Sacramento daily record-union., 1882-05-05
TRIAL OF EURTADo PoR MURDER
THIRD DAY.


The trial of Joseph Hurtado for the mur'
der OF Estuardo on the 9Th of February, Of
the southeast corner Of Front aRd I streets,
in this city, was resumed at 10 A M. yester'
day. TIE Courtroom was crowded with
spectators. Counsel Buckley, Anderson and
Johnson, for the prosecution, and Jones, for
defendant, were promptly in their seats.
Jury called in the box.
Joseph Levia was called by the prosecution
to establish the identity Of the deceased as
that OF Jose Antonio Estuardo. Here the
prosecution rested.
Counsel for defendant then in an elaborate
opening abatement TO the jury foreshsdo"e Ell
the defense 10 be justification ot the act, oy
reason OF adulterous intercourse between the
deceased aud defendants wife. and great
mental excitement caused by the act, wnich
tended to insanity on the part Of detendaat
The defense then called Josephine Cienfus-
gos Her testimony went to the question OF
statements made by defendant to witness con-
corning the inhdelity OF dsfendsnt's wife last
December. The question then before the
Court was. " Is evidence OF the adultery OF
the wife Of defendant on trial with deceased
admissible before the jury?'
Mr.. Johuson opened the argument against
the admission, and showed that under no sec
siou Of our Codes could this be admitted.
Mr. Jones replied by referring to the com
monty accepted rulings in our ni-i prlns
Courts admitting this line Of testimony. lie
referred 70 the cases of Sickles, McFarland,
AGuybridge, Schroeder, Mclaughlin. Court
right and Others. where this rule WAS
adopted.
Mr.. j 1hnson summed up the whole ques-
tioo, and in most mastery and eloquent
argument called upon the Court 70 disregard
these pernicioug rulings, and be governed by
ths Codes Of this State. The argument was
one of Mr.. Johuson's ablest aud best, both IN
a legal as well as eloquent stand point. The
law was presented ia most clear and con.
Yiucing manner. In his closing appeal
be called upon the God Of Justice, which
he saw lowering around the Judge, to aid 10
the departure, il departure it il. to break
down these former mOckeries OF justice, In
shielding murderers from the result OF their
crimes
The Court summed up the questions in.
volved, and said thst he was not aware that
this question had ever been passed upon
by any Supreme Court, although many nisi
prius Judges have allowed this line OF ex-
animation. Tue Court said that the Code
Of this State YVES his guide, and he must
base hIs dscisi1n of the question upon the
Code itself be would not regard any Other
decision Of any other Court except so far ~
in accord with his own views. The evidence
is not admissible for the justification OF
the crime. Il is not fCund enumerated among
the excuses for crime, and therefore could not
reduce the crime from greater to less de-
gree. This testimony does not excuse or
mitigate. The law does not permit this ex-
cuse. Does the seduction of mans wife
authorize him TO go and kill the seducer? No
such law appears upon our books, ard Is a
wild semi. 5arbarous notion Of right. II man
came home and found q man in his house
ia the act of sdulterous intercourse with his
wife, he might, in a sudden impulse, wreak
vengeance upon him /; still, it would not be
justified, but would be manslaughter. The
Court gave a lengthy and clear opinion upon
the questions involved, and sustained the OBJ
iscsion and excluded the testimony.
Mrs CienfGe os testified that she had talked
with Estusrdo abeus his intimacy with MIS-
Hurtado, and advised him for the sake of his
children TO behave himself and have nothing
to do with Hurtsdo's wife, telling him that
10 good couid result from their apparent in
timacy. "Estusrdo was very indignant at me
for my advice, and stated that they loved
each other, and he wished other folks
to mind their own business. | told
Hurtado Of what l had seer. Hurtado's
wife went to Estusrdo's room almost every
day. When Hurtado began to realize the
truth of his wife's intidslity he became a
chan ged mas. | never witnessed any act of
adultery between the deceased and Mrs
Hurtado" Mrs Cienfueeos on cross-examin-
alton by Mr.. Johnson, stated that she was
not q married woman. but lived with Barron
as man and wife. 81 occupied rooms Ncs l
and in the St. George bulldog for quite q
long time. have lived with Mr.. Barron for
nineteen years So man and WIFE,"
Guadalupe A. Mauretich was sworn, and
testified for the defense. l am the widow of
Antoine Nauretich. live in the st. George
building l am acquainted with the defend
ant. joseph Hurtado. Have known him for
nine sr ten years. / also knew the deceased
some three years. In December last Hur-
tado came to me and stated that he was in
great trouble, and that his domestic happi-
ness was all broken up. That he would be
to send his folks from the city.
He showed me some letters, one OF which |
read. The Others, he said, he would be
ashamed to let me read them. He was ex-
cited. He said hs would send his wife to her
d Die, He told me that his wife mad confessed
all. be then went to Estuardo, and ne &C.
knowledetd that the accusations we're true.
Neither Mrs Hurtado nor Es.uaTGo denied
their gull. Jse told me that whsr he first
accused Estuardo Of improper intimacy with
Mrs. HurtadO, Estuardo said ''Joe have
been an untrue friend, and ruiaed your home.
I am the meat, and you thekni;e DO with me
ss YOU like" The night that | speak If
joe coming to my rooms, at the s..
G. orge Luilding. he staid FROM ea,ly in the
evening uutil about o'clock. He very
much excited cried, and st emed to be con-
sidsrably agitsted. He woula keep saying
81 treated my wife well, and took Estuardo
into my home, aud he has proved lis de
stroyer." Joe called several times afterwards,
and his conduct was about the same each
time. | visited Mrs. HuftadO twice in my
lie. Joe ard his wife often called at our
house. Joe always seemed to be attentive and
sffectionate to his wife and child. Joss wife
called at our house almost every day. At
this point Mrs. Mauretich tainted and created
quite a sensation in Court.
Mrs. K. McMartin testified In December
last was living ia the st. George building
with Mrs. Msuretich. l there became &C.
arainted with Joe Hurtadn, in December
last Hurtado came to Mrs Mauretich's
rooms one evening in Decsmber in very
great state ef excitement. He seemed TO be
in some great trouble. l could not under
stand anything they said, from the fact that
they spoke ia the Spanish language. l could
understand enough of their words and actions
that the trouble was about his wife.
Court adjourned at 5:15 P. NJ TO meet at
8 A. NJ. to day.
PENRYN AID VICINITY.
A few days spent in this locality proves it