Sacramento daily record-union., 1882-05-06

| slept In D room In the upper STORY Oh the
house. Hurtado and his wife slept in another
heard his footsteps walking most all night.
did not go in to see what was the matter.
heard him walking and crying. He came
home afterwards and sat down to the table
and spoke to me, and said g l have letter
it is from Spanish Jo." He said "Estu-
ardo told me he wants to marry you"
told Joe to tell Estuardo that he had better
marry one of his own kind. Joe and his
wife went out that night. saw them when
they got back. noticed thst he was excited.
The mex. morning after l found out the
truth. 1 slapped Susie in the face
and told her that she had dis
graced her hus band, her child and myself.
The next day Joe was continually going out
and coming in the house crying all the time,
at intervals of half an hour and an hour. He
did no. have any breakfast that morning
after the news. He went out before break
fast. We remained in the city eight or nine
days after this conversation. Joe was in
Sacramento city at this time. / saw him
daily. He looked down-hearted, crying con-
tinuslly. / thought he was not in his night
mind. He has one child 2 years and five
months old. He prior to that time looked
upon bis wife and child az though there was
nothing dearer to him. He had been work
ing on the steamboat. He had been also
running a boat from Washington 20 Davis
vile during the winter. When he was work.
ing on the boat up the river he would be abb
sent from the house a great many days at q
time. These were all the conversations
had with Hurtado. l saw Hurtado, after
we went away, st Mountain View, Santa
Clara county, where we were at my brothers
house in January last l don't know any
object for his coming unless to see his
wife. His manner was down. hearted. He had
never been there before. l noticed that he
was filled up with sorrow that as he knew
only me he could not communicate with
them as he wished. Right after supper we
asked him to go with Us to visit, but he did
not have courage or strength to go. He
asked where he should sleep. and he went to
bed. He was crying when he went to bed.
| The next day we asked him to go to the house
to get acquainted with my sister. He was
still downhearted, and while lunch was
prepared he at once jumped in a passing train
| and departed. He stated when he came that
he was going to remain two or three days
His sudden leaving was unexpected on our
part. He left his baggage at my brothers
house. My sister, Mrs. Hurtado, lived be.
fore her marriage at Mountain View, at the
house of my brother.
William Land, proprietor Western Hotel
Have known Hurtsdo ten years ; knew
when his wife went away /; saw Joe after and
about that time. He was at my hotel most
of the time. / did not notice anything par
ticular until about ten days before the killing.
He seemed down.hearted, and I said he
should be the happiest man in the world. as
he had nice wife and baby. He said if l
knew what his trouble was, would be sad,
too.
George Eisinmenger-Have known Joe
Hurtado since boybood am hotel runner
for the Western Hotel. Knew Estuardo.
Never had any conversation about Estuardo
except after the arrest of Hartado for the
shooting. The morning of the shooting l
asked Hurtado to take drink. We went
into the Court-house. After Court adjourned
came down stairs. and just then heard the
first shot fired. Did not know of any trouble
between Joe and Estuardo. Saw that Joe
was down.hesrted after q certain time he
would not have any foolishness with me, rs
was his usual custom.
Jerry Payne-Have known Hurtado about
year and half. Had conversation
| with him about two months before the homi-
eide it was the evening he sent his wife off,
He seemed to be down-hearted and grieved
and tears came to his eyes, He said he had
just broke up housekeeping. He did not
state the reason for his troubles. That was
| all l recollect of the conversation.
The next witness. William Wallace, testi.
u6u W tut CUbDRcu utIucAQOE OI ucI6QuduI.
IL. s. Beals said E.tuardo applied at his
photograph gallery for picture he had of
Mrs. Hurtado. He refused to give it to him.
Subsequently he returned and offered 81 for
it. Witness refused, and soon after met and
told Mrs. H. of the application, and she told
witness not to let him have the picture under
any circumstances.
w. B. Ferral testified to having talked with
Estuardo and Hurtado concerning the action
in the Police Court. The former refused to
compromise, and witness informed Hurtado
of that fact.
Counsel for defendant offered certain letters
in evidence, purporting to have been written
by defendants wife to Estuardo.
The Court directed that an interpreter
transcribe them.
Counsel for defendant called Mrs. Hur-
tsdo, wife of defendant, but she did not an
swer and q half hours recess was taken in
order to send for her and bring hel to the
Courtroom. She entered with her child in
her arms and her face heavily vailed, and
was sworn.
Witness said che was the wife ef defend
ant Prior to marriage she lived with her
sister, Mrs. Morales. Knew Estuardo, the
deceased.
Mr.. johnson here expressed the opinion
that witness should unvail her face.
She said she had 9 conversation in Novem-
Der last with defendant about deceased. ~
told him how -"
question.
Thanksgiving evening my husband came
home and said he had heard something about
Estuardo and myself. I asked him what it
was, and not to speak before my sister. He
asked me to come out for a walk, and when
we were out he asked me to confess"
Prosecution objected to declarations made.
The Court said the plea of insanity was
made, and under that the testimony was ad-
missible.
Prosecution objected that the statement
was privileged as between husband and wife,
and was manufactured testimony.
The Court permitted the testimony.
Prosecution urged the Court to compel wit
ness to remove her vail. as they had right
to observe her countenance as she testified.
The Court said it is true the witness should
be confronted with the jury, and true that
counsel should see the countenance of wit
ness, but it would make no order in the mat
ter under the peculiar circumstances. At
request of counsel for defense witness raised
her vail.
Witness continued" He asked me to con-
fess if I'd had anything to do with Estuardo,
aud said letters had passed between us. l
confessed to him that the man followed me
day and night to church, Oh the street and
everywhere. told my husband that drove
him off. 1 had to shield myself, but finally
told him that the man kept after me and
wrote love letters, and urged me to write back,
and kept after me till at last 1 had to admit
him." Her husband asked her if she had
been uniaithful to him; for long time she
denied it, but that THANKSGIVING night she
admitted it. She got on her knees before
her sister and asked him to forgive her. Her
husband was greatly affected and cried, and
one night cried all night AT first defendant
would not believe she had been unfsithful, and
so she wrote letters to convince him she
had confessed the truth, that he might
show them to Estuardo. She identified the
letters at this point She wanted Estuardo
to know that she had confessed all her guilt.
Before she confessed her husband promised
he'd forgive her. But he afterwards told her
he could not live with her longer, so she went
away to Santa Clara and was gone nearly
three months. Hurtado told hsr he should
ask Estuardo to leave the city. After the
confession and before she left home her hus-
band acted out of his mind. would cry and
IL IT,