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Collection: Directories and Documents > Nevada County News & Advertisments

1857 (283 pages)

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78 APRIL 29, 1857 NEVADA DEMOCRAT THURSDAY, April 23. This day was mostly occupied in hearing the arguments of counsel. Col. Baker arrived in town the evening previous, and made a brilliant argument for the defense. The Court having instructed the jury, the case was given to them a little after five o’clock, and at six o’clock they returned with a verdict of “guilty of involuntary manslaughter.” The defendant was then ordered into the custody of the Sheriff and Saturday, at ten o’clock, was set for pronouncing judgment. The Murder Trials. The trial of Hay [sic], indicted for the murder of Wm. Stafford, and convicted of involuntary manslaughter, and that of Moore, convicted of the murder of Wm. Alex. McClanahan, have excited considerable interest in this community during the past week. we give in our columns to-day a pretty full report of all the testimony given before the Court, and by reading it a good idea can be formed in regard to the evidence upon which they were convicted. Mr. Hay has lived in this community for several years, has always been a peaceable and quiet citizen, and he has the sympathy of almost the entire community. An appeal has been taken in his case, and we learn that an effort will be made to obtain a pardon. The fact that he had no idea of killing Stafford when he struck him, or of even seriously hurting him, will doubtless have considerable weight with the Executive. On Saturday he was sentenced to imprisonment for one year in the Penitentiary. There is perhaps less discrepancy in the evidence in Moore’s case than could have been expected. There may be room for doubt as to which shot was first fired, but we apprehend that this is not a material point, as it is evident that both McClanahan and Moore were raising their pistols at the same time. The weight of evidence would indicate that Moore’s pistol was first discharged, but was followed so soon after by McClanahan’s that it was difficult to tell which was first. Some fifteen persons were in the room at the time of the occurrence, but a number of them were so drunk that it was not thought advisable to take their evidence. A theory was set up by the prosecution to account for the discharge of McClanahan’s pistol without any agency of his own. It was to the effect that the ball from Moore’s pistol, in passing through the muscle of McClanahan’s arm, caused a twitching of the fingers sufficient to pull off the pistol. When the fact is taken into consideration that he had not got his pistol in the range of Moore at the time it was discharged, this theory seems highly probable, though he must at the time have had his finger on the trigger, and been in the act of raising his arm. It will probably always remain a mystery as to how Moore got stabbed. He received a frightful cut in the back, which penetrated the cavity of the lungs. The prosecution set up two theories to account for this wound. One was that his wife stabbed him the morning previous, and the other that he had stabbed himself in order to create sympathy. Neither of these theories was sustained. In fact, when the nature of the wound was ascertained, they were seen to be improbable on their face. The only light in the room was a camphene lamp, and this was extinguished by the concussion caused by the discharge of the pistols. Moore was evidently stabbed by some one about this time. Who it was will probably never be ascertained. Moore has generally been regarded as a bad man, and it is reported that he has been connected with the gang of robbers who have infested this neighborhood for some months past. Whether there is any truth in these reports we have no means of knowing. He has been living in Grass Valley for some time, and his associations are bad. He will be sentenced today. INSANE.—John Meyers, who is now in jail on a charge of attempting to burn the town, is, or pretends to be, insane. It seems to be the impression generally that it is only pretense, but those who have charge of him are of the opinion that he is really deranged.