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

Mr.. Murphy-Of personal violence, and to
yourself?
Mr.. Highton-Certainly.
The witness-I never heard MIR. Charles
De Young in person make any threats against
me, or any member of my family.
Odd you know him! Al had seen
him never had any personal acquaintance.
Q.-Prior to April 23d had any persons
stated to you that he had made threats OF
personal violence against you, or which neces-
sarily included you? Ayes, sir; many.
OIL understood you to say this morning
that after August, 1879, you carried pistol
Al did. Yes.
Q.-When did you begin TO carry pistol
| A.-As soon as my father was shot.
| Q Was there any particular reason Tor
your carrying a pistol? Any particular
reason was on my own account and my
| fathers; because / had an idea that the at
tack made upon my father would be followed
up by more if opportunity offered. carried
| it to protect myself.
Odd you ever make application to
carry pistol? Al did not. | did. l
will correct myself l did. but the clerk
said that | had no need of a permit, as was
an officer of the city government, being clerk
to the Mayor.
Odd you at any time in the fall of 1879
make any application to the Secretary of
War for an appointment as Chaplain in the
army?
Mr.. Murphy objected as irrelevant.
Mr.. Campbell-Suppose he didn't want to
live in San Francisco ; that wouldn't show
him insane.
The Court don't know but it weuld. 1t
will do 10 harm to answer.
DESIRE TO LEAVE THE CITY.
Witness-I did make an effort to leave the
city. 1 did not want to stay. had but one
object in coming here, and only few for stay
ing here. l applied for Chaplaiucy in the
| United States army.
Q.-You didn't get the appointment A
| had every prospect of getting it when l
withdrew the application.
Q-How did you come to withdraw the
application
The question was withdrawn.
Q.-When did you withdraw the appiica-
ton !? About January, 1880.
Q.-Now l renew the question. Why did
you withdraw the application? Al with
drew it, because after a very careful dellber-
alton / considered it my duty to remain with
my father. His enemies showed no DISPOSE
! ton to ''let up" on him, and l thought 1t
| would be undutiful to leave him, no matter
how much 1 might wish to go.
Q.-Had you at any time heard anything
about proposed publication? Al had
heard that Mr.. De Young was about to pub
lish pamphlet. This was before the 23d of
April. while Mr.. De Young was East. =
Odd you hear anything about its nature
and character? Ayes, sir.
| Odd you hear the subject to which the
proposed pamphlet was related? Ayes,
| sir.
Q-what was the subject to which it was
related?
MIR. Murphy-We object.
The Court-Proceed.
A.-Priucipally compilation of scandals
and rumors, and particularly republication
of troubles in Boston, which happened twenty
FIVE or thirty years ago.
! Odd you hear the testimony of j. l..
Murphy here on the subject of compromise
of difficulties between your father and your
self? A.-Yes, sir.
Q.-Prior to the afternoon of the sd of
April, 1880, did you know anything of that
meeting? Al did.
Q.-Had You anything to do with it +? A.
! No more than to urge my father to
accept any terms of compromise that might
be done with honor.
Q.-Fix some time when you gave that ad-
vice? Al think it was on the day before
my arrest-April 22d.
| O-Do you recollect where your father
was on the 23d day of April? A.-Only from
hearsay. He was at the Cliff House, think.
Q.-Were you at the Mayors office attend
ing to your official duties? Ayes. sir.
Q-Where was your pistol that day? A
If that is my pistol it was in my drawer at
that office.
Q.-What drawer do you mean? "A
drawer in the right hand, that l usually laid
it in.
Odd you see your father at any time
that day? A.-No, sir, not after the morning.
Odd you, during that day, receive any
pamphlet at the office of the Mayor. Al
did.
O.-How did it come? Att came by
Q.-How late? Att was after o'clock,
l think-about the time l went from the
Office to the end of the corridor to get the
mail for the Office.
Q.-What time did your office close, at
O'Clock? AT o'clock yes, sir.
Q.-How long did you remain in that Office
after that time? Al don't remember.
About an hour, I think. left at about 3
o'clock.
Q.-During the hour or SO did you exam
ine'and read this pamphlet? A.-To some
extent 1 did yes, sir.
Q.-I now place in your hand pamphlet
entitled "ODly True Report -
Mr.. Campbell-Oh, now we object.
Mr.. Highton-I am only reading the title
"0nly True Report of the Trial -
Mr.. Murphy say, we object to your
1eaQlnS gnaJ JlGo. -
The COURT don't think it will do any
harm.
The counsel then read the title of the
pamphlet.
Q.-Does that pamphlet resemble the one
you saw that day?
MIR. Campbell-Well, now you see the i'm
! propriety.
Witness-It is not this one, although
about the size.
| ~ yULn. booo,oa oF aha ,arn,bIst x,o,,
yourself received? Al burned it.
TIE PAMPHLET HE RECEIVED.
Q.-Are you able to state whether the
pamphlet you received was identical to the
date of this pamphlet
Objected to.
The Court will sustain the objection.
Mr.. Highton argued the point.
The Court-Ask him what the title-page
of the pamphlet was.
The question was asked in that form.
Witness-I can't tell. l think it was in
regard to the Boston trouble. l did not ex-
anime it much. / thought it was the result
of Mr. De Younss labors in the East.
Last sentence stricken out.
OWN you look sc this title-page and
state what resemblance, if any, there is be-
tween this and the one you received on the
2Sd day of April? Al should say that it
was substantially the same. There were no
pictures in that.
Q.-Do you recollect whether there was
any printers mark upon the copy which you
received! A.-Not that 1 remember.
Mr. Campbell here took the book and was
looking at it, when Mr.. Highton asked for it.
Mr.. Campbell was looking at the very
pretty picture upon the cover of it. (Smiles. J
Q-I will ask you to examine this pamph-
let and say if its substance is the same as that
received by you? Al should say that
: much of the matter in this was in that. I
did not examine it very carefully.
Q-From your examination of the inside
of the pamphlet which you received, what
was its subject NATTER
Mr.. Campbeil-There is no threat ex-
pressed in the pamphlet, and nothing that
would cause alarm or apprehension in the
mind of defendant.
The Court-This is very different ques-
ton from that involved in the newspaper
articles submitted. 1t goes to establish the
degree of the effect upon defendants mind.
You may proceed.
Witness-The pamphlet which I received
was an attack upon the character of my
father.
Odd it purport to contain the proceed
ings of any trial? Alt did. The pro-
ceedings in q trial in Boston some twenty-five
mr. thirty years apo for adulterv