People v. Gregory

Vinton, Hayden, Gregory, and Rad cliff were charged with the murder of Littlefield. Hpon.a separate trial Gregory was convicted, and now prosecutes an appeal to *18 this court from the judgment and order denying his motion for a new trial. The case is purely one of circumstantial evidence. The scene of the homicide was in a mountainous and sparsely settled district in the county of Trinity, and the parties interested all resided in that territory of country. Upon September 26,1895, Vinton reported himself at the house of Hayden, a ■ friend, wounded by a rifle ball. He claimed that he had been shot from ambush by his enemy Littlefield. Upon the forenoon of the 37th there had gathered at Hayden’s house from various places and distances, principally at the invitation of Vinton’s couriers, these four defendants, and also Crowe, Laycock, and the two Van Horns, all friends of Vinton and enemies of Littlefield. During the morning of September 27th. they were notified that Littlefield was several miles distant, engaged in driving a herd of cattle. Bayles Van Horn was a.constable. Up to 3 o’clock of this day these men spent their time at Hayden’s house in talking with Vinton and resting at…