Vern D //////////////////////////////////////////// Transcribed by Dee Sardoch ////////////////////////////////////////// Stockton Daily Independent Stockton, San Joaquin Co., CA ************************************** >>Tuesday, 10 Sept 1861<<
HOMICIDE and Coroner's Inquest -- M. CAIN and Frank FUGELER got into a quarrel last night on Centre street, near the gas works in this city, which resulted in a fight. FUGELER stabbed CAIN twice, causing instant death. A jury composed of the following named gentlemen was summoned: L. NYE, C. VINCENT, A. ANDERSON, H.W. CHARLES, T. DRIVER, M. DULWAN, G.H. SMITH, M. GLEASON, John WATERHOUSE, A.B. HOUCHE, B.C. DUVAL and John YARDLY. They repaired to the spot where the body lay, and after examining the body, they returned to the Judge's office, where, under oath, they heard testimony:
DR. NORCOM, testified -- Said he was called to attend the wounded man; when he arrived, found him dead; saw blood on his shirt; made an examination of his wounds; found a wound on the right and on the left shoulders; the wound on the right shoulder was trifling -- that on the left shoulder he thought penetrated the cavity of the chest; it might have been sufficient to cause his death; thought it killed him; this was about 8 o'clock in the evening; did not know the name of deceased; had heard him say he was a blacksmith.
Juror -- "Did you examine his head?" No; I probed the wound to the depth of 4 inches; the knife entered obliquely; he might not have lived 2 minutes after receiving his wounds; perhaps from 5 minutes to 15; it might have been more; could not say that the knife severed an artery; thinks that the arteries entering the lungs, might have been severed; deceased bled but little externally; only made a superficial examination; could not say that he knew who inflicted the wound; thinks it was a man living on the Stanislaus - the same who came here and surrendered himself -- FUGELER, by name.
A. BOURS -- FUGELER came to my office this evening, telling me he had cut Michael CAIN; gave himself up; this was about 10 minutes past 8 o'clock this evening; told me he had a quarrel with his brother-in-law, CAIN; had cut him; retained FUGELER until an officer had been sent to ascertain the injury inflicted on CAIN; the officer returned and reported CAIN dead; FUGELER was then imprisoned to await the result of this examination; CAIN was a blacksmith by trade; had resided in Stockton; returned here last night from Folsom; his wife resides here; had been at work at his trade in Folsom; knew nothing of the circumstances of the quarrel except as defendant related them to him; don't know the age of deceased; thinks him a native of Ireland and 35 to 40 years of age; defendant told me he had had a quarrel with CAIN about some grain; went away and returned again to remove some barley from CAIN's house, when CAIN abused defendant and struck him with a stick; defendant then drew his knife and cut him; defendant spoke of the knife and wished to know whether it should be present at his examination; defendant told witness that CAIN had before threatened to hurt him.
JOHN S. NORTH -- Saw CAIN stabbed by Frank FUGELER; FUGELER drew back and struck with all his force; saw the knife-blade glitter; it fell with full force; CAIN fell, exclaiming, "Oh! I'm killed." CAIN had been drinking a little, but was not drunk; had quarreled; FUGELER left rapidly and shortly returned; witness thought FUGELER left to get a knife or pistol; witness tried to hold CAIN back; CAIN complained before the final fight that defendant had struck him with a board; witness heard them quarrel and saw them running away and heard blows or a blow as they got over a fence near the gas works; after this FUGELER returned to CAIN's house; thinks FUGELER would have evaded the quarrel had he not returned; the houses of defendant and deceased adjoin each other; couldn't say whether they both went away together after first quarrel or not; couldn't say that CAIN followed FUGELER; they were gone out of sight 10 or 15 minutes before they returned again; this was near the gas works in this city; CAIN had nothing in his hands when witness had hold of him; FUGELER was advised to go away before the final fight; FUGELER did not retreat when CAIN advanced, but turned around as quick as CAIN got in striking distance and struck the fatal blow.
JERRY McCURTY -- Knew Michael CAIN, the deceased; he was a native of Ireland; his age was about 35 or 40 years; saw deceased struck, but couldn't tell if FUGELER had a knife or not; this was at 8 o'clock in the evening; saw FUGELER coming up 10 or 15 minutes before this, and walk around Mike CAIN's house; then they soon after quarreled and witness came out to where they stood; 2 minutes after this the blow was struck; it was then dark, but the moon shone some; CAIN told witness just before dark that some one had struck him; don't think deceased was out of the way with liquor; didn't see DAIN offer to strike FUGELER; heard threats made, but don't know who made them; heard Mr. NORTON tell FUGELER to go away; CAIN did advance toward FUGELER angrily; called each other hard names just before the blow was struck. [Witness was here shown a bowie-knife, but could not identify it.]
MARSHAL SANBORN -- Visited FUGELER since he was put in jail; he told me where the knife was; got the knife and identified the one on the stand as the same. [It was about an 8-inch bowie-knife, bright and wide in the blade, and was found by defendant's directions near where the stabbing had been done, and close to it was an old table-knife, with a sharp point, but no handle.]
J.P. HOUCHER, a juror -- Testified that FUGELER had borrowed a dirk-knife of him, on Monday morning, 2d Aug., and he thought this was the one; FUGELER wished the knife to arm himself as a special policeman, on election day.
THE JURY, after an hour's deliberation, found that deceased was a native of Ireland, named Michael CAIN, and that he came to his death by a stab from a knife in the hand of Frank FUGELER.
>>Thursday, 12 Sept 1861<<
JUSTICE'S COURT -- -Frank FUGLER was arraigned for the murder of Michael CAINE. Held to answer to Grand Jury.