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Page: of 374
GRASS VALLEY UNION OCTOBER 17, 1866 319
Dodge, hanging on hooks in a room at his house. On Monday, the 9th, Underwood found bullets
in the pouch fitting the rifle. On the next morning, the 10th, he went to load the rifle and found
bullets fitting the rifle and others too small, and the smaller bullets in the pouch correspond in
size with the bullets in the pouch correspond in size with the bullets which were taken out of
the body of the deceased. He disappeared from his brother’s house about the time we should
expect him to disappear, on the hypothesis that he is the [guilty] party, and is not seen again
until the next morning; and soon after the time of the disappearance from the house a person
with such a gun as he had borrowed was seen at different points upon the road between his
brother’s house and the locality of the homicide; and going towards it just where the prisoner,
if guilty, would naturally have been. The deed is done under such circumstances that he might
have done it, and the bullets found in the body of the deceased correspond in number, size and
appearance with a charge found in the left barrel of the gun which he had in his possession and
returned on the next day, and also corresponded with other bullets found at his brother’s house
in a place accessible to him. The right barrel would be likely to be the one discharged first. All
these facts, with other minor circumstances, point with great directness to the prisoner as the
guilty party, and to no one else, unless it be his brother Josiah. But Josiah did not disappear, so
far as is shown by the evidence. He was at home at nine o’clock, at the time when Robert was
absent, and while the man, whoever he was, was from time to time seen between Josiah’s home
and Ahearn’s saloon. [Let] it be conceded that the evidence tends strongly to the prisoner as the
man who actually committed the deed. No other party than one of these is shown to have had a
motive, or to have had, in any respect, a connection with the suspicious circumstances. And the
prisoner has not attempted to give any account of himself from the time he left the party of five
at the supper table, till the morning, when the homicide was committed. The jury were unable
to reconcile the facts proved with any other reasonable hypothesis than the guilt of the prisoner.
We cannot say, therefore, that the evidence is so utterly [illegible] that this Court would be
justified in setting aside a verdict with which both the jury and the Judge before whom the case
was heard were [illegible].
It follows that the judgment must be affirmed, and it is ordered, with directions to the District
Court to appoint a day for carrying the sentence into execution.
STILL THEY COME.—The Colfax stages yesterday brought to this place seventy passengers!
Pretty good for one day. Of the number at least sixty-five were full-chested, brawny-fisted miners,
fresh from their native Cornwall, who have undoubtedly come to this place to assist in developing our
wonderful mineral wealth. They looked like men ready to work energetically in our mines, and sixty-five
such men are worth to a new country more than a half dozen ship loads of the kid-gloved and lavender
kind.
DISMISSED.—In the case of the People vs. Henry Roberts, for assault and battery, continued in
Justice Byrne’s Court on Monday last, defendant came forward on Monday evening, and, with consent
of complainant, the case was dismissed, defendant paying costs of suit. The family jars, so common in
the past with the Roberts family, are not likely to occur in future, as the metaphorical blanket has been
severed, the male representative of the family stipulating to take his portion of the articles of covering
and camp in future in other clearings.
BEAUTIFUL DAY.—Yesterday was one of the loveliest days of the Fall. The winds of the two
preceding days lulled, the sun shone out with an Autumnal warmth through a sky of blue, flushed to a
mellowness by Sol’s artistic touch, and Winter never seemed more distant than yesterday.