Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-05-07

rel which he used for the same purpose as
crowbar. 1t was sitting by maDzanita
bush inside Of the fence. Did not recollect
meeting any person; went and came in the
road. An old rifle barrel, somewhat bent,
was here shown to witness. That is the bar;
1t has been on my place seven or eight years.
l use it as a erowbar / used it up there
while digging hole or ditch under the fence
to let the water through which had over
flowed from the V-fume and to prevent it
from running down into my door-yard that
ditch is there now to be seen. l afterwards
went up to Andrew Murchie's house; this
was between z and o'clock it was after
breakfast. | did not notice how many per-
sons were there; MIR. Nesbit was there; they
were working on a building. l remained
there five, six or eight minutes. went there
after square. l went back to my house, and
then to the barn for some nails; this was after
| got the crowbar. | know man named
VIM. Williams. He used to drive team up
there and kept his horses in my son William
Murchies barn, on the left-hand side of the
road going to my house. I saw him at the
barn that morning early, and also when
went up TO AIurchie's house. l stopped four
or five minutes in the barn. Williams was
fixing his horses and had come out of the
stable. William Murchie came down to my
house that morning while was fixing that
porch. He remained there FIVE or ten min
utes, and then he went up the road. 1t was
probably ten or fifteen minutes after he left
that heard of Zedtler's DEATH VIM. Nc
Clintock told them and they told me. l saw
McCEntock and got the news just as he left
was not out hunting on that day. Was not
at the reservoir near where Zedtler was
shot, L was not out on the road with
a double barrel shotgan that morning.
was dressed that morning in an old white
bat, white shirt and gray striped shirt,
a light-colored pair of pants, and kind of
lieht-colored coat and vest. Some clothes
were exhibited to the witness which he recog-
nized as those worn. Witness put on the hat.
1t was old, much worn, faded, low in the
crown, wide rim, soiled, and had evidently
been worn long time. This is the hat I
wore on that morning, and those are the
clothes | had on. l have not worn a black
hat within the last ten years except plug or
stove-pipe hat which l wear on extraordinary
occasions, or when l 60 to San Francisco.
That gun is mine l have had it twenty-odd
years. / do not know the caliber. | call it
a sixteen because L have seventeen wad-
cutter which cuts wads that fit it tightly. l
have had no buckshot whatever in my house.
In buying wads | generally get number six
teen if L can't get seventeen. l buy sixteen
or seventeen. | know the point at which
it is said Zedtler was killed was up there on
the Coroner's jury. Question" Did you
see Zedtler that day prior to that time:"
"No, sir" Did you shoot Zedtler ~ ''No,
sir" heard the testimony of Mr.. Cross.
did not make the threats of which he spoke
on that day against Zedtler. l did not know
at that time that Zedtler claimed the timber
on that piece of land. 1 supposed that Hal
lomuller claimed it. / saw him surveying
it. and he told me he had bought it from the
railroad company. At that time he had
brought suit against the Murchie Gold and
Silver Mining Company about this land. 1
heard the testimony of Mrs. Zedtler. | was
up to their place about two weeks before the
killing. There was no quarrel between
Zedtler and me only this He had carried
away some rails that belonged to me, and L
told him they were mine. l did not at that
time or any other threaten to kill Zedtler
Zedtler lived there about year. The ground
upon which Zedtler lived was not the same
which was in dispute. 1t lies clear above it.
When 1 told Zedtler not to take the rails he
did not dispute my right to them. did not
know there was any lumber hauled near the
reservoir until the next day after the inquest.
did not know prior to the time Zedtler was
killed that he or Hallomuller ever intended
building a cabin there.
On cross examination he said: I know w.
G. Cross, the attorney -at-law. / remember
the occasion he spoke of when he testified
about making the survey. question" Did
you at that time or place say, within hearing
of Mr.. Cross, that if Zedtler ever went upon
that ground you would kill him ~ "No,
sir "And that your lawyer had told you
that you had a right to do so?' "No, sir"
MRS. MURcHIF,
The wife of the defendant, was called. She
is a fine-looking old lady of medium hight,
apparently quite active, with a sweet, digni-
| fed expression. She was evidently nervous,
and was accompanied by one of her daugh-
ters. She testified thst-she was the wife of
the defendant, and was ~ years of age. Re-
membered the day on which Zedtler was
/ killed. She passed the night before at her
sons (Wm. Murchie's helping to care for a
sick child. She first saw her husband about
z o'clock of the morning of the day of the
homicide. when he came up to her sons
house. She recollected the time because it
was the hour for giving medicine to the
child, who had the Group. Her son
William and his wife were present
when her husband came up. He remained
there fifteen or twenty minutes, and
then went down to his own house.
The witness followed after short time.
They ate breakfast together about quarter
after z; breakfast lasted about fifteen or
twenty minutes. After eating breakfast she
went back to her sons to help take care of the
child. Her husband went up to the barn.
Saw him next carrying some lumber down to
fix the porch. She sat down by the window
in her sons house and saw him busy around
there He was dressed in his usual working
clothes. The clothes had once been a good
color, but had faded much-old light pants
and an old light hat-(clothes shown to wit
ness) those are the clothes. He always wears
light hats Been married fifty. three years.
During all that time l never saw him wear u
black felt hat. He has a beaver hat which
he wears when he dresses up or goes to San
Francisco.
MARcELLUS MURCHIE,
The grandson of the defendant and son of
Andrew Murchie, boy of about II years,
testified that he came down stairs in the
morning at o'clock. He heard the clock
strike He makes the fires in the house. He
saw defendant first about FIVE or ten minutes
after 6, on his way up to VIM. Murchie's house.
Witness was out by the wood-house getting
pitch. Saw the defendant again about half
past Z. He was going up to where they were
building a chicken.house. Andrew Murchie
and William Nesbt were working there.
Don't recollect how long he staid at the
chicker-house.
WILLIAM WILLIAMS
Testified that he resided at the house of VIM.
Murchie at the time of the homicide that
he stopped there the night before; that he
was hauling wood to VIM. Murchies house /;
that he got up that morning about 6 o'clock
and went out to the stable to feed his team.
He saw the defendant that morning about
half past 6, at the barn he remained there
about five minutes and then went towards
home | saw him again about half an hour
afterwards, going up to William Murchie's
house ; saw him again about fifteen minutes
after that, coming out of the gate to go
home that was about quarter past 7. He
went out to haul wood, and did not think he
saw him again. Question: Did he have a
gum" "No, sir" Did you see the de-
fendant out with gun any time that day."
No, sir"
HENRY PUTTENEYBR
Testified that he had been acquainted with
the defendant four or FIVE years lived about
three-quarters of mile distant from him
he drove a team into town on the morning of
the homicide, past Murehie's place, and saw
and spoke to him; he was on the road close
to his house.
THE VERDICT.
Yesterday this trial, which involved the
value Of circumstantial evidence SO largely,
was concluded by verdict from the jury Of
not guilty.