Killing of August Ruesch
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.
Source: [Lyman L. Palmer], History of Napa and Lake Counties, California (San Francisco: Slocum, Bowen & Co., 1881), pages 156-157.
This record was transcribed by Regina Gualco and is posted on CAGenWeb with permission.
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Last updated August 5, 2006