Death of MICHAEL CAINE in CA in 1861
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Transcribed by Dee Sardoch
Stockton Daily Independent
Stockton, San Joaquin Co., CA
>>Friday, 6 Dec 1861<<
MURDER TRIAL -- The trial of Francis FUGLER, upon an indictment for the murder of Michael CAINE, was commenced in the District Court yesterday.
The following jury was empanneled: Messrs. Frank BROWN, S.P. GORHAM, C. JONES, J.J. McCRACKEN, Aaron GOLDING, F.M. TAYLOR, John HUDSON, Wilson HALEY, T.J. LONG, L.G. BALDWIN, B. OPPENHEIMER, Austin SPERRY.
The District Attorney opened the case by briefly stating the points relied upon in proof, and then introduced the following witnesses on the part of the State: Messrs. H.S. NORCOM, John S. NORTON, Jerry McCARTY, Thomas ROBINSON, T. CUNNINGHAM, L. BOOTH, A.L. BOURS and J.B. HOUCHE.
The testimony of Mr. NORTON was embraced in a plain, straight-forward statement of the affair from its inception to its final termination, illustrated by a diagram of the locality in which the difficulty occurred, showing the relative position of the parties during the 1st quarrel, and subsequently, when they came together in the struggle which ended in the fatal stabbing of CAINE.
The tenor of the evidence brought out by the prosecution was not such as to show that the killing was premeditated or surrounded by any of those circumstances that are indispensably necessary to sustain the charge in an indictment for murder.
The defense introduced the following witnesses: Messrs. YARDLEY, ALEXANDER, SANBORN, SHIPLEY and Mrs. BRANNAN. The following witnesses, in rebuttal, then appeared, upon summons caused to be issued by the prosectuion: Messrs. John FLYNN, Thomas CALDWELL, Frank KELLY, John GRANF, and Mrs. CAINE.
The examination being ended, the Court adjourned until 10 o'clock this morning, when the case will be argued and submitted to the jury. The prisoner occupied a seat near his counsel, and appeared not in the least moved in view of the fact that his life was suspended by a thread of uncertainty, woven from a complicated mass of evidence, into a fabric which even the 'most intelligent jury' often find difficult to unravel. The Court was filled with spectators, the most part being countrymen of the prisoner, who manifested the liveliest interest in the proceedings.
>>Saturday, 7 Dec 1861<<
MURDER TRIAL -- The argument in the case of the People vs. Francis FUGLER was commenced at the opening of the District Court yesterday morning, and occupied the greater part of the day. The jury retired at about 4 ' o'clock and after being in session 4 hours, they returned a verdict of 'guilty of manslaughter.' The 1st ballot in the jury-room resulted as follows: 3 for murder, 5 for murder in the 2nd degree, and 4 for manslaughter. The counsel for the defendant gave notice of a motion in arrest of judgment and for a new trial.