man behind it is not in a talkative mood. If you don’t believe in the sizn, speak to him and the curt and_. gruff reply will fully convince you that your room is regarged as _preferable to your company, A JURY OBTAINED. The matter of selecting three more jurors from the special venire of twenty commenced with the opening of court., John P, Campbell and P. S. Miller of Forest Spring and John -Collier-of Grass-Valley’ were. accepted and sworn, the éntire venire having been exhausted and the defense consuming all its peremptory challenges in securing them. The jury consists of the following : James Vaughn, Samuel Lowry, A. J. Graham, Rudolph Speiler, Benjamin Locklin, Jonathan Butler, Joseph Shebley, Isaac Flemming, Noah Evans, John P. Campbell, .P. S. “. Miller and John Collier. County Clerk.Beatty read the indictment, and at 11:45 o’clock court took a recess till 1 o’clock P. m. f Opening sarees of the Prosecuou. At the beginning of the afternoon session Mr. Gaylord made his open: ing statement, the substance of it being as follows: ‘In the criminal jurisprudence of the country, of its practice, it has been the custem from the first organization of courts down to the present, in _ Opening each important cause to present a concise statement of the facts or chain of circumstances whicl ch the commonwealth rely to sustain the allegations of its in‘dictments; nor is the practice entirely without its uses as it assists the jury to at once grasp the theories of the case and more readily commence the analysis of the testimony. It is in accordaice with this custom and for this purpose that I now presént to you as concise an outlime of the testimony to be. produced in this . cause as the importance of this case We shall commence the proofs of the case with showing Mr. Cummings at. Moore’s Flat _preparing for the transportation of gold, from that place to Nevada City. On the 30th of August in 1879 he begun bis arrangements for coming to this place with two bars of bullivn : valued . at About $8,000, and contin.e:d those preparations up to the evening of the 3ist. On the morning of September Ist, 1879, having completed his arrangements, he borrowed a valise of HH. McNulty in which to convey the bullion prepared for shipment, and with it boarded the stage bound for Nevada City ; that ata point this side of the Yuba river and about 34 Rock cresk and Little Rook creek, on the elevation raising the divide between the two, the stage on which he had taken passage was stopped by two masked highwaymen, The passengers were compelled to dismount, and under the direction of the two, the one giviug orders and the other covering them with a shotgun, they were placed: in line. The lerger of the two robbers proceeded to examine the wallet of the Eureka express company. He. retained packages of apparent value, and retarned the wallet to the stage. He then proceeded to examine the valises of the passengers, arriving at the one belonging to Cummings about the last, Upon takingthis out, and asking whose it was, Cummings rushed upon the man examining the baggage and exclaimed ‘It’s mine ; it’s all I have in the world and I’ll defend it,” whéreupon he grappled with the robber and a scuffleensued daring which the position of che parties ehanged ‘. from the front of the stage near” the head of the line of passengers, down the hill to the rear of the stage where they fell, Cunmings underneath, Upon again arising and renewing the contest Cummings being engaged in efforts to draw a weapon then. supposed to be on his person, the party with, whom he was grappling succeeded in holding him at arm’s length, at which time the party with the double-barreled shot-gun advanced, presented at the head and neck of Cummings and discharged it. The unerge striking the left side of Cumming’s neck, passed-entirely through, It tore a ghastly opening on the other side, Cnmmings.then dropped in his tracks and was instantly a corpse. The passengers were then ordered into the stage and to immediately depart for Nevada City, leaving the body of Cummings where it had fallen. They did this, and the robbers and murderers after securing their ‘bouty immediately ‘started “down Rock creek, past a deserted mining cabin thereon, at which point they left a portion of their wardrobe. They then proceeded on to the lower road leading fram Nevada City to North Bloomfield, crossing it at a point about one mile from the Mt. Vernon House, covering their tracks in the dust as they cros sed, THE CONFESSION, ff We shall introduce evidence. of statements or confessions of this defendant, made under circumstances which entitle them to admission, at the City Pr ison in St, Louis, Miswhich statement this defendant admits and declares that he and Thorn alias Dorsey were the parties who com mitted this crime; that it was done on the day declared and in the manner and form asI have _heretofore stated; that they had before that time made arrangements and preparations to execute a series of robberies in the county of Nevada, einbracing as their objective point the Downieville stage from San Juan to Nevada City and the Moore’s Flat stage, sup. posed to be the conveyance of the bullion of the North Bloomfield Mining Company; that inmaking those prepirations they had about three weeks prior to the murder moved trom the ranch of Benjamin Frazee on the lower Marysville road*to the town of Grass Valley where they encamped for about three weeks on the ravine leading from the Godfrey mine down past the residence of E W. Roberts; that five or six. days preceding the murder, they procured ashot-gun belonging to one Jim Cramm, and proceede.l to take their position for the execution of this . robbery; that after the commission of the crime they returned ta Frazee's, leaving the gun, and learning that suspicions were aroused pointing to them-as the pirties committing this crime they immediately departed southward, stopping on Alder Creek above Sacramento City, at which place they melted the jewelry ind-watch cases of the ‘proceeds of the robbery, which Collins took into Saramento and deposited with a druggist who was also an assayer, fto assay; that the next day the defendant returned to receive the same, but while in the store awaiting the arrival of Bell, he was accosted by a person whom he took to officer Jackson and becoming frightened immediately departed, leaving the bullion which has. remained there uncalled for from that day to this; that they then went southward, leaving ‘Stockton to the right, passing ‘along’ down by Santa Cruz, from th ence across the country to” Bakersfield,. between which two points they became possessed of a light spring wagon and horse with which, after procuring provisions’at Bakersfield, they started for Arizona by the way of Tehachipi Pass, at’ which point they encamped for about two weeks, J secreted in the mountains. At this: time they resumed their journey to. wards Prescott, arriving there about . the middle of November, 1879. From here the defendant proceeded alone one day towards Santa Fe, and . was taken upon his second day from Prescott by the buckboard, a stage conveyance carrying U.S. mail and passengers from Prescott to Santa miles from Nevada City, between . souri, to one. Rozer O’Meara,. in. jnever called fer. Fe; dat ts. panctiigesii Sele 6 buckboard consisted of Thorn and~~Delegate Campbell, representative from Arizona to Cungress. The three traveled together from that point to Santa Fe where they together took the stage for Las Vegas, the railroad terminus. At Las Vegas ‘they separated, Collins‘going direct to New Orleans, Louisiana, where, according to the confession to O’Meara, he deposited $2,309 of vold bullion with the U. 8. Mint for coinage, recciving a check on the U.S. Sub-Treas. ary at New Orleans in payment; that he there formed the acquaintance.of the chief coiner, Ff. K. Jones, to whom he. introduced himself, and was by him introluced and vouchgafed for at the sub-Treastry at the time of the payment of his check; that at New Orleans prior to the presentation of the bullion at the Mint he and Thorn, who had joined him, obtained the use of the furnace of a small brass foundry on Tchapitola street, where they remelted their bullion into smaller bars.aud reducing its fineuess by the introduction of coin silver; that after remaining several days, occasionally visiting Jones and others, they went to Louisville, Kentucky, makiog their headquarters at the saloon of Col. John Specht, on South Jefferson street, the headquarters of the principal turf men of that State. After meeting Specht, they asked ‘mission to; and-did;-deposit-a~large*-bar~ of gold: bullion which was kept by him for several days. Smaller specimens were by him exhibited at nis bar. Af: ter leaving the ballion thete a time, they concluding to dissolva partnership and separate,and at their request Specht went with them to Adams Express Co. in Louisville to forward the bar then in his safe to the Mint at Philadelphia for coinage. The bar was forwarded and the coin returned ina week and-taken from the office.by Collins and taken to the . saloon of Specht where it was mixed with about $2,000 ‘then in Collins’ possession, and after a settlement of their accounts the whole: sum. was divided equally between the two. After this they separated, Thorn going to Union City, Indiana, and Colcountry to Pittsburg and other places, finally reaching the poiat where this. confession was made, the City Prison at St. Louis. ° THE CORROBATION, ‘*Here we shall resume the._proof of fects relied upon by the prosecucommencing with the first appearance of Collins at the house of Frazee, which occurred about June Ist, 1879, to which place he came from the State Prison at San Quentin for the purpose of meeting with Thorn. At this time these parties made. the arrangement and final agreement of coming to the mountains for the purpose of robbery, and removed to Grass Valley inaccordance with their plans: We shall prove by Frazee the time at which they left, the borrowing and retarning of the gun, and their departure south, corrobating him by the _ testimony of Mrs, Frazee. We shall show by James Crumm the conspiracy of these parties to commit’ crime in the county of. Nevada, and shall show their cireumstances during their residence at Grass Valley. We shall present testimony to prove that Collins and Thorn passed on the upper road opposite of Grass Valley on the day following the borrowing of the gun at. Frazee’s, this being tne 26th of August, 1879. We shall show Collins and Thorn afterwards on the 30th of August, 1879, at the city of Nevada, and on the 30th and Ist prowling about, the vicinity of the scene of this murder. ‘We shall prove that on the morning of ~ September lst, 1879, Collins and Thorn were seen on two different occasions within about 300 feet of the scene of the murder, having with them the gun of Jamies Crumm, borrowed of Frazee on the 25th or 26th of August. We shall identify the gun by the evidence ‘of the owner and by peculiar marks indicating it to be the: same gun. We shall then show that immediately after the commission of the offense the parties who committed it were pursued and tracked across the lower road and'were seén by two men covering up their tracks as they crossed, they then making south in their flight. We shall show by Frazee that one of the parties returned the gun, and that about six--days thereafter this defeadant again appeared at Frazee’s, enquiring, for Thorn, We shall next prove the de. fendant at the drugstore of one Bell in Sacramento attempting to dispose of aquantity of bullion which was then left with Bell by Collins. and We shall then follow the defendant to a point one day’s travel from Prescott, Arizona, where he took a buckboard in company with Thorn for Santa Fe. We shall prove by Mr. Campbell that Collins, Thorn and himself were. fellow travelers from that point to Santa Fe and that on this passage Colling and Thorn exhibited large quan‘ties of gold bullion and represented themselves, one asa miner and the other as a teamster, having accumulated about $8,000 and then being on their way East to° visit friends. We shall then show by Mr. Jones of New Orleans the deposit of gold bullion, its coinage and the payment of the money to Collins under the name of Huston ; that Collins remained at New Orleans fo. several days thereafter. We next find Collins and Thorp at the city of Louisville, Ky., « 2 shipping through Adams & Co, here we follow Co lins traveling generally around the. tion in support of this indictment, ‘with some one.on the stage. the U0. 8 Mint at Philadelphia a ber of bullion «f the value of $4,000, and that the eaiue was afterwards withdrawn by Collins duly coined, and taken by him to Specht’s saloon where the sdme was mixed with another. amount of $2000: and over and th® while divided equally between Thorn and llins, From ns no farther than St. Louis-where the confession to O’Meara was made.” The witnesses of both the prosecution and the defense were put under the rule, being ordered tu remain out of the courtroom during . the progress of the trial unless when being examined. wM. EDWARDS Was the first witness sworn and examined; To. Mr. Gaylord—Reside

at the South Yuba bridge. On SepFlat stage to come to this cityfrom my home. Wm. F. Cummings was aboard with several other passengers. Near Rock creek going up a little hill the stage stopped, A masked man came to the right side and told us to throw up our hands and get out, and be quick. The robber put those in line who got out on that side. I was on the rear seat, Cummings outside. We got out on the left. -Fhe-robber came and felt of me then told us to go around into line.’ We didso, Tien he o dered the driver down and searched him, ‘Miss Skaéhan stayed on the stage. He took out the mail bag first, but didn’t open it, He opened the express bag, took out-a ¥mall box: and threw it on the. ground. He took out other packakes‘and put them in his pocket. He then threw the sazk back into the stage, While searching the pistol in his right hand went off towards the ground. A basket and carpet sack were felt o° and put back. He then reached ander the driver's seat and taking a valise asked whose it was. I understood Daily, the driver, say it was a passenger's, Cummings who stood at my right stepped forward saying, ‘It is mine. It’s all I’ve got in the world and I'll defend it.” He grasped the valise and then pulled a pistol partially out of his right hip — pocket.— -The. robber with the valise told him not to draw it, and the man with the. shotgun said he wouldshoot him-if he did. They scuffled back 12 or 15 feet when Cummings fell underneath. I was engaged in some business of my own when ‘I heard a shot, and looking up saw the man with the gun backing from near them, Curmings instantly falling, The one with the pistol then came and took what change I had, and‘ asked where that gold purse was. I took out a knife and said I guessed he felt that. I showed him my watch, but he did not take it. He searched McCarty and a Chinaman, taking some money from the former, He then told us to take the corpse and go. We said we couldn’t take the corpse, and he said none of us could stay with it, So we all got aboard and left. After going.a ways we. saw @ wagon and going back got the corpse. This occurred a little after 12 o’clock noon, I think, about three miles from Nevada City. Some fifteen or twenty. minutes were consumed in the robbery and murder. I believe the prisoner at the bar is one of the highwaymen. I judge by his general appearance and voice. I would not swear positively he is, but itis my firm belief he is. There was not much difference in the hight of the two, I considered the one who came to the staye (the defen. dant I think) the taller. Ais shoul: ders were high. The masks were faded green. window shades, clear over the heads and tied under the chins, with holes cut for the eyes, Cross-examined by Mr. Walling— Left home that day after 11 o’clock. Froth my place to the scene of the murder it 1s about four miles, having a raise to Blue Tent of about. 1000 feet. There were on the stage 7, besides the children. and driver. . had not seen defendant prior to the robbery. I--did not see the man with the gun till I went to the right side of the stage. The man with the pistol looked tolerably tall, and not so very stoutly built. He was 5 fect 10 or 11 inches. I thought he might weigh 175 or 180 pounds. ‘His mask I have described as I saw it. I could ‘ot see through it only at the holes,-which showed only the eyes and a portion of the mouth. Over his shoulders he had a blue overshirt or blouse coming to the waist. He wore blue overalls. He had boots en. I heard him speak a dozen times at least. I next saw defendant before the ‘Grand Jury. I ~conversed with him in the Sheriff's office that day. Daily, Lynch and Lees were also there. The object of my going there was to hear his voice. I was not asked as to either robber’s voiee during the Thorn trial, I am not sure if I then testitied as to identification of voice. I don’t know I can explain the peculiarty in his. voice. I recognize penple.more by voice than I do by naine or sight. It was not as coarse as some nor as fine as others I have heard. ‘The man who. held the gun I heard speak only a very few words. He said to come out of there and stand:in a line and we would not get hurt and _aisospoke to Cummings. I formed the’ pinion that they “were . acquainted One thing that made me think it was that Cummings bad never been ‘known to bring bullion’on the stage, always bringing it at odd times of day or night, and I_thought. they must know him to, thus. attack the. to sy The feo that. they did nov tember lst, 1879, I took the Moore’s . the other being stooped.-looked a little taller take his weapon from hitn struck me as peculiar. After the shooting I did not hear.either of the robbers ask, ‘‘Have you got it?” or words to that effect. There was no remark but Cummings’ to, indicate there was anything of value in the valise. The man with the gun wore a_mask and shirt resembling the other’s and well worn light -cassimere pants. He was lighter than the one. with the pistol. Icall them well developed men.“ Where the stage was Stopped is-a little bank on_each side, there being 15 or 16 feet between them, The stage’s center was ove: the ruton the left ‘side. The passengers in line were four or five feet from the stage, the driver being at the brake. The scuffle began at the forward wheel and continued to behind the back wheel. I did not see the.man with the gun pass to where Cummings was scuffling with the robber. Going back he passed between me and the bank. The“ man with the pistol spoke at times in a commanding tone, Whi'e “questioning as to the baggage it was an ordinary tone. When telling Cummings to put_up his pistol it was in a very positive tone. Most that he said was in a conversational tone, I nev ertested my ability to recognize a voice three years.and a half after hearing it once. Atthe time of the robbery I was.doing my best to get a clue to identify the parties. I had no opportunity to determine wiiether the man with thé*pistol had whiskers. The man scnffling with Cummings I considered to be more slimly built than Cummings. Idid: not notice as to their comparative hight. Cammings might have been 20 or 25 pounds Heavier than the robber, Redirect by Mr. Gaylord—It was the peculiar circumstance of the robbery that imprinted these things on my mind, . Re-cross-examination by Mr. Walling—When I saw the defendant, here before I did not swear defendant is the man with the pistol. It is only ‘my belief he is. * M. B. DAILY Was sworn and testified. To Mr. Gaylord—Am a stage driver. Drove the Moore’s Flat stage the day Cummings was killed. Left here about 6:30 that morning, driving to North Bloomfield from which point Cummings was one of thé passengers in returning. The rebbery took place about 44 miles from town, this side of Rock Creek a mile or three-quarters: As we were-coming up a prade Cummings and Miss Skaehan being on the front seat and talking with me, Cummings looked up and said something. I saw two men, one with ashot gun and one with a pistol." The passengers alighted -and were put-ina line, [Described same as by Edwards. ] Cummings said, “You'can have what mony I’ve got.” After going through the ‘contents of the stage, he came to Cummings’ valise, inside of which I-heard pomething slide. I told. him’ I thought . it was-the young lady’s when he asked me. She said, ‘Oh, no.” Cummings. stepped forward saying it was his, all he had in the world, and he would protect it, They scuffled till Cummings fell and again got up, the man with the gun several, times saying, let go of him——you, I will kill you.” He came down the line, T-heard a gun shot and Miss Skaehan looking around said they had Kkylled Mr. Cummings. Iwas too busy with my horses, which were acting badly, to see all’ This must have happened between 12-and 12:30. I saw one of the men kick Cummings’ valise open, We broaght it to.town Mfter the robbers emptied it, Tais-is the same valise. When put aboard after the robbery it was emp y. When I put it aboard at Bloomtield it was pretty heavy, aud there seem. ed to be a single article in it. I told them I could: not bring ;Cummings’ corpse in and they said all right. When I got arouad the corner [ stopped and asked sone of the men to go back, bat they would not. Two of them got out at Houston's and went back with the min with the wagon to get the corpse. ‘The robbers were well built. The ovejwith the gun seemed the taller of the two. Defendhim inthe cell, than the one who did the robbing. Thorn answers the description of the one with gua, ant, when I saw the They had blue overalls on soiled with white dirt.” The ang that did the robbing had a woolen cross-barred shirt on, the étlter a blue shirt. Cross-examined by Mr. Mason— Mr. Cummings said something low that made ag look up at first. I saw a gun in one’s hand, a pistol in the other’s, as they raised up. They told me to halt. Idid. Most of them got out onthe off side, but Cummings on the nigh side. The country there is rolling and covered with brush. Cummings was brought around into line by the’ robber with the pistol. Theother held a shotgun on them. I saw Cummings take something out of his pocket and give it to the robber. Cummings was second or third in ‘the line. They ordered me in line, but. I said) /T could tot leave my borses and they let me sles” thera I did not see what’ Mr, Cumulaga ‘gave them. . He just ran hig hand dowh in his pocket and took gat’ something, eS do not know what any of the passengers gave the robber. They had no hats on, the masts being over thei: heads like bags: The man who did the robbing had a. mustache, J could see a ‘oe hairs of it, . I do not-know ve 1 “Tf you don’t . whether mas had baste: The pistol tiist went off while he was going through the xpress sack.. When he came ty the pouch the other man said, ‘‘That’s what you want,”— The package he first took from} the ‘express bag and then threw back was bullion. The robber just shook a little the Chin man’s carpet bag, Then he took, hold of Barron’s bagyage. When he litted4 out Cumniings’ valise 1 heard something heavy slide in it, . Cummings stood second or third from the head of theline. The head man stood at the head of the. wheel-horses, the man with the gun standing by the leaders. Cummings and the robbe: scuffled down between the line of people and the stage. The one with the gun came down between the line and the stage calling out to Cummings to let go or he would kill him, No one made a move to stop him as he went forward to shoot. Cumtnings was heavier than the man he was scuffling with. were nearly the saine size. The one with the gun might have been 5 feet 10 inches-or 6 feet’ The oie’ with the gun looked heavier about the shoulders, and might have weighed been about the same. Their overalls looked as though they had heen worn in a mine and fit tightly. They looked as though . the men were away from home. when_ the pants were made for them. I can’t say whether the . mustache I ~ saw through the hole was daik or light. [ did not see enough of it to distinguish, ‘I was not excited, and. took particular notice of what <I saw. Chis must have been 12:20 or 12:30, They were about 20 minutes robbing the stage. I have been stood up before Four or tive of us went in to see defendant. I wanted to know if I had fever seen him before. I-did not make up my mind then TI had seen him before, I said I might have seen him, but did not say I thought he was one of the robbers. I ‘do not know who the robbers were, I did think Thorn was ‘like the man with the gun, The man that held the gun was square shouldered. I noticed their voices partioularly during the roboery. I_see no resemblance between the-voice~ofdefendant and the voice of either of ‘the robbers, There was.nothing to show they knew any of the parties on the stage or had any knowledge of its contents, Cummings never ‘before brought bullion on the stage while I drove it.. He had rode with me’ but once before, THOS, BARRON Testified as follows: To Mr. Gaylord: Reside in Nevada City. The day that Cummings was killed my wife and children and I were on the staue. . Witness related the incidents connected “with the stoppage of the stage. ] My wife got scared when told tostand in “lite and” started for the brush; She was to'd to come back and d‘d'so, After the-shooting of Mr. Cummings the man with the pistol took the valise and emptied the contents out. I saw Mr. Cummings have a’ watch when we stopped at {Blue Tent to water the horses. He then spoké’of the time of day. Cross-examined by Mr. Walling— I was looking out of the stage when [saw Cummings’ watch. We were talking about*the time and I looked up at him. I was on the front seat, The robber took nothing from me ot iny wife. He did not touch her to my knowledge, When my. wifé went to go into the brush I went to her and brought her back, and went up by the man with the gun 4s he . ~ iold me todo, I was 12 or 15. feet from the other passengers, When the-man with the gun went down to shoot he went slowly keeping careful watch of-us. I had achild in my arms; and had nothing. to. lose, and that’s why [did not jump on him. He had said -he-would shoot me if 1 didnot keep quiet, and I thought hé meant it. The man with the pistol cut open the valise with a bowie-knife. I see no marks of a knife on this valise. The man with the pistol was the taller of the two, and weighing 190 or 200 pounds, The one with the gun seemed . 10 or 15 pounds lighter. The one with the gun was more squarely built around the shoulders than the other. The one with the pistol “had a kitud fa hazel eye, pretty large. saw sowe of their hair, I heara nothing of any jewelry being taken Re-direct examination by Mr. Gaylord—After’ Cummings was killed the man with the pistol beyan searching the passengers.. I took a purse out of my pocket and said there was only three or four dollave in. it and I was moving my family down from North Bloomfiald, They told me to put it back, that it swas not what they were after, Court adjourned till 9:30 o'clock this morning. 1 also Penny “Wisdet--Pound Folly. It is foolish to save the little that SQZODONT costs, and suffer what. will result in bad: teeth and large. paynients to dentists, Place a bottle the mouth and show your wisdom. : oe eer ee Nervous debility, the curse of the American people, immed iately yields to the uetion of Brown’s “Iron Bitters. For Sale. House and lot in central part of city for sale, Enquire of Croas -& Simends, . A The robbers 175 or 180. The other might have. of it on the toilet, use’ five drops only . — ‘of it every time after eating, cleanse TRUE Temperance Is not signing a. pledge or taking signing @ oath that cannot be kept, because of the non-refoval of the cause —liquor. Thewaytomake a man temperate is to kill the desire for those dreadful artificia) stimulants that carry so many bright intellects to premature ves, and desolation, strife and unhappiness into so many families, ~~ Ttisafact! Brown’s Iron BITTERs, a true ing Pope ic tonic, made in Baltimore, Md. simi the Brown Chemical , who are old drugevery particuY gir and in ery will, by removing the craving a of the drunkard, and by curing the nervousness, weakness, and general ill health resulting from intemperance, do more to promote temperance, in the ‘strictest sense than . any other 1 means now known. ‘ It is a well authenticated fact that many medicines, éspecially ‘bitters,’ arenothing but cheap whiskey vilely concocted for use in local option countries. Such is not the ease with Brown’s IronBitters. Itisamedi* cine, a cure for weakness and decay in the nervous,muscular, and digestive organs of the body, producing good, rich blood, health and strength. Try one bote tle. Price $1.00. MORE INJUNCTIONS Proclamation. I, the undersigned, do'a Clothing and Tailoring business in Nevada City. . i I bring from abroad skilled me-~ chanics to live here, work here, spend among other ‘trades people here the money they earn, and it goes spinning in-circulation through all the arteries-oftrade, rea 8 The more patronave I receive the more’ skilled labor I employ, and therefore the more population and prosperity for our town. ’ Town-sites are comparatively valueless without. population. The more business I do the more — cheaply J can do it. My prices are even now as low as any in the State. My workmen are as good as any. I strive to get.the best. In that particular I have succeeded admirably. Give your orders to other cities, let your checks in payment follow your orders, and your shekels have goue to stay—to benefit other localities—not your own. All.follow that policy and proper. ty values shrink until stagnation sits upon your hills, Injunctions from “Below” seem to be the order of the day. As a stand-off, and in view of the foregoing—conclusions, I therefore proclaim— That I bereby enjoin all good citizens of .Nevada City and. County from sending orders ‘‘Below” for the clothes they wear, —or from patronizing ‘‘canvassers’” from ‘*Below” whe come here for no other purpose than to sconlulate with your cash to other localities, where it willbe out of your reach and. hard to gather any part of it again. Furthermore I cordially invite all who are inquest of Clothing, men’s Furnishiig Goods, Hats, etce,, to visit my place of business, where they will be treated affably. * Done at BARRETT’S Cloth House and Tailoring Establishment, 46 Broad Street, Nevada City, February 28th, a. p. 1883. C.A. BARRETT, Clothier and Injunctor. P. S. Look ont! My ‘next will be a review of Spring styles, in Fabries and “‘make ups, a READING ROOM COFFEE. HOUSE, . BROAD ST., Next Door to Hunt's “i, CHAS. ADOLPHE, rrop'r, Open from ¢ A. M. 1111 Midnight. COFFEE AND DOUGHNUTS.... 10 Cte. CHOCOLATE AND _Doucanty TS..15 Cte’ Requiae Meals ‘Cooked to ‘Order on short t notice, Neat, Prompt, Orderly, N No Chinese Employed,