Sacramento daily record-union., 1882-05-12

Z Ie5G apart AlJSI lSthslnS WAS eLOIi INAto4
/ put his hand and pistol behind his back, and
I then took It out again, and in that time wit
/ ness lodged behind post. After Lansing
/ was shot there were cries. Shoot him"
| Rs-direct-After Lansing was shot some OF
! the crowd wanted to take Graves pistol from
/ him as he followed up, TO shoot RateD with,
I and g raves wouldn't give it to them. Graves
did not take his pistol out He held it ia his
/ coa-, and his hand on it.
Recross examiuation-Did not mean, in
| the Police Court, that | ran right past MIR.
/ Lansing as he came out Of his gate.
To the COurt-Witness again explained the
/ diagram. the Court pointing out on the black
/ board with cane In this explanation he
said when he entered the alley he went down
/ into it g few feet, paused, saw MIR. Lansing
/ coming out of his gate. Witness then ad-
vapced to where Graves stood, about half
way from the corner to LansiDg's gate; then
the shot was fired, and at that time Graves
and witness were about as far from Lansing
/ as from the witness stand to the lobby en-
I trance to the Courtroom labout forty feet.
Right after Lansing was shot gentleman
1 near witness and Graves wanted to borrow
/ Graves pistol from him. twas after that that
some cns wanted to take it from him. At this
point three of the jurors then took hold of the
witness and had him again explain the dia-
gram and reform it with chalk on black
board. Witness did not materially change
| his statements. He described where Graves
was and where witness was when Lansing
came out of his gate /; how the latter sd
vsnced toward Raten, and how Graves and
witness advanced at about the same rate and
paused, aHd how the shot was fired, and that
| Graves and witness were then some forty
feet las marked out) from Lansing. Witness
described the pursuit Of Raten, and how
many men ran after him after the shooting.
THE WIDOW AND ORPHANS.
Mrs. Lansing and her four children at this
point came into the Courtroom and were
furnished seats.
William w. Howell sworn, and witness
and jurors Ames ana Churchman, after some
time, drew diagram on the blackboard of
the block K and l., Third and Fourth streets,
and part of the block next east. Witness
said he was o machinist On the day Of the
/ shooting he was in front of the International
Hotel. He was with Erickson and Living
ston. They were talking about some mines.
Livingston said, "Who will treat?' Erick-
| son said, 81" We then went to the corner
Of Fourth street, when shot was fred. |
| had not got quite to the corner saloon as l
was slightly bshiud the other two. Rsten
fred the shot. l did not know Livingston
had been shot then, as | ran with the crowd
after Ratsn. Witness hers became com
pletely reversed as to the points of the com
pass. and the Court had TO take him in hand
and instruct him concerning the same. Wit.
ness said finally that he and his companions
did go up K street from the international
toward the corner of Fourth and K, intend
ing &c cross X to saloon somewhere where
Erickson was taking them. just before the
three got to the entrance Of Leslie's
saloon, on the corner OF Fourth and X
streets, the shot wRs fred. Raten ran
around the corner, down Fourth street and
to the alley snd into it. Witness followed
and once was not fifteen feet behind him.
Lansing came ont of his gata about eighteen
yards back of Raten. Lansing came out into
the alley | was right behind him. |
thought at once if that man turns he will FIRE
on the first one he sees. Lansing was in his
shirt-sleeves. He came ont of his gate and
advanced diagonally into the alley, as if to
head off Raten. l was not over six yards
behind. Suddenly Raten fred and Lansing
c:i5d out, 'I am shot" After the shot q
large man came up and tried to draw pistol.
1 said, "If you are not going to use that
pistol give it to me; I'll stop that man
mighty quick just before Raten fired, and
as witness concluded some one would be shot
if Raten turned, witness tried to shield HIM
self behind post. Witness had admitted
tn at he had been drinking that day. He had
been sick, had lumhago. He had taken
about three drinks.
Cross .examination-As he walked up K
street Livingston and Erickson were ahead
of witness. Raten must have been in the
saloon on the cornsr: the shot camefrom that
way. Saw no scuffis on the walk. When
Raten shot Lansing he paused first two sec.
ords and took deliberate aim. The crowd
that pursued Raten shouted after him.
GEORGE A. DYER
Was next sworn. Am timer. saw Lam
sing shot. 1 was coming up Third street to
the International. At the corner of Third and
K I met Raten-saw he had a pair of black
eyes He passed me and went ahead. AS l
got into the door Of the hotel l heard a shot
and stepped out aud pursued Raten. / saw
the mark of the shot. 1t was at point about
half way between the hotel and the corner of
Fourth street. Il was only few seconds af-
ter lost sight Of R1tan. who was ahead Of
me some four feet, when [ heard the shot. |
had not got the hotel door yet closed. /
turned and saw the smoke ard Raten run
ming. | ran up to Fourth street aud followed
around to the alley-saw Lansing come out Of
his gate and try to stop Raten that is, he
ran toward him. was 60 or 20 feet away,
and no one between me and Lansing. Lam
sing was, | should say, or feet from Raten,
when the latter turned and shot Lansing. |
had then paused. When Lansing was shot
he had first turned slightly away from Raten
| and had his hands thrown up, as if to say,
Don't shoot;" but l heard no words from
where was. Lansing faced northerly when
he was shot. After he was shot he ran into
carriage way or jut, and then came out and
went to his own gate. Raten meanwhile
faced toward the crowd and held up his pis-
tol and patted himself on the stomach, as
much az to say, 81 am chief" He then
turned and walked toward Third street, and
in little while began TO trot or run.
Cross-examination- slackedupon K street
and let Raten go by as l saw his face heat
up, and be looked rough and was apparently
drunk and I didn't know what might happen.
and thought best TO let him go ahead, as |
was in no hurry. Never saw Raten before
that. When 1 saw the smoke of 8aten's
| pistol. on K street, saw several men there,
/ and Raten was running up X street. Saw
no one near r sten in the alley but Lansing.
| Didn't see Graves or GoIdstein. Oshers may
have been behind me, or by the side of me,
and I not know il. The crowd in the alley
was excited, aud cried Police" Stop
him." and the like. Didn't hear any one cry
out "Shoot him." Rsten kept turning and
looking back in the alley from the time he
left Fourth street till he shot Lansing. No
one seemed to be trying to stop Raten on
Fourth street. They all seemed to be run
ming away from him.
Redirect-R ateu's walk and his appearance
showed he had been drinking, I've seen
drunken men going about. He was not so
drunk but that he seemed to know the man
he wanted to shoot.
PETER LEONARD,
Aged IS, sworn. Heard the noise of crowd
in the alley. Was on l. street, st The corner
of Fourth. Ran up toward Third and saw
Brannigan arrest Ratsn on Third street,
nearly opposite Reddy's shoemaker shop.
Witness found in the street Raten's pistol.
1t was cooked. Tried to uncock 1t and
couldn't Gave the pistol in that condition
to Chief Ks1cher. The pistol lay IN the
gutter when witness found it, and it had
mud on it. ice Salter, another boy, saw
Witness pick the pistol up. Was about hVe
minutes trying to put down the hammer OF
the pistol. Don't know much about measur-
ing time bY memory. 0aly tried to uucock
it once. Carried the pisto! till met Chief
Karcher and gave it to him st the corner Of
the alley. Gave it to him because he il
Chief of Police. Before I found the pistol
had heard thef2 hed been shooting scrape,
aud that it was that Jne defendant was
arrested for.
RICHARD LESLIE
S@orn, Keep the saloon ooFner Fourth and
K streets. Heard the shot on K street
, April lOth. w as sitting IN the Saloon anu
heard the shot. Got up and went to tie
door. Raten had turned the corner and wai
going along Fourth s5Ieel tlward the alley
, Witness went after him 60 intercept lin il
his fight, and, when fifteen feet away, Rater
turned and drew q pistol on him. Witness
ratreated to one side Raten stopped fully
eighty feet from the corner, and witness wal
, advancing on him When Raten raised his pis
tol toward witness. Chen yitns5s retreatsd
and the prisoner looked at his pistol. turned
and ran to the alley. No one was between
witness and prisoner. Witness was the heaC
man, The pursuit was on the sidewalk, no
in the street.
Al 10.0a the nnnn recens Of IN honr and ter