Napa County CA Archives Obituaries.....Ruesch, August October 25, 1879
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File contributed for use in USGenWeb Archives by:
Regina Gualco rmgualco@yahoo.com August 4, 2006, 10:03 pm

from History of Napa and Lake Counties (1881)
Killing of AUGUST RUESCH—This occurred in the "William Tell" hotel, in Napa
City, October 25, 1879. It appeared from the testimony adduced, that G. W.
Crowey, and his sons John and William, were in the hotel on the night of the
homicide, and got into an altercation with Ruesch, and finally a general melee
ensued, in which the latter got pretty badly punished. He then went out into the
yard, and was followed by John Crowey, who had a billiard cue in his hand. Here
the fight was renewed, when Crowey struck him over the head with the cue, from
the effects of which he died. All three of the Croweys were arrested, but the
father and William were subsequently acquitted. The Grand Jury found a true bill
against John at its session of December 4, 1879, and his case came up for trial
May 3, 1880. The jury comprised the following named gentlemen: H. J. Lewelling,
J. T. Cooper, S. R. Dickey, D. F. Whitlach, R. F. Montgomery, S. A. Garnett, C.
Cutler, J. Forrester, W. J. Baker, Asa Spear, S. Newcomer, and G. W. Haynes.
Their verdict was returned May 14, and was as follows: "We, the jury, find the
defendant guilty of murder in the second degree, and recommend him to the mercy
of the Court."

His attorneys moved for a new trial on the following grounds: First, the Court
erred in refusing to grant the defendant's challenge to the panel. Second, the
Court misdirected the jury in matters of law. Third, the Court erred in the
decisions of questions of law arising during the course of the trial. Fourth,
the verdict is contrary to law, and also to the evidence. The Judge passed
sentence on him June 1, 1880, which was confinement in the State Prison for ten
years, and on appeal it was taken to the Supreme Court, and the remittitur was
issued September 28, 1880, for a new trial in the lower Court. The new trial
came on October 19, 1880, with the following jury in the box: G. Hulse, C. P.
Smith, H. Flynn, H. C. Neil, C. Walsh, A. H. Marsh, L. W. Speilman, J.
Patterson, J. Hale, J. B. Bloss, T. B. Curtis and H. Roland. This jury
disagreed, standing nine for conviction and three for acquittal. The case is
still pending in the Courts. 

Additional Comments:
Source: [Lyman L. Palmer], History of Napa and Lake Counties, California (San
Francisco: Slocum, Bowen & Co., 1881), pages 156-157.

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