Collection: Directories and Documents > Nevada County News & Advertisments

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Title: 1857 Collection Type: Directories and Documents Collection Name: Nevada County News & Advertisments # of Pages: 283 Download PDF: User Login Required Download OCR Text: User Login Required

Date Scanned: 2024-07-14 06:12:32 Item Sourced From: PDF First Created: 2025-03-17 04:07:04 Last Updated: 2025-03-17 04:07:04

Original Held At: Searls Historical Library Location: 161 Nevada City Hwy, Nevada City, CA 95959

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NEVADA DEMOCRAT APRIL 29, 1857 77 took up his pick and went to work; Hays said Stafford was a d—d rascal, and was meddling with things that did not belong to him. Stafford said that he would bet a thousand dollars to fifty that there was not water money in the dirt. Hays replied, “if there is not a cent in it it is not yours,” and made at Stafford, and struck him on or about the face; Stafford then threw up his hands to protect his face; when Hays struck again, hitting him on the neck. At this time, Stafford was stooping a foot or two, and his head was bent over sideways; Stafford made no effort to strike Hays that I saw, and said nothing to him except what I have stated. About four or five minutes elapsed from the time I took Hays off from Stafford before he struck him again. After receiving the second blow, Stafford fell in the ditch, against the bank; I picked him up immediately, and he expired in five or six minutes—it may have been ten. He never spoke a word after that. When Hays struck him on the neck, he kind 0’ squealed, but said nothing intelligible. Hays got his hat and left immediately. . . Hays laid no claim to the ground or to the ditch—only the dirt. It looked like an old pile of dirt. T. J. Butler, sworn.—I reside on Wet Hill, and was present at the time when Stafford was killed. I recognize Hays as the one who killed him; when I first noticed them I was about 125 yards off; I saw Hays pass my cabin and go over to where Stafford was working; I saw by their motions there was a dispute between them about something, but was too far off to hear what they said. I saw Hays pick up a stone and raise it over his head, but he let it drop and jumped down in the ditch where Stafford was working; I saw they were in a scuffle, but they went down out of my sight, and I then started for the place. When I got there I saw Hays strike Stafford about the face of head, and Stafford fell. Stafford said something about betting before Hays struck him. I was standing about ten feet off; Hays and myself were talking when Stafford spoke about betting. Hays then turned struck Stafford one and he fell. Stafford made no resistance that I saw. He died about five minutes after the blow was struck. Hays immediately started for town. He mad a remark to the effect that Stafford was not hurt but the next time he would give him a black eye.... Stephen Howes, testified substantially to the facts sworn to by Butler. He was working with Butler and noticing the difficulty between Hays and Stafford went to the spot. Witness saw Hays strike Stafford, and the latter immediately sunk down; thinks Hays struck him again but was not certain; left the spot two or three minutes after, and thought Stafford was about dead when he left. Hays started for town immediately; heard him say that Stafford got but one good lick, and he ought to have had three. Does not know that Hays was aware of Stafford being dangerously hurt before he left; heard Butler say that Stafford looked like a dead man, but does not know that Hays heard the remark. Drs. Hunt and Knox had examined the body after death, as physicians, as testified in regard to the cause of Stafford’s death. The blow was struck on the side of the neck at which point the jugular vein and carotid artery lie close together and near the surface. Dr. Hunt had been called by Stafford’s friends, but the man was dead when he got to the spot. He was of the opinion that some blood vessel had been ruptured hear the heart, as arterial blood came out of his mouth and nostrils. Dr. Knox had been called by the Coroner, and made an examination of the jugular vein and carotid artery. Neither of these vessels were ruptured. Was of the opinion that death was caused by the shock to the nervous system. Other witnesses were sworn in regard to the character of the deceased. He was about thirty years of age [actually 22], had little or no beard, and was effeminate in mind and body, and not disposed to fight or take his own part. Some witnesses swore that he was shorter, but heavier set than Hays; others that he was taller and not so heavy. Some stated that he was below the medium size, but one witness who seemed to know, said he was six feet two inches in height. The defense called several witnesses who testified that Hays always had the reputation of being a peaceable man. The evidence having closed, the jury were cautioned in regard to talking with any one about the matter, and allowed to separate.