["Tennessee" (Richard N. Allen), The Shooting of Sam Brown, Sacramento Union, July 11, 1861]

 

THE SHOOTING OF SAM BROWN.

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Evidence on the Examination of Henry Vansickle.

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            The following evidence was adduced at the examination of Henry Vansickle, at Genoa, charged with killing one Sam Brown, Saturday, July 6th:

            M. W. Wheeler deposed and said—Vansickle and I were standing talking about trading, on Saturday evening last, July 6th, on the porch of Vansickle's house ; we saw a man coming, and Vansickle said it was the Pony Express; I said, "It is Sam Brown coming;" Brown rode up, and Vansickle stepped down on the lower step of the porch, and said, "How are you, Mr. Brown?" and shook hands with him; Brown stooped to tie on his leggings, and Vansickle held his horse; Henderson said, "Brown, are you going to get supper here to-night?" Brown said, No, I won't eat with any such G—d d—d s—n of a b—h;" Brown lifted his hand at Vansickle, and said, "Mr. Van, you served me a G—d d—d dirty trick;" he then grabbed his pistol, cocked it, and rushed at Vansickle; he chased Vansickle into the house, and from the bar room into the dining room ; Vansickle showed a friendly feeling toward Brown; asked him whether he would have his horse put out; and Brown said he was going up the road further.

            George W. Brubacker deposed and said—I live at Vansickle's. On Saturday evening last, July 6th, I was in the bar-room of Vansickle's house, at the desk behind the counter. I saw Mr. Vansickle coming into the house, and Brown after him with his pistol in his hand, cocked. Brown said, either "You had better stand, you son of a b— or, "You had better run, you son of a b—," I don't know which. After that, Brown got on his horse and rode off. Before he left he followed Van out of the bar-room into the dining room. Brown held his pistol in a shooting position and cocked. I knew Brown ; his character was very bad. I have always heard that everybody stood in dread of him.

            Ebenezer Manning deposed and said—I have heard the testimony of M.W. Wheeler ; it is true in every particular.

            Wallace Douglass deposed and said—I live at Henry Vansickle's. I was eating supper at Vansickle's house at the time Brown rode up on Saturday evening last. July 6th. I saw Vansickle run into the room while I was at supper. Brown followed him to the door. I heard Brown say something, but cannot tell what it was. He had his pistol in his hand, cocked and in a shooting position. It was the largest size Colt's revolver. There were about twenty-five men at the house, and they all advised Vansickle to follow Brown and shoot him. I consider Vansickle to have escaped narrowly with his life. I knew Brown when I saw him. Every one present at the house that I heard express an opinion seemed to consider Vansickle's life still in danger after Brown left. A person, apparently a companion of Brown, told Vansickle that the best thing he could do would be to take a horse and gun and follow Brown and kill him, offering his horse to Vansickle far the purpose of following him, and saying he would go along himself, but he couldn't shoot, his hand being crippled. This person also stated that Brown had told him he was going to kill somebody, and that he would travel no further with him.

            Geo. A. Greenawalt deposed and said—I am living at Henry Vansickle's house ; on Saturday evening last, July 6, 1861, I was eating supper at Vansickle's house when Brown rode up ; I saw Vansickle running into the dining room from the bar room ; Brown followed him from the bar room door to the dining room door; Brown went along the porch from the bar room door to the dining room door ; he had his pistol in his hand, cocked and raised ; Brown said, "run you s—n of a b—h;" he had some words before that, but I could not understand them; Brown's pistol was pointed towards Vansickle; Vansickle got out of sight too quick for Brown to shoot; I have known Brown nearly two years ; his character is that of a desperado ; everybody said that when he was in liquor they would have nothing to do with him; I know of Brown killing a man at Virginia City at the time of the Indian excitement; I know also of Brown's shooting a man at Carson City. I know of his shooting another man at Virginia City; I never heard Vansickle make any threats against Brown or speak ill of him; I heard Vansickle say, after Brown left the house, that he had always endeavored to treat Brown well; about twenty men, who were at Vansickle's house, urged him to follow Brown and kill him ; all these men were willing to accompany Vansickle after Brown, and all who could get horses and arms did go; as me also went without arms.

            Robert Fisher deposed and said—I reside in Carson Valley, at Job's store; on the evening of July 6, 1861, I accompanied a lady from Job's store to Genoa ; when we had reached about two hundred and fifty yards north of the house of Peter Vansickle, I saw two men approaching from toward Henry Vansickle's house ; one of them I readily recognized as Sam Brown ; I remarked to the lady in company with me, "there comes Sam Brown the murderer. I suppose you have heard of him?" she said, "I have, which is he?" I said, "the one with the big whiskers;" by this time we had approached pretty close, and were in the act of passing, when Brown remarked to his companion, "I would have killed him as quick as I would a snake," emphasizing the word "snake;" we passed on, and the lady remarked to me, "he is talking about killing somebody now ;" I said "he had better not kill another man in this territory, or he will be hung to the first limb ; we passed on sixty or seventy rods and met four men on horseback, three of whom I recognized; they were Henry Vansickle, Wilcox and George Brubaker; Brubaker asked me for my horse; I asked him what was up, and he said that Brown had attempted to murder Vansickle ; I gave him my horse and proceeded with the lady to Henry Vansickle's house; the lady was Mrs. Rockwell of Placerville. I have known Vansickle since the Fall of 1855; I am acquainted with his character for peace and quietness; it is good; I never knew of his having hard words with any man.

            Zeb Market deposed and said—On Saturday evening, July 6, 1861, I was at supper at Henry Vansickle's house ; the first move I saw, as I was looking towards the door, which was partly open, I saw Vansickle coming in the door of the dining room from the bar room, he was running, and looking behind him, his face being very white ; I discovered that he was very quick, and got behind a partition at the back part of the dining room; I was looking both ways, then, to see what the trouble was; I saw Brown step to the door with a revolver in his hand, pointing towards Vansickle; his pistol was cocked, and ready to fire; he looked very desperate when came to the door and said, "You had better run, you son of a b—h; Brown then passed the table, where some sixteen persons were eating supper; stood there about half a minute, apparently watching to see Vansickle again, he then disappeared from the door; a man jumped up from the table and said, "that's Sam Brown!" he rushed to the door, and I followed him; I saw several persons getting their revolvers ready. Brown got on his horse, with his hand on his revolver, watching the persons on the porch; his companion then went and got on his horse, and they went away together ; another of his companions remained behind, and cried, "shoot him! shoot him !" I saw Vansickle come out on the porch, and stand there about a minute, thinking ; about that time, all the men present, about twenty five, said "get on a horse, and go and shoot him;" four started off after Brown, including Vansickle ; about fifteen minutes afterwards I went on the upper balcony, and heard five shots fired up the road ; I then went up the road myself, and when I had gone a quarter of a mile, Brown's companion who remained behind overtook me ; a young man who was with me made him get down from his horse and give it to him, to go after Brown; the man said he would go and shoot Brown himself, only for his sore hand ; he also said that Brown told him, coming from Carson City, that he would have a man for dinner, or one for supper; he stated that Brown had been swinging his pistol from side to side of his horse, till he and Brown's other companion induced him to put it up; Brown was kept from shooting by Vansickle getting out of sight too quick for him ; Vansickle made a very narrow escape.

            Levi Miles—On Saturday last, July 6, 1861, I was at Mott's house, in Carson Valley. About seven o'clock in the evening I heard shooting; some of the women about the house came in very much excited, and said that two parties were outside shooting at each other ; I walked out and saw Brown standing in the back door of Israel Mott's house, and saw two or three men down the road on horseback; presently these men left and Brown came out of the house; Brown said that Vansickle had followed him up from his house and was shooting at him, but he didn't know what it was for ; he then said that another man had come up to Vansickle's with him and asked him to go in and drink there, but he had told the man that he would not drink in any such a G— d—d man's house; also said that if Vansickle had said anything to him he had intended to shoot him; sometimes he would state that he did not know what Vansickle was after him for—he would say that Vansickle, about a year ago, had given a man a pistol to shoot him. In the Fall or the latter part of the Summer of 1855 I was in Mokelumne Hill, and saw Brown there on trial for killing four men; he was convicted and sentenced to the State Prison for two years, as near as I can recollect). Brown's general character was very bad.

            George W. Brubacker recalled—When Brown left Vansickle's house, everybody around the house, between forty-five and fifty men, all cried out to Vansickle to go and shoot him; a number of men offered to go with Vansickle; after Van had started, I got a gun and started too, with others ; when we got about three quarters of a mile on the road, Vansickle and I got off our horses and Van halloed to Henderson, who was riding with Brown, telling him to get out of the way; Henderson stopped and Vansickle fired at Brown twice with a shot gun ; Brown turned his horse half way around and fired two shots at Vansickle; after that I gave Vansickle my gun; some time during the Summer of 1860, Deputy Sheriff Bally called at Vansickle's house, where I was clerk, and asked me to lend him a pistol for an hour or two; I lent him a pistol, but Vansickle didn't know anything about it; I afterward found out that Bally wanted the pistol to arrest Brown.

            A. W. Mcintosh—I have heard the evidence of Zeb. Market in regard to the occurrences at Vansickle's house on Saturday evening last, July 6th. It is true, after these occurrences I went up the valley on foot and met Vansickle about three miles from home, coming back. Vansickle said he had got Brown into Mott's house and could not get at him, and that Brown had shot at him from the house. It was then getting dark, and I proposed to surround the house if we should find that he still remained there. Vansickle turned back with me and others towards Mott's house. When we got to Mott's, Brown had been gone ten minutes. We were told then that his horse was wounded and that we could overtake him on foot. We went on foot to Job's store three miles distant. A number of men (about twenty), from Genoa and Vansickle's, overtook us at Job's. Some proposed to return, saying it was too dark. A part of them went on. Vansickle got a horse and went with them. I went on foot. The party on horseback got to Lute Old's Ranch before I did, by about fifteen minutes. When I got within about eight rods of Olds' house I heard a gun fired. I heard two shots. Between the first and second shots, I heard a voice which I supposed to be Brown's, say "You have shot me, you son of b—h!" Vansickle said : " I have been after you;" I then saw Vansickle coming toward me; I spoke and said, "Van, he didn't come this way;" Van said it didn't matter, he had shot him anyhow; I then stepped upon the porch of Lute Olds' house and saw Brown's body in front of the house in the road ; it lay about two rods from the house; when I was about two rods from the house, some five or eight shots were fired at it.  Vansickle hallooed, "Don't shoot, he is dead ;" Olds said the same; I also told them to stop shooting; after the firing slopped, I went up to the body and found Brown dead.

            Vansickle here acknowledged the killing, and pleaded justification on the evidence adduced, showing that his life was constantly in danger after incurring the enmity of Brown. The Justice, being fully satisfied of this, and knowing the ferocious disposition of Brown, ordered Vansickle's discharge. Brown was a very stout man, probably weighing near two hundred pounds, with bushy, red whiskers, and a broad, full chest, probably possessing double the physical strength of ordinary men.

TENNESSEE.