Plumas County CA Archives History - Books .....Historical Reminiscences -  The Francis Trial 1882
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Book Title: Illustrated History Of Plumas, Lassen & Sierra Counties

THE FRANCIS TRIAL.

   Perhaps the most vigorously contested trial ever held in the courts of Plumas
county was that of the People versus Robert Francis, in May, 1869. The
circumstances that led to the trial are briefly related as follows: Francis, a
Canadian, though of Irish nativity, was a miner on Sawpit flat. On one occasion,
in the latter part of the summer of 1868, he had had a disagreement with one
Robert Oliver, an Englishman, resulting in a pugilistic encounter, in which
Francis got badly worsted. Much bad blood was engendered between them, and it
needed but a favorable opportunity to produce a more serious rupture. It was not
long before such an opportunity occurred. On the night of the twenty-sixth of
September a party was given by William Metcalf, the proprietor of the hotel.
Oliver was in the dancing-hall when Francis arrived, and the latter's friends
advised him not to go in; but he did. While the dance was going on, Oliver
collided with Francis, and a few sharp words passed between them. Francis then
left the house for his cabin, some distance away, and soon returned with his
revolver. As he entered the room Oliver was boasting that he could whip him, at
the same time using an epithet especially provoking to a Californian. Fired by
these words, and at the affront which had been given him, Francis raised his
weapon and shot his opponent dead. He was brought to trial on the thirty-first
of May, 1869. H. L. Gear, district attorney, assisted by Judge Peter Van Clief,
appeared for the prosecution; and Creed Haymond, John R. Buckbee, G. G. Clough,
and J. D. Goodwin, in behalf of the prisoner. Never had a more intense interest
been manifested in a criminal trial in Plumas county. The case of the people was
strongly and eloquently presented by Judge Van Clief, and the other side was
equally well supported by the opposing counsel, Buckbee's plea eliciting the
highest admiration of the bench, bar, and auditors. The main defense was
insanity. The jury, after a retirement of many hours, brought in a verdict of
murder in the second degree, and Francis was sentenced to fifteen years in the
penitentiary. An appeal was taken to the supreme court, but the judgment of the
lower court was sustained. Strong efforts were made to secure his pardon from
Governor Haight, but without success. After a lapse of three years, Francis was
pardoned by Governor Booth, left the state, and now resides in Dakotah.


Additional Comments:
Extracted from:

Illustrated History of Plumas, Lassen & Sierra Counties

San Francisco: Fariss & Smith
(1882)


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