Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-10
HAMILTON MURDER CASE.

francisco upon appSal VI ueieNu' "E
plication for new trial. The principal point
upon which the appeal is based are that tn
Court refused defendant continuance il
March last, when applied for, upon tn
ground that the senior counsel in her cas-
was absent on account of sickness that ther
was challenge to a Juror by defendant 70
1 canse. and the Court overruled the challeng
hefore it was denied by the District Attor
new: that witnesses Greer and Doan shoul'
! have been allowed to express their opinion
as to whether or not, on certain
occasions when they saw and con
YER ed with the defendant there was any
thing in her actions or speech to lead them t.
suppose that she was Insane The Court re
| fused to allow the testimony, upon the grount
that they were not experts, and hence wer'
incompetent to answer the questions upof
that point That there was no evidence II
the case before the jury upon which to predi
cate involuntary manslaushter, whIch wa
their verdict, as that crime is defined to bt
| manslaughter committed in the commission
of an unlawful act, not amounting to felony
or in the commission Of q lawful act which
might produce death in an unlawful manner
or without due caution or circumspection :
that the Court erred in instructing the jury
as to what constituted involuntary man
slaughter, az there was no evidence before the
inrv mon which to base such instructions,
and that the law requires that all charges to
iuries must be predicated upon some evidence
given before the jury. :,
Mrs. Hamilton is still in the County jail
in this city, awaiting the result OF the appeal.
In the absence of c. l.. White, her attorney,
who is now away from the city, Joseph Wal
lis will argue the case as her counsel IN the
Supreme Court.
UNPLEASANT CoNJUNcTIoN.-An alarm OF
fire was turned in last evening at 9 o'clock
from box %, Engine House No. l, caused
by FIRE in back room in the second story
of the Orleans Hotel on Second street. The
fire caught from kitchen stove, but was ex-
tinguished by parties present by the time the
fire department had arrived. The damage
was confined mostly to the one room, and will
not exceed 500. As Engine No. 2 was
coming down the street to this fire little
boy of DR.. Pyburn's, fabout II or II years
old, in trying to look out set mosquito bar
on FIRE from ia lamp, which flashed up, and
caused counter attraction in the direction
of the fire. The little boy, however, had the
presence of mind to pull the bar down, and
cover it with a quilt, thus putting out the
stentorian tones of the o'clock bell, which
cut off the boys running to the fire, and thus
proved an unpleasant conjunction.
POLICE CoURr-In the Police Court yes
terday Bak Haw was fined SIS for carrying
concealed weapons, and Sl0 for battery, which
he paid John Waters was tried, found
guilty of battery. and will appear to-day for
judgment. S. W. Brock was examined and
held to answer for grand larceny. John
White was found not guilty of disturbing the
peace. John Mehany, arrested for battery,
withdrew plea of not guilty and confessed the
charge He will appear for judgment on the
18th inst. Charles Corning and George
Campbell failed to appear to answer to charges
of being drunk and sleeping on sidewalk, and
thereby forfeited 81 30. John Sordin
was tried and found not guilty of petit
larceny. George Campbell, James O'Brien,
John Wilson and Charles Fisher were dis
charged from arrest for sleeping in cars.
John Daugherty was examined upon charge
of libel and case taken under advisement.
William White was fined IS upon a plea of
guilty to drunk.
Held TO ANSWER. The examination in
the case of S. W. Brock, charged with steal
ing a purse Of SIS from beneath the buggy
cushion Of Z. Jacobs, was held before Judge
Henry yesterday. The testimony aiduced
was that Mr.. Jacobs having incautiously left
the money in the buggy seat in his horse. barn,
it was taken by some person and hid under G
back platform in the alley. The money was
discovered there and watched by the police.
After dark man came to get the money, but
proved too fleet for the officer on watch, and
made his escape. The defendant was temper
arily under employ Of Mr.. Jacobs, and at
work about the stables at the time the money
was taken. but denied any knowledge of the
matter Upon the day subsequent to the at
tempted capture in TIE alley, Brock was
arrested upon the charge, and at the conclu-
sion of the examination yesterday was held
bonds fixed at $1,000.
MORE SIGNAL REPORTS. = Some time
since NJ. T. Brewer & Co., w. R.
Strong & Co., and other wholesale
fruit-dealers of this city, petitioned the
Chief Signal Officer, through Sergeant Bar
wick, for daily weather reports from as far
east as Omaha, upon the ground of their i'm
portanca in connection with the shipment of
California fruits to the Eastern market. An
answer was yesterday received from the
Chief Signal Officer by Sergeant Barwick,
informing the petitioners that on and after
the 18th instant noon reports of tempera-
ture, wind and weather would be sent from
Salt Lake, Cheyenne, Denver, North Platte,
Omaha and Yanktop.
AUCTION SALEs.-D. ]. Simmons & Co.
will sell next Friday forenoon, at the resi-.
dence, No. 1920 Eighth street, between L
and III, an elegant parlor set, marble-top
table, oil paintings and chromos, bodie
Brussels, tapestry and three-ply carpets,
marbls-top bedroom sets. with dressing cases,
spring and hair mattresses, dining and other
tables, walnut dining chairs, lounge bed in
rep stoves, croekery, glassware, etc. Sher-
burn & Smith will sell at Mrs. Kerney's, 2l2
K street, o-morrow, at 1870 A NJ, bed
room set, spring bed, carpets, crockery, pict-
ures, mating, stove furniture, etc. The
goods are offered at private sale until to-mor-
row morning.
No JURIsDIcTIoN.-The Supreme Court
has given its decision in the case of Williams
VS.. The Sacramento Board of Supervisors.
The point in dispute was as to the legality Of
an order of the Supervisors creating a swamp
land district, and the construction to be
placed on Section 3447 Of the Political Code,
declaring that the petition for the creation of
the district "must be published for four
weeks next preceding the hearing thereof"
There had been lapse in this case of more
than seven days Ia making out the publics-
ticnz, and the Court holds therefore that the
Supervisors did not acquire jurisdiction, and
hence tie district was not legally established.
Ducks RETURNED-The power of the
press is again exemplifed. Yesterday morn.
ing a local item in the RECORD UNION men,
toned that some one had stolen FIVE ducks
from the premises of Mrs. NJ. Boyle,
Twenty seventh and N streets, and closing
with the admonition John, you'd better
bring 'em back 4; Mclean p'licem'n catchee
you, sure" Yesterday afternoon the follow
ing communication was received from Mrs.
Boyle: Eds. RECORD UNION Though
your generous columns the loss Of my ducks
was made known, and they have beer
brought back aud left within one block Of
home" Comment is unnecessary.
THE FREE CoNcERT.-There can be nc
doubt now entertained of the popularity Of
the weekly free concerts on the plaza by the
First Artillery band like that of last night
The people enjoy them and manifest theil
pleasure by representative and large attend
ance on each occasion. The gentlemen who
have arranged for these concerts must find il
pleasurable satisfaction to note the success
OF the undertaking.