Description: June 12-17, 1865

Date: June 1865

Newspaper published in: Stockton, San Joaquin Co., CA

>>MONDAY, 12 JUNE 1865<<

SERIOUS ACCIDENT - On Saturday last, Mr. BRANNON, aged 65 years, fell from the roof of a house in the SE part of the city, breaking his thigh and several of his ribs. Dr. NORCOM was immediately in attendance, and rendered all the aid to the suffering man that was possible under the circumstances. The building from the roof of which the unfortunate man fell was 1 story high.

BROKE HIS ARM - A few days ago, William BUTTRICK, while endeavoring to drive a lot of horses into a corral on the plains beyond French Camp and near the San Joaquin river, fell from his saddle in consequence of the girth breaking, and broke his left arm a little above the wrist. The bone was set by Dr. LANGDON.

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CORONER'S INQUEST AT THE INSANE ASYLUM - Testimony Taken Before the Coroner's Jury in the Case of James LILLY, Deceased, Alleged to Have Died From Ill Treatment at the Insane Asylum -
[Continued from Saturday]

TESTIMONY of E.S. STEVENS -
Eben S. STEVENS, sworn - I am attendant in the 5th ward of the Asylum; took a patient by the name of HALL and another by the name of HUNT to the 2nd ward, I think about a week after the 1st of May; could not swear it was the 8th of May; I took both patients down and they went quietly; took HUNT back the same afternoon; he did not appear to have been abused. HALL was not abused in my presence.

TESTIMONY of DAVID SANDERSON -
David SANDERSON, sworn - I am attendant in the 1st ward of the Asylum; have been in that ward since the 1st of May, and was there before; James LILLY came there about the 1st of April; know that he was taken to the 2nd ward about the 3d or 4th of May; did not see him again until after he was dead; saw him after he was dead in the dead-house, about 8 o'clock in the morning; should think it was about 12 or 13 days after he was taken to the 2nd ward; did not examine the body further down than the breast; it did not show any marks of violence; I examined, for curiosity, his face and breast to see how he came to his death; supposed at the time that he had died a natural death; had nothing at that time to lead me to suppose that he had died other than a natural death; heard 5 or 6 days afterward that he had come to his death by foul means; I recognized him in the dead-house as soon as I uncovered his head; the corpse looked natural. When not excited, LILLY appeared weak and delicate; when excited he appeared strong; I have known DRAKE about 15 months and always understood that he was kind and attentive to patients; never heard of his abusing patients until after I came back after the 1st of May; heard that he abused a patient by name of MARSHALL; heard that he was alone with the patient at the time and had hard work to manage him; MARSHALL is a large man; used to be troublesome; heard DRAKE say he was alone with the patient; know KNAPP by sight, but never spoke to him.

TESTIMONY of GEORGE H. DRAKE -
George H. DRAKE, sworn - I am assistant in the 2nd ward; MORRISSEY put me in charge of the 2nd ward on the 2d day of May last; remained in charge from the 2d to the 16th of May; know a patient by name of James LILLY; he was taken from the 1st ward on the evening of the 3d of May last; he had straps on him at the time and was very weak; needed assistance to walk down; when I went to the 1st ward I found him on the bed with his hands strapped; he was not ugly and showed no resistance; he was quiet until about 11 o'clock at night, when I heard a noise in his cell and went to see what it was, and found LILLY had the bedstead against the door, and the mattress thrown on the floor; I tried to get in but could not, and went for the assistant to come and help me get the door open; I believe the assistant's name was KNAPP; we crowded the door open so that I could get in, when I took LILLY away from the door and KNAPP came in; KNAPP and myself opened the door without other help; no 3rd person assisted us; I told KNAPP to stay there while I went for some straps as we should have to strap him to the bed; I fixed the bed before going for the straps; we strapped him to the bed; KNAPP held his feet while I put on the straps; LILLY struggled hard to prevent us; did not use any violence; I had on no clothes at the time but my drawers and undershirt; did not have on any boots or stockings, being barefoot at the time; LILLY was noisy all night, but I did not go back to the ward again during the night; in the morning before 5 o'clock I went and took him to the bath-room; bathed him myself; the 2nd day he was in there I put him in another cell, when he placed the bedstead against the door and braced himself against it; this was about 7 o'clock in the evening; KNAPP came and told me how LILLY had done, and I went down with KNAPP and tried to get in, but he and myself could not open the door; a patient by the name of MATTHEWS assisted us and we got in; we then took LILLY out and put him in a cell where there was a bed made on the floor, where we left him all night; this was considered necessary, as I was afraid if left in where there was a bedstead that he would hurt himself; he was easily managed; did not strap him again for 4 or 5 days; he was quiet and in the morning after being bathed we set him down on the bench in the hall, where he would remain nearly all day, never walking about unless some of the patients assisted him; this continued 4 or 5 days; after that we put him in the sick room, in a bed with sideboards to keep him from rolling out; we sometimes bathed him during the day, after he went to the sick room, as he was very filthy, always being compelled to carry him to the bath-room; a patient by the name of JACKSON helped me carry him; KNAPP never did; LILLY seemed to grow weaker every day and more helpless; the last time I bathed him was Sunday afternoon; he had not been on his feet for 4 or 5 days before; I told KNAPP on Sunday evening after supper, that I thought LILLY would die before morning, and told MILLER - the watchman - when he was going his rounds, to look into LILLY's room, as I thought he would die [paper cut - some missing] and he said he was alive, and on [damaged] found him alive; I then went about my duties; [damaged] about half-past 6 I sent KNAPP down with the breakfast for those in the sick room, and he soon returned and said LILLY was dead; at this time the patients were all in the breakfast room, and I could not leave, but as soon as breakfast was over I went, and with the assistance of 2 patients carried LILLY to the dead room and washed him; reported to John MORRISSEY his death before I took him to the dead house; MORRISSEY did not see him before I took him out; after I washed him I left him and I did not see him again; KNAPP put his robe on and put him in the coffin; I directed KNAPP to dig the grave; KNAPP was assistant in the 2nd ward when I went in on the 2nd of May; I never put iron shackles on LILLY; very seldom use them; the 2nd ward is where they put the most noisy and troublesome patients. I reported to Dr. THORNDIKE LILLY's case on Sunday and told him I thought he needed medicine; Dr. THORNDIKE visited the sick room every day; there were no marks on LILLY when he was laid out dead, except on 1 cheek and that was caused by his having fallen out of bed; this was before he was put into a room without a bedstead; KNAPP told me he was acquainted with Drs. MORSE and WHITNEY; during a conversation one evening, I asked him how he came to get a situation, and he told me 2 doctors recommended him from San Francisco and said they were Dr. MORSE and Dr. WHITNEY.

TESTIMONY of DR. A. THORNDIKE -
Dr. A. THORNDIKE, sworn - I am acting as Assistant Physician of the Asylum; have been here since the 12th of May; don't know positively that I knew LILLY; I supposed one of 3 cases in the sick room was LILLY's; did not prescribe any medicine for him; I considered all the 3 cases in the sick room as hopeless cases; had been told they were hopeless cases and had to rely on information somewhat, as I had been here but a day or 2; one besides LILLY in the sick room has since died; DRAKE spoke on Sunday to me about those in the sick room being bad off; I was not told on Monday morning that LILLY was dead; I visit all the wards twice a day, sometimes oftener; couldn't swear as to LILLY's identity; I prescribed for WASHBURN, who was in the sick room on the 14th of May; KNAPP inquired of me at the office once, after he was discharged, for Dr. CLARK, but no more than once; have known DRAKE almost 2 years; he was a patient when I first knew him, and apparently got well in about 3 months after I first knew him; he used to assist the attendants before he was discharged as a patient; after he was discharged as a patient he was employed as an assistant, and was always highly spoken of by the other attendants; was particularly recommended for his kindness; I was formerly employed in the Asylum, coming here first on the 9th of May, 1863, and left about the 1st of November, 1864.

TESTIMONY of JOHN MORRISSEY -
John MORRISSEY, sworn - I am supervisor in the Asylum; have been employed here 5 years last February; I was discharged by Dr. TILDEN last April; came back the 1st of May, by direction of the Directors of the Asylum; know one James LILLY came here about the 1st of April last; did not know anything particular about this patient more than another; my duties are to go around to the different wards each morning and report to the physicians; LILLY's death was reported to me on Monday morning, I think the 15th of May.

TESTIMONY of R.A. MILLER -
R.A. MILLER, sworn - I am night watchman of the Asylum; have been employed here since the 14th of March, 1864; I recollect of seeing a patient by the name of James LILLY; I think DRAKE spoke to me about LILLY being sick and would likely die before morning; cannot speak positively, as it was a common occurrence for attendants to speak to me about sick patients; I go on watch at 7 ½ o'clock in the evening; never saw DRAKE misuse the patients; I have often helped him to put straps on patients.

JOHN A. VANCE, RE-CALLED -
John A. VANCE, re-called, sworn - I kept the records of the Insane Asylum; the records of the Asylum show that James LILLY was buried in grave numbered 402; I get the record of the number of the grave from the steward of the Asylum. The record of the death comes from the supervisor; record of cause of death from the attending physician.

TESTIMONY of GEO. L. MOUNTJOY -
George L. MOUNTJOY, sworn - I am assistant steward; have held the position since the 7th of May last; I am not positive, but think I have number of grave to attendant for the grave of James LILLY; I get the death from the supervisor; I give the number to the attendant who buries a corpse when they take the coffin to the grave; the slip shown is the one handed me by the supervisor; I made the record in my record the same day; I am not positive I gave the board No. 402 to the attendant at the time he went out to bury James LILLY; am quite sure I did the same day; never saw James LILLY to my knowledge.

TESTIMONY of H. BAUER -
H. BAUER, sworn - I am assistant in the 5th ward of the Asylum; have been here nearly 2 years; I today dug up grave No. 402 by direction of the Coroner, and also No. 405; the graves each had a headboard at the head of the grave. In the grave numbered 402 I did not recognize the corpse; Mr. STEVENS, an attendant, recognized the corpse as that of Mr. BARSTOW, a patient of the 5th ward; I did not recognize the corpse in grave No. 405; Did not know James LILLY; took the corpse from grave No. 405 to the dead-house; never heard any conversation in regard to the moving or changing headboard; saw the words or marks "5th W" on lid of coffin in grave No. 402; I buried BARSTOW; I did not recollect before digging up corpse in grave numbered 402 as the place I had buried BARSTOW.

E.S. STEVENS, RE-CALLED -
E.S. STEVENS, re-called, sworn - I examined the corpse in grave numbered 402 this morning, by direction of the Coroner; recognized the corpse to be that of BARSTOW, a patient in the 5th ward; I laid him out; I put a white shirt on the corpse; I marked "5th Ward" on the coffin while it was in the dead house, because there were 2 coffins in the dead house at the time. I have heard a report since LILLY died that headboards on the graves in the Asylum Burying Grounds had been moved; my informant supposed it had been done by some person, but did not know by whom; think I heard it the 1st day the Coroner's jury assembled here; think it was James MORRISSEY or BAUER told me; whoever it was, said headboards had been changed.

RUDOLPH KNAPP RE-CALLED -
Rudolph KNAPP, re-called, sworn - I put up No. 402 at the head of the grave of James LILLY; saw the grave corresponding to the same number dug up by the direction of the Coroner; saw the coffin opened; it was not James LILLY; I saw another grave opened, numbered 405; to best of my knowledge I would say it was James LILLY; he was wrapped up in linen sheets; I was present when the grave was opened; I could not tell whether the grave was the same as I left it; the grave was dug with square corners; could not recognize the corpse from the face; from the best of my knowledge, I think it was James LILLY; it was the 2nd or 3rd day after LILLY came to the 2nd ward that DRAKE stamped on LILLY's breast; I took Bill MATTHEWS to see how LILLY was abused; I think LILLY lived 4 or 5 days after DRAKE jumped on his breast; to the best of my knowledge it was Sunday that I buried LILLY; I recognized the corpse as James LILLY by the general appearance of the features.

TESTIMONY of JAMES A. MORRISSEY -
James A. MORRISSEY, sworn - I am attendant in the yard of the Asylum; have been here about 1 year and a half; I knew a patient by name of James LILLY; I saw the body of James LILLY in the dead house after it had been exhumed by the Coroner; I should say that it was the body of James LILLY; recognized by the mouth as he has a small mouth; I did not see James LILLY after he was dead and before he was buried; do not know how many keys were in possession of the attendants at the time of LILLY's death; Dr. TILDEN had most of them; he told me the day the Directors took possession of the Asylum that he had from 25 to 30 bunches of keys of the Asylum; know an attendant by the name of KNAPP; a week last Monday I had conversation with KNAPP in the Asylum yard, and he told me that he held a light while DRAKE choked LILLY with a strap, and another night he went down with DRAKE, and LILLY advanced towards DRAKE and DRAKE gave LILLY a push with his hand and LILLY fell on the asphaltum floor and KNAPP thought LILLY's skull must be broken in a thousand pieces; DRAKE then kicked LILLY until he had kicked a hole through LILLY; I asked him where, and he said in his side near the posterior; I told him that was an impossibility, that DRAKE might kick a week and he could not kick a hole through him; KNAPP also said that DRAKE also broke in LILLY's ribs; KNAPP then told me that LILLY died 3 days after that. During another conversation, a couple of days after the 1st conversation, I asked KNAPP if he had told Dr. TILDEN; he said no; he wasn't the 1st one that told him; he said he did not like to tell who it was, as it was a man with a family; I told him I understood who it was, that it was John GARVIN; the day after that we had another conversation, and we got to talking about the same subject; I asked KNAPP who prompted him to make the charge against George DRAKE; he said he first told John GARVIN, and GARVIN told Dr. TILDEN; GARVIN came after him (KNAPP) and told him Dr. TILDEN wanted to see him; he said it was the day he had buried LILLY, and in the morning; he told GARVIN he did not have time then, that he would go in the afternoon; GARVIN came in the afternoon and KNAPP gave some other excuse then, but I do not recollect whether he said he went that afternoon or the next day; said he met GARVIN outside, and KNAPP said to GARVIN that he didn't like to go for fear the boys would see him; GARVIN said he would take him where no one would see him, and took him around COBB's residence; he (KNAPP) told Dr. TILDEN all that had occurred about LILLY and that GARVIN was listening; I asked him if any one else was there, and he said no one else was in the room, but that somebody might have been listening; I asked him why he did not go to Dr. CLARK and report this; he said he did go to the office 3 times, but Dr. CLARK was not there; I asked him if he did not mean to create trouble between Dr. TILDEN and Dr. CLARK, or any other person, why he did not wait until he saw Dr. CLARK, and why he selected Dr. TILDEN to tell the story to; he said he thought Dr. TILDEN was the right man, that he did not know of any change; I asked him if he did not know of any change why he went to Dr. CLARK at first; he said GARVIN told him to go to Dr. TILDEN; I asked him why he selected GARVIN to tell him of all this, and he said he "didn't know;" I asked him if he did not tell Dr. CLARK that he would recognize his (CLARK's) authority or that of the Trustees in my presence and he said no; I asked him then if BEATTY told him anything of the change that had been made here; and he said BEATTY told him that he (BEATTY) was going to the Bay the next day; I asked him (KNAPP) if he did not know there was any change here why he told GARVIN that he was afraid the boys would see him; and he said because there was a watch outside. I met KNAPP after that one evening last week again, but am not positive of the evening, going down town, when conversation commenced on the same subject, and KNAPP said he thought he would [damage] go if DRAKE was brought out innocent; that it was not likely Dr. CLARK would keep a man here who had been making such reports as he (KNAPP) had; it was not because Dr. TILDEN was interested in the patients here or through sympathy for LILLY that he made the change; that I didn't think Dr. TILDEN cared if DRAKE murdered 700 patients, that it was only to gratify a spite TILDEN had against the institution; KNAPP then said he had a family in the States that he had to support; I then said to KNAPP, go to Dr. TILDEN and he will give you one or two hundred dollars, as he has made a tool of you, and that it was worth that to TILDEN to get such a hold on the institution; that he (KNAPP) recognized Dr. TILDEN as the Resident Physician by his reporting this to him, and that he should go to Dr. TILDEN for his pay. I parted with KNAPP soon after this. I first heard the rumor of LILLY's murder through the "Spirit of the Times;" my conversation with KNAPP was after that; I asked KNAPP if he had made the charges against DRAKE because he thought DRAKE had reported him; KNAPP said he thought DRAKE had reported him; my motive in asking KNAPP all these questions was that I thought Dr. TILDEN prompted KNAPP to make this charge against the institution; no person told me to question KNAPP; I thought it was a false charge against DRAKE and I wanted to find out about it; my relations with KNAPP had always been pleasant before the conversations I have reported; had spoken well of him, saying that I thought he filled the position in the cell very well. I have known DRAKE about 15 months; I always thought he was a very good keeper and treated the patients kindly; I never knew of DRAKE abusing DELEWARE; have heard a report of his having done so since the Coroner's inquest has assembled here. I had a conversation with DRAKE after I had talked with KNAPP, about the matter of LILLY's death; DRAKE said he wanted the body taken up and examined, and that he would not be satisfied until it was. I think it was about a fortnight before LILLY's death that I used to see him in the yard; he was let out into the yard every day with the other patients; he had paroxysms some days several times during the day; he was left in the yard all day, except when he was at dinner; this was before LILLY was sent to the 2nd ward; he was very weak after the paroxysms were over. I suspected GARVIN was the one KNAPP had told his story to because I thought GARVIN was a tool of Dr. TILDEN. During the 1st conversation I had with KNAPP he told me LILLY died 3 days after DRAKE had kicked him, and at another time 2 days after he was kicked by DRAKE. During a conversation with KNAPP (I think it was on Wednesday of last week), he told me he went with Dr. TILDEN and showed him (TILDEN) the grave of LILLY; I am quite positive he told me this.

>>TUESDAY, 13 JUNE 1865<<

BIRTH - at Mormon Bar, June 5th, to the wife of John COATS, of a son.

BIRTH - at the Granite Springs, near Coulterville, May 30th, to the wife of J.P. WALLESON, of a son.

MARRIAGE - at Hornitos, June 1st, Mr. HARMON to Miss Fanny ROLAND.

MARRIAGE - at Coulterville, May 16th, Daniel FIELD to Mrs. Annie RAMSDALE, both of Coulterville.

DEATH - at his residence, in Mariposa, June 9th, William A. GUARD, aged 36 years.

DEATH - at Missouri Gulch, near Mariposa, June 6th, Chris. MADDEN, aged about 32 years - a native of Ireland.

DEATH - at Smith & Dudley's Mill, May 27th, Clara V., only daughter of Hosea and Fanny DUDLEY, aged 6 years, 5 months.

CONVENIENT WATERING PLACE - A few days ago S.P. SAMPSON had a well bored and a watering trough placed at the side of the street in front of his saloon in Independent Block; and yesterday WITTKOPF & CASTELLI, who keep a saloon in the same block, commenced placing a convenience of the same kind in front of their door.

NEW OFFICE - Arthur CORNWALL, Esq., resident agent of the California Steam Navigation Company in this city, has removed his office from Levee street, nearly opposite the steamboat landing, to Independent Block, centre of the building, up stairs, next room to the office of the 'Independent.' The entrance in on Levee street.

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CORONER'S INQUEST at the INSANE ASYLUM - Testimony Taken Before the Coroner's Jury in the Case of James LILLY, Deceased, Alleged to Have Died From Ill Treatment at the Insane Asylum -
[Continued from Monday] -

WRITTEN STATEMENT of DR. F.S. WHALEY
State Insane Asylum,
Stockton, June 5th, 1865 -
In the case of the inquisition held by Coroner M.H. BOND at the above mentioned time and place, upon a body said to be that of James LILLY, deceased, the undersigned, one of the surgeons cited to examine said body and give evidence in said inquisition, after being duly sworn, assisted Dr. LANGDON in making a careful dissection and examination of said body in order to answer the following propositions submitted to us beforehand by the Coroner, to wit:
(1) Whether any bones of the arm were broken.
(2) Whether the posterior portion of the skull were fractured, or that portion of the head injured in any way.
(3) Whether the ribs or any of them were fractured;
And lastly: Whether such injuries, if found, were inflicted before or after death.

After the examination was finished, the Coroner requested us to embody in writing our testimony in relation to it, and in answer to the 4 propositions previously submitted to us, which testimony of the undersigned is as follows:

The 1st inspection of the body was exceedingly revolting to the senses. It appeared to be in an advanced stage of decomposition: the skin was nearly black and the enticic slipped from the dermis with slight pressure. The arms and forearms were examined on both sides and no fracture discovered. The whole occipital, or posterior portion of the skull was denuded and carefully examined for fracture or extravasation of blood and no signs of either were found there. The denuded skull was white and furnished an excellent ground on which to detect an injury. The bones of the neck were dissected out and carefully examined for dislocation or fracture, but we found neither. The thorax or chest was examined in front, and there the evidence of extreme violence done to the body was overwhelming. The right collar bone was dislocated from the sternum. The 1st 9 ribs below the upper or 1st one on the right side, were all broken into 2 and some into 3 pieces. At least 2 of these pieces broken out of the middle and solidest portion of the ribs were only about 2 inches long. The 1st 6 ribs below the 1st or upper one on the left side, were all broken into at least 2 pieces. The sternum was also broken in 2 between the 3rd and 4th ribs. We counted 26 fractures in the ribs and sternum or 27 I think, including the dislocation. Up to about this period of our investigations deponent supposed the deceased had suffered violence dating his lifetime, not thinking there could be any motive for so mangling a body after death. He was therefore quite anxious to see the inside of the chest, if there were any effusion of blood within, as there naturally should be after such an injury. The whole broken portion of the chest was accordingly removed. On separating the sternum from its connection with the subjacent soft part, and raising up the broken segments while the disconnection was being made, no extravasation of blood was anywhere discoverable on the under surface of the sternum, nor in the adjacent soft parts, nor at any of the points where the ribs were fractured. No effused blood or other unnatural substance was found in the cavity of the chest. From all the foregoing, my own conclusion is, that the injury done to the chest must have been inflicted after the blood had ceased to circulate, in other words after the body was dead.
F.S. WHALEY, M.D.

DR. WHALEY'S TESTIMONY on EXAMINATION -
Dr. F.S. WHALEY, sworn - I am a practicing physician in Stockton

Question: Would not such injuries as you found on the body of James LILLY, to your opinion, cause immediate death?
Answer: Such injuries would necessarily compress the chest in so as to forcibly expel the breath from his body and then his thorax would be so mutilated that it would almost if not quite a physical impossibility for him to draw another breath.

Question: Could such fractures as were produced in the case have been accomplished with the heel of a boot or with the foot of a man without cutting the skin?
Answer: I think if it could be done by the heel of a boot or the foot of a man, then I would say it might be done without breaking the skin; I think it could not be done without extensive abrasures or bruises.

Question: Do such cuts and bruises exist?
Answer: No perforations of the skin were found, although the skin was all dissected up from the breast.

Question: Do you think such injuries as were found on the body could have been done by the heel of a boot or the foot of a man?
Answer: It is my impression that it could not have been done in that way.

Question: Did you find anything, on another examination, that might have been the cause of death provided he had not been so mutilated.
Answer: We did; we found a very badly diseased hart, which has been preserved for future examination. It has become degenerated, and had more the appearance of a sack made out of some very thick material say a half inch thick, than it did like an ordinary heart; was very soft and flabby. I should suppose that a person with his heart in such a condition, would be liable to die at any time from any unusual excitement. Such a state of the heart would make a man very feeble in body.

TESTIMONY of DR. SAMUEL LANGDON -
Dr. S. LANGDON, sworn - I reside and am a practicing physician in the city of Stockton. I assisted in the post mortem examination of a body supposed to be that of James LILLY, on being summoned to do so by M.H. BOND, Coroner; I found no injury to the corpse except around the [illeg] region, at which point I found 9 ribs broken on the right side and 6 ribs on the left side; these ribs likewise being broken, some in 2 and some in 3 pieces; the sternum was also broken in a line between the 3rd and 4th ribs; the upper portion of the sternum was somewhat pitted as though bruised. I could discover no evidence of external injury upon the skin nor internally upon the pleura, nor any of the internal viscera of the thorax; nor could I discover any extravasation or effuston in the chest; I found a dislocation of the right clavicle at the sternal extremity; I found the heart also very much atrophied and far below its natural size, showing a very weak and enfeebled condition of the system.

Question: Would not such an extensive injury as the body of LIILY has sustained, if received before death, have produced extensive extra [illeg] of blood into the cavity of the chest and about the ends of the fractured bones?
Answer: It would; the only possible contingency in which such extravasation would not appear would be when death was coincident and instantaneous with the injury. If life lasted for a few moments extravasation would doubtless present itself.

Question: Would not such injuries on a living subject produce immediate death?
Answer: If on a weak and enfeeble man, I feel sure that it would. A man of stout physical development might survive a few hours under the most intense suffering.

Question: Could such fractures as have been produced in this case have been accomplished with the heel of a boot or the foot of a man without cutting the skin?
Answer: Such scarcely seems possible.

Question: Do you think the injuries were produced before or after death?
Answer: I do not think that a man of such an enfeebled constitution as that of James LILLY could possibly survive many minutes after receiving the injuries above described; indeed the death would most likely be instantaneous, nor can I conceive how such an injury could have been inflicted before death, without some external injury to the skin, but after death a far greater force and power might be used without exhibiting any external injury. I mean by this that there is a marked difference in the appearance from a blow inflicted on living and [illeg] tissues. I should therefore think that the injury was inflicted after death. I mentioned in my testimony that there were 15 ribs broken, there were, however, also 26 fractures of the ribs and one of the sternum and a dislocation of the right clavicle at its sternal extremity.

TESTIMONY of W. MOREY -
Wellington W. MOREY, sworn - I am an attendant in the 2nd ward of the Asylum; LILLY died before I went to the 2nd ward; have seen him in the yard; it is about 14 months since I first came here. I know an attendant by the name of KNAPP; during a conversation with him about the 16th of May, at the time I first went to the 2nd ward, I asked him if he was ever in Stockton before, and he said not; he then went on to say that a couple of friends of his in San Francisco, doctors, sent him up to the Trustees of the Asylum and they sent him to Dr. TILDEN, and he employed him, I then asked him the names of the doctors, and he said their names were Dr. WHITNEY and Dr. MORSE. KNAPP left in a few moments afterwards and I think there was no other conversation; I have had no other conversation with him. I suppose I have buried some 8 or 9 patients since I have been in the institution; never was asked by the Resident Physician to show the grave of any patient.

TESTIMONY of CHARLES RUOFF -
Charles RUOFF, sworn - I am attendant in the 6th ward of the Asylum; I know KNAPP, at the present time am assistant in the 6th ward; KNAPP told me on Friday or Saturday before the article about LILLY was published in the "Spirit of the Times," that DRAKE ought to be discharged on account of the way he treated LILLY; he said one time he knocked LILLY down on the floor, he though hard enough to fracture his skull; another time he said DRAKE kicked LILLY and stamped on him; the 1st time he told me about it, he said DRAKE broke LILLY's ribs, and a few days afterwards he said he did not know whether he broke his ribs or not, as he (KNAPP) did not examine to see; his stories about this did not agree; I never was able to make up my mind as to the time greatest injury was done to LILLY by DRAKE, from KNAPP's different stories; on Sunday, the day the article was published he pretended he knew nothing about it, and denied having spoken to Dr. TILDEN; next day he did not deny having told Dr. TILDEN, but he said Dr. TILDEN knew all about it then and that Dr. TILDEN put questions to him at the time, about the same as were published in the "Spirit of the Times" about LILLY; also that Dr. TILDEN asked him why he did not report sooner to him, and KNAPP replied to TILDEN that he (KNAPP) understood you Dr. TILDEN had nothing to do with the institution or words to that effect. Dr. TILDEN replied to him that I am still Resident Physician of the Asylum. KANPP also told me that he told the story confidentially to GARVIN, and he must have told Dr. TILDEN; that GARVIN came to him many times to get him to go to Dr. TILDEN, as he wanted to see him (KNAPP); that one day especially GARVIN came to KNAPP and said Dr. TILDEN wanted to see him immediately; that GARVIN took him around about day to Dr. TILDEN's house; KNAPP told me one day that he had a recommendation to Dr. SHURTLEFF from 2 doctors in San Francisco, but said he had lost it; said their names were Dr. LOCHR and Dr. MORSE.

JAMES A MORRISSEY RE-CALLED -
James A. MORRISSEY, re-called, sworn - SEIFERT, an attaché of the Asylum told me that KNAPP had deceived him (SEIFERT) and lied to him, and that he was going to let the "whole thing out;" I understood that he alluded to the matter of LILLY, [illeg] to the charge against DRAKE; this was on Monday morning last.

TESTIMONY of D. O'CONNELL -
D. O'CONNELL, sworn - I am dairyman at the Asylum; while in the yard one day I saw a patient lift a plank and put it against the wall or gate to get out; was told it was James LILLY; it seemed to me that he was strong; I know nothing of LILLY or his death except what I heard from MATHEWS, a patient, or perhaps from some attendant. It was an attendant that said to me that LILLY was dead. This is all the knowledge I have of the matter.

TESTIMONY of JOHN J. ROGERS -
John J. ROGERS, sworn - I reside in Stockton; I knew LILLY; had charge of him for a time previous to and up to the 1st of May; I acted as attendant in the 1st ward about 2 weeks before the 1st of May last; I know nothing of LILLY's death except what I know from hearsay; was told by GARVIN and also by Dr. TILDEN; GARVIN said he had his information from a person named KNAPP; Dr. TILDEN told me the matter would be investigated; he also said in a conversation that it was unnecessary for him to go to law as he could not get justice in Stockton. I would say that at the time LILLY left my charge, he was a strong, hearty man; he had taken medicine from me, but it was for insanity; considered him a man that was very insane.

TESTIMONY of ISAAC MURRAY -
Isaac MURRAY, sworn - I reside in Stockton; I know nothing of the death of James LILLY except by hearsay and through the newspapers; I did not know James LILLY, nor DRAKE, who was accused of abusing LILLY, nor KNAPP, who gave testimony in the case in my presence. I called on the Trustees of the Asylum and requested them to have a coroner's inquest in the matter. I did so at my own option, no person having suggested such a course to me, nor advised or counseled such a course. That evening I mentioned what I had done to a friend, and he said he thought I had better have seen the coroner myself, as he did not think the Trustees would take any steps in the matter and discouraged me; I then went to see the coroner myself and requested him to go on my account and report to him, stating that if he did not do so I would go before a magistrate and have the man arrested who was charged with the death of LILLY; know nothing of the case myself; I called on Mr. ARENTS, who was formerly connected with the institution, and told him what steps I had taken to get an investigation, and he seemed to discourage me taking any steps; said that he didn't think it would do any good; that if I got an investigation it would be a farce; that KNAPP had been to see him and he couldn't but believe there was something in this case; KNAPP had told ARENTS that he had sworn on LILLY's grave to have justice done him; that DRAKE had kicked and badly abused LILLY; ARENTS said that KNAPP could get 4 or 5 thousand dollars by keeping the matter quiet.

CORONER'S CHARGE to the JURY -
Gentlemen of the Jury - All of the evidence that has any bearing upon this case, in my opinion (and I presume that of the Jury), has been obtained, except one absconding witness, named SEIFERT, whose testimony as far as I can ascertain, would have only a bearing upon your minds [illeg] you to form your opinion as to a conspiracy for injuring any attaché or the present management of the State Insane Asylum.

This case has been rather tedious and prolonged, but has demanded a strict, careful, examination. Such strict examination I consider you have given it, and, for your patience and perseverance to obtain all of the facts, you have my thanks.

In rendering your verdict, you will certify in writing signed by you, who this deceased person is, how he came to his death and the circumstances, if he was killed, or his death was occasioned or hastened by the act of any other, by abuse and harsh treatment, or otherwise, and by whom.

If you find that he came to his death through or by natural causes, you will so state. If you find the body was mutilated after death you will so state; and if you cannot find by whom, so near stated, you will state by parties unknown to the Jury.

If your opinion is such by the evidence that the mutilation of the body after death was done by person unknown to the Jury for the purpose of forming a conspiracy to injure any particular person or persons at the present time connected with the Insane Asylum, you can so state in your verdict.

VERDICT of the CORONER'S JURY -
State of California, city of Stockton, county of San Joaquin - Before M.H. BOND, Coroner - In the matter of the inquisition upon the body of James LILLY, deceased:

We, the undersigned, the juror's summoned to appear before M.H. BOND, the coroner of the county of San Joaquin, at Stockton, on the 2nd day of June, 1865, to inquire into the cause of the death of James LILLY, who died at the Insane Asylum, Stockton, having been duly sworn according to law, and having made such inquisition, after inspecting the body and hearing the testimony adduced, upon our oaths, each and all do say, that we find the deceased was named James LILLY, that he came to his death on the 15th days of May, 1865, in this county, from natural causes. We also find from examination of the body, and from the evidence of Drs. LANGDON and WHALEY, who were summoned by the coroner to make a post mortem examination of the same, and from all other evidence we could obtain, that the injuries inflicted on the body of James LILLY, were inflicted after death, by some person to the Jury unknown, and in our opinion the injury done to the body was for the purpose of injuring the present management of the Institution.
C.F. REA
Chas. F. WHALE
H. TINKHAM
L.L. HOWLAND
L. HOWARD
Isaac H. HATHAWAY
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ESCAPE of PRISONERS - 3 prisoners named C.M. CLIFTON (for murder), S.A. HOLMES (grand larceny) and Carlos HAGARRA, made their escape from Mariposa jail last Wednesday, by cutting out through the fire-proof roof. It is supposed they were aided from the outside. Pursuit was made but without results.

SAN FRANCISCO DISPATCH, June 12 - Patrick SHARP, who was severely kicked by a horse a few days since, died of his injuries in the county hospital this morning. Deceased was 38 years of age and a native of Ireland.

>>WEDNESDAY, 14 JUNE 1865<<

DESTROYED by FIRE - We were informed yesterday that on Wednesday night of last week the dwelling Mr. MYSENHEIMER, on Dry Creek, 6 miles from Liberty and a mile east of Hock's Corner, was totally destroyed by fire together with the furniture, clothing and everything belonging to the family, who barely escaped with their lives. The fire, it is believed, caught on the floor from cinders falling from the door of the stove.

>>THURSDAY, 15 JUNE 1865<<

A GOOD DETECTIVE - We perceive by exchange papers that Ben. SANBORN, an old resident of Stockton, well known as one of the best detective officers in the country, has had a hand in arresting noted highway robbers at Austin, Nev. Ben., while an officer in this county, was a terror to villains of every description. The party he has now arrested are supposed to be the same who robbed Wells, Fargo & Co.'s express boxes of nearly $10,000 in May last, near Silver City, Nevada.

EARLY PEARS - The 1st ripe pears of the season were brought into market yesterday by Joseph SCOTT, in whose garden they were raised, on the northern outskirts of the city. They are of the Madeline variety. The 1st cherries offered in the market this season were also from Mr. SCOTT's garden.

CHARGED WITH PETIT LARCENY - Francisco OLIVO, a Mexican, arrested by officer Wiley, on a charge of petit larceny in stealing a gold ring, the property of Ann REED, alias "Big Rose," was ordered by the Police Judge yesterday to appear for trial at 10 o'clock today.

SAN FRANCISCO DISPATCH, June 14 - Mrs. Sarah TARR was thrown beneath the wheels of her carriage last evening on Powell street, receiving injuries that it is feared will prove fatal.

AFFRAY at SONOMA - On the 13th instant, in the country, 4 miles back of Sonoma, a Spaniard, by the name of Jose ARTEGA, commenced an assault upon one John DUGAN, by beating him over his head with a riatta. Whilst DUGAN was retreating for some half mile, he turned and shot ARTEGA through the bowels with a pistol. They were both on horseback. ARTEGA is not dead, but is expected will die soon.

>>FRIDAY, 16 JUNE 1865<<

DEATH - in the city, June 15th, Adam Julius, youngest son of Adam and Catharine DIHUE, aged 1 year, 2 months, 3 days. [Friends of the family are invited to attend the funeral this afternoon at 4 o'clock, from the residence of the parents, Main street, between San Joaquin and Sutter.]

KIDNAPPING - Two days ago Constable PECK, of Campo Seco, passed through this city on his way back from San Francisco, where he went to arrest a Chinese girl named AH QUI, on a charge of grand larceny in stealing $247. The warrant for her arrest was issued by W.H. KELLY, Esq., Justice of the Peace at Campo Seco, on complaint of AH YING. She was accordingly arrested, taken before the magistrate, tried on Wednesday and acquitted. A gentleman who was hired to take the officer, girl and an old Chinese woman - who was the chief witness for the prosecution - from this city to Campo Seco, informed us last evening that on the examination it was proved that the girl had never been in Campo Seco before. The facts of the case appeared to be that the accused had been held as a slave in San Francisco, by the old hag who appeared as a prosecuting witness, had served her time out about a year ago, when she married and left. Her husband is now sick and was unable to accompany her to the trial. It is the old woman who held the girl as a peon - a slave - who was chiefly instrumental in having the charge of grand larceny brought against her, and AH YING was but a tool to do the work. Although he swore out the warrant he did not appear at the trial, neither could he be found. The magistrate pronounced the case a clear attempt at kidnapping and the charge of grand larceny without foundation. The charge was brought in a place where the accused had no acquaintances or friends, and it appeared that the object was not so much to charge the girl with crime as it was to get her again into the possession of her fiendish old hag who tore her hair and her clothes, and growled like a hyena as soon as she understood the decision of Justice Kelly, who made her pay the costs.

NARROW ESCAPE - Yesterday, while Dr. HENDERSON, dentist, was sitting reading by the side of a table on which was placed a "vulcanite" or little hot-air oven made of copper, in which was placed the material of which artificial teeth and gums are made for the purpose of vulcanizing it, the oven suddenly burst, making a report like a cannon, and scattering fragments throughout the room in every direction, driving some of them with great force into the walls and ceiling. The doctor was thrown half way across the room, but sustained no material injury. His escape was miraculous. When the article exploded it was only subjected to 320 degrees of heat, by Fahrenheit thermometer. It had been repeatedly heated as high as 335 degrees, or 15 degrees more than it was at the time it burst.

LEFT FOR THE EAST - Miss Annie UNDERHILL, daughter of Hon. H.B. UNDERHILL; also Miss Ellen HOWE, and Mr. LORING, took their departure for the Atlantic States yesterday afternoon. Mr. LORING, we understand, goes to reside in the East permanently, and the young ladies to attend school in Massachusetts. Quite a number of friends, among whom were Rev. Mr. KIRKLAND, teacher of the Grammar School, and a number of his scholars, stood on the Levee as the steamer left, to say "adieu."

MILITARY EXECUTION - Sergeant HUDSON of Company I, 2nd Cavalry, who murdered Lieutenant LIVERGOOD, on the 14th April, is to be hanged at Camp Union, Sacramento, today.

>>SATURDAY, 17 JUNE 1865<<

DEATH - at Campo Seco, June 15th, at the residence of her son-in-law, Geo. S. BALDWIN, Mrs. Hannah TRAFFORD, aged 78 years. [>New Bedford and Boston papers please copy.]

RETURNED - Miss BEAL, a teacher in one of the public schools in this city and who on account of ill health left on a visit to her relations at San Jose some time ago, returned yesterday in good health and will resume her position in the school on Monday next.

HIDING FROM THE VENGEANCE OF THE PEOPLE - The Shasta 'Courier' says that George GREATHOUSE, brother of Ridgley, of the Chapman pirate notoriety, is hiding in the northern part of the State, a fugitive from justice, there being a warrant out for his arrest.

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DISSOLUTION - The co-partnership heretofore existing between the undersigned is this day dissolved by mutual consent. All persons having claims against the undersigned will present them to William ALLPORT, who has assumed the payment of all indebtedness of the firm; and all debts and demands due the undersigned, either in notes, moneys or accounts, up to this date, are to be paid Wm. J. HOUSTON, who is only entitled to receipt for the same.
Wm. ALLPORT
William J. HOUSTON
Liberty, San Joaquin county, May 18th, 1865

The undersigned, having purchased the interest of William J. HOUSTON, will continue their usual general merchandising business in the same place in his own name.
William ALLPORT
Liberty, May 18th, 1865
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EXECUTION of TWO MURDERERS - A dispatch from Schell Creek, Utah, June 15th, says that Ransom YOUNG and John WAB, the 2 men who committed the murder of 2 other men near that station a few days since, were hanged at 10 o'clock on the 15th. They acknowledged the killing of the 2 men and the justness of their punishment. They were executed over the graves of their victims. YOUNG and WAB lived near the Mission of San Jose, Cal., where some of their relatives now reside.