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ANOTHER INNOCENT MAN KILLED
A man named Samuel L. Franklin was shot by another named Peyton, between the
hours of nine and ten o'clock on Sunday evening last. Peyton drew his pistol
to shoot a man named Wooley, but Wooley caught his arm, and in the scuffle that
ensued the pistol was discharged, almost instantly killing Franklin who was
seated in a chair reading a newspaper. The ball struck the unfortunate man near
the navel, passed through his body and lodged under the skin to the left of
the spine, causing death in about ten minutes. Mr. Franklin was a native of
Baltimore, Md., and had been in the Territory about four months. He bad been
in Humboldt part of this time and had reached this place but about four weeks
before the accident resulting in his death. He was a man of remarkably fine
personal appearance and but about 27 years of age. On his person was found letters
from his mother begging of him to return to her at his home in the States, and
mourning over the "long absence" of her "dear boy." The
following evidence was giving before the Coroner's jury: JAMES H. WOOLEY. Being
duly sworn said the affair occurred on C street at Mr. McCoy's saloon, somewhere
near 9 o'clock; between the hours of nine and ten o'clock. I had met Peyton
at Mac's saloon, the first thing that occurred between him and me was when Mr.
'Williams came into the house and wanted me to take a drink with him, I did
and this man Peyton was sitting in a chair on standing up-, he said to me when
I was about to sit down "you are such a good-natured cuss I want you to
take a drink with me"; "Well" said I, "Yes, I will take
a drink with you "; he then commenced talking with me in a slanging manner,
and I took it for a long time in good sport-, he called me an "ill bred,
low-bred pup;" I then turned around and said to him, "I am as well
bred a gentleman as you are, sir"; he then stood at the corner of the counter;
he jumped back, put his hand in his side pocket and drew his pistol; I then
started for him and caught his pistol hand by the wrist-, I struck his hand
down towards the floor to prevent his hitting me or anybody else, I held his
hand between my legs when the pistol went off while between my legs, shooting
a person immediately behind me the person was Mr. Franklin. Mr. W. STAFFORD,
being sworn, said: He was in the saloon at the time of the shooting occurred;
they (Peyton and Wooley) came up to the bar and took a drink together and stood
joking together; I saw Peyton step back toward the back end of the saloon; I
saw him draw his pistol; he drew it from his side pocket, cooked it and presented
it at Wooley, Wooley jumped and seized his arm, when a scuffle ensued; Mr. Williams
ran up to them, and at this moment the pistol was discharged the man Franklin
was sitting in a chair. A number of other witnesses were examined, the tenor
of whose evidence was the same as that given above. A verdict was given and
in accordance with the facts as above shown, Peyton was committed by a Coroner's
warrant to the custody of the Sheriff to await the action of the Grand Jury
which will be in session on Monday next, and is now lodged in the county jail.
Persons who were acquainted with the deceased, speak in the highest terms of
him. He was no drinker or frequenter of saloons, and merely went into the one
in which he met his death on account of the chilliness of the night, while awaiting
the return of a friend with whom he had been talking some time in the street,
and who recollected some business it was necessary for him to attend to on B
street. Deceased was well known and had many friends in San Francisco. His funeral
took place yesterday afternoon at 4 o'clock. The expenses of the funeral were
paid by a subscription raised among our citizens.
[Text recovered by Michael Marleau. Reprinted in Mark Twain Journal,
Fall 2004, pp. 11-12.]
