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Page: of 16

; (Last week we recounted the tale of one of the first murders
in Nevada county. Today the criminal will pay for his mistake.)
Roberts received three wounds, according to the report,
“One on the left arm and two on the body. One of them
penetrated the walls of the chest, immediately back of the left
-nipple, passing through the lung and cutting the pulmonary
artery.” This was the evidence as adduced before the coroner’s
ury.
“The accused was arrested on the day of the killing by
Constable James W. Peters and was duly committed to jail,”
according to the newspaper report. ‘‘At the following term of the
“County Court a true bill of murder was found against him and at
the January term of the District Court, he was tried and found
guilty of murder in the first degree.”
The account goes on saying the governor declined to interfere after being asked to commute Butts’ sentence to imprisonment for life. The appeal was then taken to the Supreme
1800's.
Court. but after several months the case was turned down and
the sentence of hanging was fixed by the District Court.
“In accordance with the edict of the court,” the story
continues, ‘‘Sheriff Montgomery made all necessary
preparations and yesterday the hateful day arrived.
“The prisoner had been long assured there was no hope for
executive clemency and had made up his mind to meet with
firmness the doom that had been pronounced by the court of last
resort.
“Rev. George Davis of the Episcopal Church, had been
constant in his attendance with the prisoner, and by his kindly
and Christian advice had in a great manner prepared him for
the trying thing through which he was to pass.
““A limited number of invitations were issued by the sheriff
embracing members of the press, medical persons and citizenswho were kept to the number of 30 or less.
‘The gallows was erected in the jail yard and the front door
of the court house being guarded by an officer, allowed that
privacy intended by the law and kept away the crowd that
otherwise would have gathered to the scene from curiosity.
“A few minutes past 12 o’clock noon the prisoner was
brought down from his cell into the sheriff’s office, attended by
Sheriff Montgomery, Undersheriff Byrne, Deputy Carter and
Len Harris, of Sacramento, and the Episcopal minister, Rev.George R. Davis.
“A momentary pause was made in the office when the officers with the prisoner, followed by a number of those who were
invited, descended into the jail yard and ascended to the scaffold
with the prisoner.
“During all of this time Butts was, to all appearance, calm
and collected, manifesting no sign of nervousness nor making
any exhibition of bravado. Upon reaching the scaffold he was
seated in a chair when the sheriff read to him the death warrant.
“He retained his composure throughout, and when the
reading was finished, on being told by the sheriff that he could
make any remarks he wished, Butts declined but asked Rev.
Davis to speak for him, thanking the officers for their kindness
and sympathy during his long confinement, and asking
forgiveness of all friends and enemies and Almighty God for the
wrong he had committed.”
Going back about a year to the Sept. 10, 1878 Daily Union, we
find reference to the first day of the session of District Court
when the day of execution was set.
After Judge Reardan asked the prisoner if he had anything
to say why sentence of death should not be pronounced against
him, Butts made a long speech. 2
“He declared that justice had not been done him in the
STRIPES WERE THE uniform of the day in the late
November 20, 1975 Th
Part II The Punishment
trial,” according to the newspaper, ‘‘and said he had not been
properly defended.” After the execution day was set Butts told
Sheriff Montgomery he ‘would die like a man,” although he
considered that ‘“‘he was being murdered by the law.”
“During all this fearful trial his features made no perceptible change and he spoke no word nor betrayed any anxiety
as to his fate. It was only by a nervous twitching of the hands
that spectators were made conscious of the terrible mental
struggle which he was undergoing.
“Butts did not look at the spectators who stood below him,
but seemed interested in the manner in which the straps were
fastened around his body. After the fastenings of the straps, the
noose was adjusted about his neck, and the black cap drawn
over his head. f
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The Nevada County Nugget 3
WOMEN IN THE early days were usually found guilty
of insanity.
M.