Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-03-15

the stand and testified as follows
7 am the defendant in this case. My age
is 29years.
swer-I am, sir. / was married two years
ago last October.
0@Have you any children. A.-One
child. year and half old.
O.-Where were you born? Al was
born in the town of Rocklin, State of Maine
HIS INFANCY.
O-How lorg did you reside there An
swer-I think l was about four years old
when father moved to Boston, and about ten
when he moved to New York City.
Q-Where did you reside after leaving
New York? Ave came to Kansas in 1854
or 1865, and from there we removed to Cali
fornia.
O.-Had you ever been to California before
your family came here? Al had; yes,
sir: / don't recollect exactly when. | should
Judge two or three years before my family
came.
ON what occupation have you been en-
gagged during your life, Mr.. Kalloch Al
have attended school considerably, / have
worked in the printing trade, was at one
time clerk on a railroad, worked on farm, j
have been minister of the gospel and taught
school some. OF late years my occupation
has been that of minister of the gospel: L
began to preach in 1876, but was ordained in
the Metropolitan Temple in the fall OF 1871.
O-After your ordination where did you
goS A.-Within a month or SO l received a
call to the Fifth Baptist Church on Twenty
second street. / remained there for about a
wear. After resigning that received call
in about month to the church at Sonora.
O.-Do you recollect when you went there
Al think in the month of May, 1S78-to
the hest of my recollection.
Odd you marry in Sonora! Al did.
3 0.-Were you living there in May, 1873,
down TO August. 1879? Al was.
THE NEW CONSTITUTION FIGHT.
Q.-You were familiar with the fact, l
suppose, that in 1879 there was struggle
about the new Constitution Al was.
O-Were you interested in the struggle
Counsel for rosecution-Where is the
materially?
Mr.. Highton-It must be exceedingly ma
terial, to show that he was peacefully en-
gagged in his own vocation.
The Court see no materiahty, but he
Witness-I took no further part than to
O.-Down to the month of August, 1879,
had Won ever carried arms ? A.-Never. l
have hunted.
o. viii ask you whether, with the ex-
ception of this difficulty, you ever had any
ARRAY. personal alteration or difficulty IN
your life?
The Court do not think can allow you
to answer that question.
MIR. Highton-What will your Honor not
allow me TO ask him if he has led peaceful
life? 1t seems to me very material.
The Court-You can show his reputation
for peace and quietness.
Mr.. Highton argued the matter.
The Court have never seen any rule ex-
cept as to the admissibility of testimony as to
Mr., Highton-Wen, 1 think l can show
you authorities.
The Court-You can ask him In regard to
the pistol perhaps.
QUESTIONS RULED OUT.
Mr.. Hiehton then asked if witness had ever
used pistol on any one. Ruled out and eI-
ception noted. A series of questions were
then put and excepted to. The questions in
volved ever shooting, having dItncultles or
ever witnessing combat with weapons. Had
he ever been arrested for assault and battery
with weapon or otherwise. All ruled out and
exceptions noted.
Mr.. Highton asked permission to withdraw
the witness until after recess, Wnen ne woulc
argue the matter.
He then asked permission to read to the
iury those parts of the authorities on In
sanity.
Nit. Campbell objected to the introduction
of the books, as they were only permissible te
be read in the argument.
The Court think this is the better way,
and much quicker than reading passages tC
the expert and getting his opinion.
Mr. Murphy-But the witness may not
agree with the passage.
The Court-Oh, well, nobody cares for his
opinion anyway It's the book we want,
after all
Mr.. Highton then read from " Maudsley
on Mental Insanity, pages 133 and 134, tC
the effect that, although person may ex
hibit no symptoms of insanity, he may never
theless suddenly rise up and kill somebody
Again, at page 140, persons are at times pos
sessed with sort of homicidal monomania
impelling the one possessed to kill some one
no matter who.
At this point, 12:15 P. NJ, recess was taker
to 1:30 P. NJ.
The Defendant Again.
Defendant was again placed upon thu
stand, and he continued his testimony as fol
lows:
O.-Immediately prior to the shooting o
your father, you were settled in Sonora
Al was; yes, sir. 1 left there to com,
down here at the shooting of my father.
Q.-Do you remember the time? A.
do, perfectly. 1t was on the 2Sd day o
August.
O,-Under what circumstances did YOU
come? Al had received telegram, stat
ing that my father had been shot by Charlie
De Young, and was not expected to live.
did not expect to find him alive.
Odd yeu bring your wife with you
A.ENo. sir l could not bring her. We ex,
pected her confinement within few days.
O.-When did you arrive In San Francisco
At was some time before noon of the fol
lowing day.
Odd you proceed at once to the Metro
politan Temple? A.-Yes, did. l founC
a number of friends of my father there
church people, my mother, a good many
friends on the outside.
Odd you see your father? Al knew
that he was there. | didn't see him unit
next morning.
Q-See your mother? Al did.
Q.-How long did you remain there at the
Temple? Al don't remember, possibly
three weeks until father was taken home.
Q.-Were you in constant attendance or
your father? A-Yes, whenever could b
of any service to him.
O.-What was his condition? Ale wa
very grievously wounded, shot through the
lungs, as was supposed, and for long TIME
supposed to be dying.
MIR. Campoell-NeVer MIND your opinion
as a medical expert.
Q-The marked articles in the San Fran
cisco Chronicle of August 9th, Dist, I'D anG
23d, you have seen? A.-Yes, sir.
Q-You have read those articles, have
you? Al have.
Odd you read them after you cams
down to the city at the time your father was
shot? Al read some of them before | left
Sonora
O.-After you left the Metropolitan TEN
pie you went to him at your fathers home or
Mission street? A.-Yes, sir; in three OF
four weeks.
Q.-After you reached your fathers house
did you read those articles? A.-Yes, the
portion not read by me before that portion
relating to my grandfather.
Mr.. Murphy-We ask that this may be
stricken out.
The Court think it may be allowed tC
remain.
THE LlBELous ARTICLES.
Odd those articles form any topic Of
discussion between your father and yourself
A.-Yes, sir.
Q.-Do you know Dr. Davis, who was ex-
amined here? A.-Yes, sir.
Q-Was he the family physician? A.
Yes, as far as know.
Q.-After you arrived here. in August,
1879, did DR.. Davis prescribe for you! A.
Yes ; he did.