Q. Did you see him sign it?--A. Yes, sir.
Q. Is this your signature thereto as witness?--A. It is, sir.
(Signed) DOLLIE ADAMS.
DEPOSITION OF MISS X. V. ADAMS.
Being first duly sworn, witness testified as follows: My name is Xixenia Volumnia Adams; I am the daughter of Frank G. Adams and the last witness; I reside with them on the Flat, and my age is eighteen years; a little past 1 o"clock on Sunday last my mother came running into the house and informed me that a man was dying from a wound, on the side-hill, and that I must go for father and the boys immediately. I ran as fast as my legs would carry me to where they were "cleaning up," for they never cleaned up week-days on the Flat, and told the news; we all came back together and proceeded to the spot where the wounded man lay weltering in his blood; he was cautiously removed to the cabin, where he lingered until yesterday sundown, when he died.
Question. Did he speak after he reached the cabin? A. He did frequently; at first with great pain, but afterward more audibly and intelligibly.
Q. What did he say? A. First, to send for Squire Jacobs, the a.s.sistant District Attorney, as he had a statement to make; and some time afterward, to send for his wife; but we first of all sent for the doctor.
Q. Who was present when he died? A. Only myself; he had appeared a great deal easier, and his wife had lain down to take a short nap, and my mother had gone to the spring and left me alone to watch; suddenly he lifted himself spasmodically in bed, glared around wildly and muttered something inaudible; seeing me, he cried out, "Run! run! run!
He has it! Black Bart has got the vial! Quick! or he"ll set the world afire! See, he opens it! Oh, my G.o.d! Look! look!
look! Hold his hands! tie him! chain him down! Too late! too late! oh the flames! Fire! fire! fire!" His tone of voice gradually strengthened until the end of his raving; when he cried "fire!" his eyeb.a.l.l.s glared, his mouth quivered, his body convulsed, and before Mrs. Gillson could reach his bedside he fell back stone dead.
(Signed) X. V. ADAMS.
The testimony of Adams corroborated in every particular that of his wife and daughter, but set forth more fully the particulars of his demoniac ravings. He would taste nothing from a gla.s.s or bottle, but shuddered whenever any article of that sort met his eyes. In fact, they had to remove from the room the cups, tumblers, and even the castors. At times he spoke rationally, but after the second day only in momentary flashes of sanity.
The deposition of the attending physician, after giving the general facts with regard to the sickness of the patient and his subsequent demise, proceeded thus:
I found the patient weak, and suffering from loss of blood and rest, and want of nourishment; occasionally sane, but for the most part flighty and in a comatose condition. The wound was an ordinary gunshot wound, produced most probably by the ball of a navy revolver, fired at the distance of ten paces. It entered the back near the left clavicle, beneath the scapula, close to the vertebrae between the intercostal s.p.a.ces of the fifth and sixth ribs; grazing the pericardium it traversed the mediastinum, barely touching the oesophagus, and vena azygos, but completely severing the thoracic duct, and lodging in the xiphoid portion of the sternum. Necessarily fatal, there was no reason, however, why the patient could not linger for a week or more; but it is no less certain that from the effect of the wound he ultimately died. I witnessed the execution of the paper shown to me--as the statement of deceased--at his request; and at the time of signing the same he was in his perfect senses. It was taken down in my presence by Jacobs, the a.s.sistant District Attorney of Placer County, and read over to the deceased before he affixed his signature. I was not present when he breathed his last, having been called away by my patients in the town of Auburn, but I reached his bedside shortly afterward. In my judgment, no amount of care or medical attention could have prolonged his life more than a few days.
(Signed) KARL LIEBNER, M. D.
The statement of the deceased was then introduced to the jury as follows:
PEOPLE OF THE STATE OF CALIFORNIA } _vs._ } BARTHOLOMEW GRAHAM. }
_Statement and Dying Confession of Charles P. Gillson, taken in articulo mortis by George Simpson, Notary Public._
On the morning of Sunday, the 14th day of May, 1871, I left Auburn alone in search of the body of the late Gregory Summerfield, who was reported to have been pushed from the cars at Cape Horn, in this county, by one Leonidas Parker, since deceased. It was not fully light when I reached the track of the Central Pacific Railroad. Having mined at an early day on Thompson"s Flat, at the foot of the rocky promontory now called Cape Horn, I was familiar with the zigzag paths leading down that steep precipice. One was generally used as a descent, the other as an ascent from the canon below. I chose the latter, as being the freest from the chance of observation. It required the greatest caution to thread the narrow gorge; but I finally reached the rocky bench, about one thousand feet below the grade of the railroad. It was now broad daylight, and I commenced cautiously the search for Summerfield"s body. There is quite a dense undergrowth of shrubs thereabouts, lining the interstices of the granite rocks so as to obscure the vision even at a short distance. Brushing aside a thick manzanita bush, I beheld the dead man at the same instant of time that another person arrived like an apparition upon the spot. It was Bartholomew Graham, known as "Black Bart." We suddenly confronted each other, the skeleton of Summerfield lying exactly between us. Our recognition was mutual. Graham advanced and I did the same; he stretched out his hand and we greeted one another across the prostrate corpse.
Before releasing my hand, Black Bart exclaimed in a hoa.r.s.e whisper, "Swear, Gillson, in the presence of the dead, that you will forever be faithful, never betray me, and do exactly as I bid you, as long as you live!"
I looked him full in the eye. Fate sat there, cold and remorseless as stone. I hesitated; with his left hand he slightly raised the lappels of his coat, and grasped the handle of a navy revolver.
"Swear!" again he cried.
As I gazed, his eyeb.a.l.l.s a.s.sumed a greenish tint, and his brow darkened into a scowl. "As your confederate," I answered, "never as your slave."
"Be it so!" was his only reply.
The body was lying upon its back, with the face upwards. The vultures had despoiled the countenance of every vestige of flesh, and left the sockets of the eyes empty. Snow and ice and rain had done their work effectually upon the exposed surfaces of his clothing, and the eagles had feasted upon the entrails. But underneath, the thick beaver cloth had served to protect the flesh, and there were some decaying shreds left of what had once been the terrible but accomplished Gregory Summerfield. A glance told us all these things. But they did not interest me so much as another spectacle, that almost froze my blood. In the skeleton gripe of the right hand, interlaced within the clenched bones, gleamed the wide-mouthed vial which was the object of our mutual visit. Graham fell upon his knees, and attempted to withdraw the prize from the grasp of its dead possessor. But the bones were firm, and when he finally succeeded in securing the bottle, by a sudden wrench, I heard the skeleton fingers snap like pipe-stems.
"Hold this a moment, whilst I search the pockets," he commanded.
I did as directed.
He then turned over the corpse, and thrusting his hand into the inner breast-pocket, dragged out a roll of MSS., matted closely together and stained by the winter"s rains. A further search eventuated in finding a roll of small gold coin, a set of deringer pistols, a mated double-edged dirk, and a pair of silver-mounted spectacles. Hastily covering over the body with leaves and branches cut from the embowering shrubs, we shudderingly left the spot.
We slowly descended the gorge toward the banks of the American River, until we arrived in a small but sequestered thicket, where we threw ourselves upon the ground. Neither had spoken a word since we left the scene above described. Graham was the first to break the silence which to me had become oppressive.
"Let us examine the vial and see if the contents are safe."
I drew it forth from my pocket and handed it to him.
"Sealed hermetically, and perfectly secure," he added. Saying this he deliberately wrapped it up in a handkerchief and placed it in his bosom.
"What shall we do with our prize?" I inquired.
"_Our_ prize?" As he said this he laughed derisively, and cut a most scornful and threatening glance toward me.
"Yes," I rejoined firmly; "_our_ prize!"
"Gillson," retorted Graham, "you must regard me as a consummate simpleton, or yourself a Goliah. This bottle is mine, and _mine_ only. It is a great fortune for _one_, but of less value than a toadstool for _two_. I am willing to divide fairly. This secret would be of no service to a coward. He would not dare to use it. Your share of the robbery of the body shall be these MSS.; you can sell them to some poor devil of a printer, and pay yourself for your day"s work."
Saying this he threw the bundle of MSS. at my feet; but I disdained to touch them. Observing this, he gathered them up safely and replaced them in his pocket. "As you are unarmed,"
he said, "it would not be safe for you to be seen in this neighborhood during daylight. We will both spend the night here, and just before morning return to Auburn. I will accompany you part of the distance."
With the _sangfroid_ of a perfect desperado, he then stretched himself out in the shadow of a small tree, drank deeply from a whisky flagon which he produced, and pulling his hat over his eyes, was soon asleep and snoring. It was a long time before I could believe the evidence of my own senses. Finally, I approached the ruffian, and placed my hand on his shoulder. He did not stir a muscle. I listened; I heard only the deep, slow breathing of profound slumber. Resolved not to be balked and defrauded by such a scoundrel, I stealthily withdrew the vial from his pocket, and sprang to my feet, just in time to hear the click of a revolver behind me. I was betrayed! I remember only a dash and an explosion--a deathly sensation, a whirl of the rocks and trees about me, a hideous imprecation from the lips of my murderer, and I fell senseless to the earth. When I awoke to consciousness it was past midnight. I looked up at the stars, and recognized Lyra shining full in my face. That constellation I knew pa.s.sed the meridian at this season of the year after twelve o"clock, and its slow march told me that many weary hours would intervene before daylight. My right arm was paralyzed, but I put forth my left, and it rested in a pool of my own blood. "Oh, for one drop of water!" I exclaimed, faintly; but only the low sighing of the night blast responded. Again I fainted. Shortly after daylight I revived, and crawled to the spot where I was discovered on the next day by the kind mistress of this cabin. You know the rest. I accuse Bartholomew Graham of my a.s.sa.s.sination. I do this in the perfect possession of my senses, and with a full sense of my responsibility to Almighty G.o.d.
(Signed) C. P. GILLSON.
GEORGE SIMPSON, Notary Public.
CHRIS. JACOBS, a.s.sistant District Attorney.
DOLLIE ADAMS,} Witnesses.
KARL LIEBNER,}
The following is a copy of the verdict of the coroner"s jury:
COUNTY OF PLACER, } Cape Horn Township. }
_In re C. P. Gillson, late of said county, deceased._
We, the undersigned, coroner"s jury, summoned in the foregoing case to examine into the causes of the death of said Gillson, do find that he came to his death at the hands of Bartholomew Graham, usually called "Black Bart," on Wednesday, the 17th May, 1871. And we further find said Graham guilty of murder in the first degree, and recommend his immediate apprehension.
(Signed) JOHN QUILLAN, PETER MCINTYRE, ABEL GEORGE, ALEX. SCRIBER, WM. A. THOMPSON.