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

tions, but the man to whom he had first
spoken replied that they did not know any
thing about it until he himself had gone to
their cabin and informed them
Upon cross examination he testified that
the boot heel was quite small and high, and
evidently about number boot; that he
had noticed the boots of the defendant at the
tune OF the inquest; that the boot he had on
could not possibly have made the track that
the boots Murchie now had on could not pos
slpiy nave made the tracks. The italian,
Annaball, was here confronted with the wit
ness and recognized as the man who told him
he had not seen anybody that morning.1
The evidence upon which Murehie was ar
rested and held for trial finally, was in brief
as follows:
C. C. GALBRAITH
Testified that ON the morning of the murder
about o'clock, he was riding on horseback
past Murchie's house, and when he got in
front of Andrew Murchie's he met the old
man Murchie going up the road with shot
gun !; that he spoke to him that he (the wit
ness) was riding fast, Looping his horse.
MRS. ZEDTLER,
The wife of the deceased Through an inter-
preter) testified that her husband went to
his work about o'clock and that one of the
InCh l<iHtoIilC Il uCLsJ WIN WOIheQ lOT
was working about his cabin near her house
that Murchie, the defendant, had quarrel
with her husband about two weeks before
about a fence near the place where she lived,
and that Murchie had said to Zedtler then
that he would kill him.
L. GARTHE,
The magistrate before whom Murchie was
examined, testified that the two examinations
had been held before him as a magistrate;
that he took the particular points in writing,
and had kept them in his Office, but was una
BILE to find them this morning in the place
where he usually kept them that the testi-
mony had been taken also by w. Fennessey,
the Court reporter.
MR.. FENNEssEY
Testified that he took the testimony in short
hand. He looked over the notes and testi-
fed that Murchie had said, when the oues-
tion was asked, "Were you out with gun
on that Saturday morning?" The answer
was, No, sir" ''Were you up near the
reservoir that morning?" "No, sir" "Was
not out of the inclosure?" ''No, sir, | was
never out of that inclosure that morning"
That he "was not out with the gun that
morning"
Ufon cross-examination Fennessey read
from his notes, that Murchie had sworn dur
ing that examination, that when he got up
that morning, after going out to the barn, he
to feed his horses at the harm he went 70
Williams house. Int he wasn't mn. he came
hack and went nm a SECOND time after
breakfast he went to Andrew Murchie's."
The examination of Garthe was then re-
sumed, and he testified, that during the sec
ond examination Of Murchie man named
he was the onlv witness who Was NOT ,re nresent
at the first examinafion TJt was mon tbe
svidence of tbis w;tness CaIhro;tb +bat
Murchie was held to await the action of the
Grand Jury.l
W. C. CROSS
To,.;fod +bot about +u,o ,onth, hosouo A.
aho"t;,r, oao'rraJ La ,r,a,,t ~, tho ,,.;.i W.
1ioIS.n9 u 9,I.;'ht u 49, y ~ ~ WIZ ".
af --.n;nr s;nss o 81, 80 IS oS I'M puip
o,d ~ thnt SInrob;e oaa tbou ,;tb tdn' rhnt
anu ina a,nd' forb;J tboro ao ;ne Will sn4s
suH anu ~, ~ o,u 'uun ,;.L VI in
hat ~ mrohia VIII sa;d .Ie =. s;r 49,
TS.Ie ,t Dnat AZ. mn ,,IJ In
neuter W1n' upon .nas ia1G ne "ouiu kili
iian si"O .nI,,;n III ,;.S W L;re a aug LII.
uenoIG TI SanS ,;s ii, ~ aIu tLa a.ea uuy
-au.oile a:lt1 us us. ~ ~ VIC
S 49, enI - N-1 ou1 W. -0s' ''-N 'Ae1 AA
isiieo iiaAiiis VIC survey
W. f. ENGLEBRIeHT,
A surveyor, testified that he went out to sur
vey or run lines on a piece of land near
Murchie's, in company with w. G. Cross, the
lawyer that while they were there Murchie
came to the place and ordered them off that
Murchie had shotgun at the time; that he
was short distance from Cross and Murchie
and did not hear the conversation between
them, but that Murchie finally left and they
finished the survey. At the time Murchie
came to them they were on the Murchie
patented ground.
,, cI.s os NTo,.oIa . :. a.
time Of the homicide. testified that he went
out to the spot where the body lay on the
morning of the day of the murder, with a
Coroner, fer wheTs he summoned jary !;
!llaC huIehiG "Ss suinl,oneu as 9ne VI .ne
IIIuiS Sne' iio apPealeu % usuai. .t
Ile lo''h4 suH I"u Ii eiio slJulI s: IN ono
Supposeu llIe VI VIZ siooVLns; Which l nc ca,
lipi'eu III O9uio "iso pioheu splis siilall I
siioC ous VI 1lie oioVlins VI Une ueoe"Seu. iie
tnoughe tney were aoo9e NO sno'. IN Tue
same eteHlni ne eI vasi:e9 tne ilGuse ol Ine uJ
Ishuan' III iia 9ilIiai 1, oap"otty anu 'ooS
charge Oh ugIeI'aII gun, sno'-Po9cl anu
sanle-oas' ne ni.u u:a"h 'iie igauS curing a
previous A"iil''' m, "u Pi"oeu
snein III ZIG H sun n"u NJ"
t9e same loads as wheh taken from
Murcnle mouse on ehe u&y oI tne ,eurdsr'
he tnoughc tne gun was 20. n OF 10. ne
front1,- forr hours of the tima Il cama info
his possession, for the reason that when he
wet his finger and put it into the muzzIe of
the barrel it was blackened by the burnt
powder. Only one barrel blackened his fin
ger by this test. He thought the wad which
he had picked up was a tight fit for the MUIR
chic gun. but that it had been somewhat en-
larged by firing.
The Defense
r nj Wallinp. in openinp the case on the
mart of the defendant. stated in substance
that he ,roposed to prove an alibi.
,.,,,,,,o,-r
H. 'hiAiooN
Testified that he was surveyor and engineer
A map OF the premises upon which the
homicide took place was shown HIM and the
different localities pointed OUT lie then
stated that, In company with young man,
he visited the grounds represented by the
map; that he measured the distance from
where the body lay to Murchle's gate that
it was three-quarters OF mile and thirteen
feet. he could net be mistaken as to the
distance. Frora the gate to the house was
Ioo Ies ""o I''e eso;aii,, the
rigbt-hand side of the road going up. There
was little possibility of means of getting
under cover near Murchie's house.