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Page: of 283
NEVADA DEMOCRAT OCTOBER 7, 1857 209
RAIN.—A regular winter rain set in about twelve o’clock, on Monday night, and continued with
little intermission up to a late hour last evening.
Trial of Charles Davis.
The case of Charles Davis, indicted for the murder of Louis [Mueller], at Humbug, last July, was
taken up in the District Court yesterday morning. The trial jury having been empannelled, the indictment
was read by the Clerk, and the plea of “not guilty” entered. Messrs. Churchman and Musser appeared as
counsel for the accused. The District Attorney having stated the facts he expected to prove, called the
witnesses for the prosecution.
Ellen Miller [sic], daughter of the deceased, Louis Miller [sic], testified that on the 26th of July
Davis asked her father to allow her to go to the circus that evening. Miller refused to let her go, giving as
a reason, that she had too much work to do. During the conversation, Davis told Miller he was a coarse
mean man, and struck him. Miller then struck Davis, who ran out doors, followed by Miller, who picked
up two stones and threw one of them at Davis. They then got out of witness’ sight, and a short time
afterwards she heard the report of a pistol, and shortly after saw her father coming back with his hand on
his side. He fell immediately on getting to the house, and died in twenty-five or thirty minutes. Witness
saw no weapon either in the hand of Davis or her father’s. Miller kept a public house, and Davis was in
the habit of taking his dinners there. The conversation between Miller and Davis took place in the
barroom, and the affray happened between sundown and dark. Two pistols were hanging in the bed-room
of the house, near the bar, but witness was confident her father did not get either of them.
Wm. Scott, a blacksmith, residing at Humbug, was acquainted with Louis Miller, and the defendant
Davis. On the evening of the 26th of July, witness saw Miller and Davis coming down the road towards
his shop, Davis ahead. Occasionally they would stop and talk, and then Davis would start on and Miller
follow him. Miller spoke in German, and Davis told him to speak in English so he could understand him.
Miller then ran close up to Davis, and drew up his hand as if to strike. At this moment witness stepped
one side to get out of the way, and while his eye was turned from Davis, he heard the report of a pistol.
Miller than put his hand on his side, and turned and went back to his house. Witness saw no pistol in
Davis’ hand either before or after the shooting; tho’t Miller had something in his hand, but couldn’t tell
whether or not it was a pistol. Miller was shot in the right side and died in about half an hour. Davis then
spoke and told witness that he had seen everything, and that he (Davis) was going to give himself up. In
answer to a question by the Court, the witness stated that he could not tell from what he saw whether or
not Davis fired the pistol.
Mrs. Miller, the wife of the deceased, testified to subtantially the same facts as were sworn to by her
daughter. She stated that when Davis went out the door, he told Miller to come out and he would shoot
him. Miller said he wouldn’t shoot, but would fight him. Miller told Davis he would drive him through
town where there were more people, and went out after him when Davis run, and shortly after she heard
the report of a pistol. Her husband came back soon after mortally wounded.
Several other witnesses were sworn for the prosecution, but no facts of importance were proven
which are not included in the testimony of the first three witnesses. The evidence for the prosecution was
concluded about 5 o’clock last evening. It is said that the defence have witnesses to prove that Miller had
a pistol in his hand at the time he was shot. The trial will doubtless be concluded to-day.
[List of Letters remaining in the Nevada City Post Office on Oct. 1, 1857.]