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Collection: Directories and Documents > Nevada County News & Advertisments

1858 (280 pages)

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NEVADA JOURNAL OCTOBER 29, 1858 231 shots; I fired five shots and Stone five; Stone tried to get away from the Chinamen but couldn’t; when I looked back saw Stone down and Chinamen shooting and stoning him; Stone’s pistol was a five shooter and mine six; when I left several of the Chinamen had fallen; the affray was 7 or 8 yards from the river on the Placer side; the ground was rocky, loose stones thrown on it from sluices. I lost my knife and Stone his hat on the ground; the knife in Court is mine and the hat is Stone’s. Stone said he was shot in the ear and leg. The ear was split and a bullet appeared to have hit his leg and glanced down. After the fight started for Bear Valley; got on a cliff of rocks and dressed my leg; it bled badly; Stone loaded our pistols and tied up my leg with a handkerchief about 200 yards from the Chinamen. Got on a ditch and followed up till we came to a road on which we traveled till we reached a cabin in which Kidd’s men stopped; reached Kidd’s camp about 4 o’clock Monday morning; stayed till sun up when we went on to Wheelers; the Spaniard left us at the scene of the fight; Stone told Kidd’s men we were witnesses in the Griffin case, and was on his way from Rabbit Creek to testify but we had fallen over a precipice and got wounded. Got a horse of Wheeler and rode out to Alpha; Wheeler went along. I stopped on the hill near Skillman’s mill and Stone and the Spaniard went to town and bought me a hat and overalls. Stone took my hat. I rode on Wheeler’s horse to Grass Valley and Stone with a teamster. Stayed at Meeker’s Monday night. Got into Nevada at 11 o’clock next morning. I did not stop but went on to Grass Valley. Stone stopped in Nevada. Was arrested on Tuesday night by J. Bence Van Hagan. Dont know what hour as I was asleep. We intended to go on the robbing expedition a week before we started. I proposed the place and Stone assented. We robbed some Chinamen Thursday night before we started from Grass Valley. When the affray commenced at Bear River, I went up to the cabin with the Spaniard. A Chinaman tried to come out I pushed him back. A Chinaman behind cut me in the leg. There were 8 Chinese in camp. Stone was 25 yards from camp when he fired. The Spaniard took no part in the affair. The Chinamen fired first at Stone. Stone tried to leave after they shot at him. There were twenty shots fired. On Thursday night robbed a camp on Bear River; 9 Chinamen there. We pushed the door open, went in, drank tea and brandy; drew our weapons and demanded their money. Got $8 and some dust. Stone sold the dust at Alpha for $44. The hat of Stone and knife of Pascoe were found upon the place of the killing and fully identified. Stone and Pascoe were literally tracked by the blood of the latter to the place where they were arrested. The defence offered no testimony and the case was submitted to the jury about 3 o’clock on Wednesday. The defendants counsel admitted the truth of Pascoe’s statement and the villainy of Stone, but urged upon the jury, that from the evidence it appeared that the prisoners had abandoned their attempt at robbery, and were endeavoring to escape, and that the Chinese were not attempting to capture but to kill the defendant. The jury were out about three hours and returned a verdict of guilty of murder in the second degree. Great surprise is manifested at the verdict, as it was thought the jury must find Stone guilty of murder in the first degree, from the evidence. Yesterday morning Spanish John, by leave of Court, withdrew his plea of not guilty, and plead guilty to murder in the second degree. Sentence will be pronounced against both prisoners to-morrow morning at 10 o’clock. RATHER SEVERE.—George Alger, a defaulting juror, who had been summoned to serve in the District Court, was yesterday sent to Jail for five days. On being conducted out of court he enquired if there were any furnished rooms in the Hotel de Lenhardt. The answer being in the affirmative, Mr. Alger