Sacramento daily record-union., 1882-05-11


I that statement was given with the under
standing that he would attend the trial OF
the case before this Court. In counsePs
opinion Graves only object in leaving the
State at this time is to escape being witness
in this case.
THE DEFENSE.
Counsel for defendant then submitted an
| affidavit made by Raten setting forth that he
had caused Graves to be served with subpe-
ma that Graves had failed to respond and ap-
pear that Graves has, rs defendant is in
formed and believes, left the State to avoid
testifying ia the case that affiant expects to
prove by said witness Graves, that it was a
shot accidentally discharged from the pistol
OF said Graves that killed James Lansing,
( for whose death the athant is ON trial for the
crime of murder that affiant has fully in.
/ formed Elwood Bruusr, his counsel, of all the
| facts within atlantis knowledge, and his said
counsel informs him that he has q good de-
fense to said action. Afiant believes that he
cannot safely proceed to trial without the
| testimony IF said Graves. Wherefore affisnt
prays that the trial Of said cause be contin-
uea until the testimony of said Graves can
( be procured"
! MIR. Jones stated that he had Just received
a telegram from the Sheriff of San Joaquin
county, which stated that Mr.. Graves would
be in the city to-day or tomorrow, and that
there would bs no difficulty in securing his
attendance before the trial was brought to a
close.
The Court denied the application for con.
! tinuance, but instructed and authorized conn
sci on both sides TO use every means in their
power, regardless of expense, to secure the
attendance Of the defaulting witness, Graves.
THE JURY.
The work of securing jury was then en-
/ ,Nh ii Nha Sb1I
| developed. except that each Juror was asked
what secret societies he belonged to, and
whether he was q member of any association
of which Mr.. Lansing was also a member,
and whether the juror had taken part in the
passage of resolutions of respect for Lansing.
These citizens were challenged and excused !:
! B. f. Alexander, Peter Newman. b. a.
Farr, Isaac Lea, G. NJ. Ackerman, Charles
| Swartz, NJ. Rigney, P. A. Miller, Peter Fla
herty, T. P. Smith, John Sexton, Milton
| Twiggs, G. NJ. Harney, j. Beauchamp.
Daniel Meagher. Joseph Bailey. George W.
Young, f. S. George, William Boyne, VIM.
Avery, E. Z. Custer, Stephen Beck, r. A.
| Fisk, d. Gardner, William Rippon, NJ.
Dwyer, +. W. Schwamb.
These jurors were accepted to try the case {:
| L. Z. Ames G. n. Smell, William Curtis
| G.. G. ChQrchman, Milton Sherwood, VIM.
| Shattuck, G. D. Almond, Samuel Jelly, j.
! II. Darlington, Albert Grubbs, W. J. Rem
| fro. John Real
Messrs. Real, Renfro and Darlington were
also Jurors in the Hurtado case.
The jurors were charged by the Court
10 express no opinions, refrain from discus.
sion, and keep themselves aloof from all dis
cussion, remark or information concerning
the case during the trial, except such as
comes to the jury from the Court, counsel or
witness stand. The Court then took recess
for ten minutes.
WHAT HE LOOKS LIKE.
! Rateu, the defendant, as he sits beside his
| counsel, may be thus sketched: He is of
medium hight, standing about five feet eight
| inches. He will weigh about 140 pounds
His body is too long for his legs. His head
is round, with low forehead, and is covered
by coarse, short, black hair, combed forward
and without any parting. The back of the
head and the neck form nearly a straight
| line. The low, wrinkled forehead rises almost
straight above heavy brows clothed with
black eyebrows. that very nearly meet above
gunken nose, that at the point of the bridge
rises but little above the level of the cheek
bones. The eyes are dark brown, very deep
set, and shadowed heavily by the overhang-
ing brows. The face is of the Malay type,
rather short, very broad at the cheekbones
and narrow at the chin, with sunken cheeks,
the end, and with large nostrils The ears
are small and set high up on the head.
The lips are thick and pTotrude above and be.
low large mouth, the ends of which droop
The neck is not short but is very thick. The
complexion is that sickly apology between
the olive of the tropics and the pallid cast of
extreme northern climes. A brisHing mus
tache adds to the prominence of the features
of Raten's countenance. The prisoner would
4 g Ill L. e
1 nese, or fill the bill for Malay. The coun-
tenancs is inexpensive, stolid, slightly down
! cast, and not manifesting any particular care
/ or emotion. While the testimony was being
given yesterday Raten was perfectly uncon-
4 cerned, and occupied himself with smilingly
4 instructing Deputy Sheriff how to cut fancy
figures from folded paper with pair of scis.
sors, or else amused himself with watching
the motions of the reporters hand as he took
1 these notes.
/ THE TESTIMONY.
At 500 P. NJ. the Court reassem5led, the
| presentment was read to the jury, the wit
| nesses called and placed under the rule not
to converse about the trial. City Attorney
Anderson made the opening statement TO the
| jury. The prosecution expected to show that
| April 9sh Raten became involved with a
fellow workman and fight resulted. That
he brooded over the matter, and resolved to
kill his foe, and on Monday started
out in search of his victim, and
found him late in the day near the
international Hotel. He at once drew his
pistol and fired, but his enemy lodged and
the ball struck a young man named Living
ston in the right hand. That Raten turned
and fed toward Fourth street, and when
Richard Leslie tried to intercept him he
threatened him and 30 escaped. Defendant
then ran along Fourth street to the alley,
between X and L, and down that toward
Third street. That Lansing came out of his
gate on to the alley and called on Raten to
stop, when the prisoner turned, fred at and
shot Lansing, and then threw his pistol over
a fence into lot That Lansing subse.
! uuently died Of bis wound. That the shoot.
: ing was murder, and that defendant is guilty
! of murder, would be the claim of the prosecu
ton.
j. W. WILSON,
Supervisor of Sacramento county aRd livery
stable keeper, was first sworn: Knew de-
ceased. The day James Lansing was shot
about 4:30 P. NJ, witness saw four or iye mer
in a scuffis in front of the international Ho
tel, Ratsn was one OF them. He jumped tc
the outer edge of the sidewalk and fred
One Of the men broke and ran, and Rater
after him, toward Fourth street. The pur
sued ran across K street, toward Hammer;
drug store northerly, but defendant turned
and went down Fourth street, southerly, tc
the alley. Witness pursued. Defendant ran
into the alley and past the property of Ian
sing. Lansing came out OF his gate. De
fendant had then passed the gate. As Ian
sing came out defendant stopped. Lansing
went toward him, when defendant fired al
him, and Lansing returned into his own lei
again. Raten ran on to Third street, west
srly, thence southerly to l. street, and thence
off up toward Fourth street again. Saw nc
pistol in the scutis on K street, but distinctly
saw defendant step out and shoot. The pur
} sued man was too far up X street for defend
ant to catch him when he reached the corner
of Fourth aud K. When Raten fired at Ian
sing the latter was the nearest man to Raten
When Rsten fred he had stopped, and al
Lansing came up, drew up his pistol very
quick and shot. After shooting he did no
run away Immediately. Lansing, when shot
put his hands on his stomach, and, turning
, walked into his lot. When Lansing was sho
witness was 70 or 80 feet distant. There wa
much noise and outcry. Lansing made nj
demonstrations toward defendant. In th'
scuffis on K street it was something like mel
! colliding in the street, and one jumping OIL
one side.
. Cross examination-Think defendant cam
| from Third street way. Think there wer
, one or two with him. Defendant had tn
only pistol witness saw. A crowd ran ate
! defendant on K street and was shouting
! "Polics :" There was good deal of excite
ment. Think there were cries of "Shoo
him !" Can't say il they cried out " Han
him !" Saw no one fall down in the alley
| Was some co to 70 feet from Lanaing whel
, Raten shot him. Think some others wer
nearer, in front. Witness kept his eye OF
defendant. Saw no pistol thrown away
/ Lansing walked toward Raten very uncon
e cernedly.
D Re.dirscs-The exclamation Hang him
was not till after Lansing was shot, but tn
e other cries were before.
/ DIR. G. L. SIMMONS