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

ing up X street on that side and toward
Fourth. lie had patch over his eye, and
that attracted my attention. He came up
half way to the corner, stopped turned back
toward the International Hotel and then
turned ard fred at Erickson and Livingston,
who were ahead of him. Erickson ran
across K street northerly, and Raten ran up
K street after him. He had his pistol in his
haad. At the corner Of Fourth street he
went toward the alley. He pursued Erick
son some twenty-five steps. He drew the
pistol on witness at Fourth and X streets.
When Raten fred at Erickson the latter was
doing nothing.
Cross-exsmination- and Raten
were standing still near the hotel when Raten
fired. Witness was examined closely as to
his feeling in the case, and his beirg in the
crowd in front of the city Jail the night the
militia was called out. He saw no scuffi or
disturbance IN the street at the time RAten
shot at Erickson. Witness did not pursue
Raten. Several people pursued him they
made considerable noise, shouting, etc.
MATT. EARCHER,
Chief of the Police, sworn. Heard of the
shooting April 10th. Drove from the police
station to Third street. between X and l., and
found Rsten in the custody of two persons.
On Third, between X and L streets, Peter
Leonard handed him pistol [pistol identi-
boy called mis- attention to that fact. He
| tried to urcock it, but couldn't. Two shots
! had been fired from the pistol 0ne cartridge
had exploded, the next the pistol had skipped,
and then the next was exploded. Three un-
[ discharged cartridges were found in the
/ cylinder. Took charge of Raten on Third
street, and got him into a hack by the aid of
| others. Raten was ferocious and fought the
witness and his assistants. He cursed the
officers, and had to be held down, aud that
was done with ifficulty and by holding him
on the floor Of the hack by the throat He
| appeared to be somewhat under the Influence
Of liquor when arrested. After getting de-
| fendant to the station house, he talked with
/ witness and others, ard his statement, in
/ part was reduced to writing. He made the
/ statement voluntarily, and no threats or
| promises were held out. Prior TO that he
made statement to witness, and that is why
| he says why part was taken in writing. All
that he stated, when the statement was re-
/ duced to writing, was taken down.
| Recital Of witness as 20 what was stated to
witness, objected to as irrelevant and incom-
petent. Overruled.
Witness resumed-Raten denied having
shot Lansing. As an excuse for the trouble
he was in, he said he had tried to get war
want for some man snd that it had been re-
| fused him.
Defendant moved to strike out the testi-
mony as TO the statement. Denied.
/ Cross-examinstion-R Raten had bsen to wit
ness for warrant on Sunday. tie day before
the shooting of Lansing. He wss not the
/ officer to issue warrants, and told Rateu so.
/ Sometimes officers are scot out without war
rants when there are evidences Of a bloody
| affray and indications pointing to the neces.
/ sity for an immediate arrest. Rsten had his
| eyes blacksd, but was not in condition to
call for action BY the police without war.
/ rant. Monday Raten was at the station
! house also. He was angry that he could not
get warrant and charged around about it.
! He thought it strar ge couldn't get
warrant when he wanted it. Don't know of
| any coat being taken into the prison for de-
| fendRnt. Defendant, in the hack, did ask
what they were doing with him. and why he
was taken. While in the hack defendant
/ seized witness in delicate part severely and
would not let 90 until witness choked him.
/ There was a big crowd about Raten when
witness and his assistants took prisoner and
/ put him in the hack. Have seen crowds
nearly as large when an ordinary fight took
| place.
OFFICER o. G. JACKSON
| Sworn. Saw Raten the evening of the muir
der be was in prison. He made a state
ment to witness April 11th. Il was reduced
to writing. Several were present. He made
the statement voluntarily. Witness took it
! down word for word in his presence and read
it over to defendant and he approved it. He
was composed st the time, sober and of per-
fectly sane mind. Neither threat nor prom.
iss was held out to him concerning the state
ment. He was asked to sign it, but said he
could not write. He made his mark, and it
was then witnessed. While the statement
was being taken questions were asked the de-
feudant, but they were not put in ii. This
is the statement (identifying). All the sub
stance is there. 1t was read over to him. l
took all the time necessary and put down
everything he wanted. 1t was written in
narrative form, and condensed. The state
ment in writing was here offered.
Defense objected ss irrelevant and imma.
terial. Oyerruled.
THE STATEMENT
Was then read In it Raten says he was
walking on K street, when he saw two men,
and one of the men drew pistol and shot at
him. He ran to a small street, and the man
followed and shot at him again. He (Raten)
then ran to l. street, and policeman knocked
him down and took three $50 pieces from
him, and they took him to prison. He said
he had no pistol. That the man who SHOT at
him was the man he had difficulty with on
Sunday. He thought his name was Harri-
son (Erickson). He had no pistol. IT he
had, why did not the public find it on him.
If he had had pistol he would have fought
He was not drunk. He had drank some
beer. He never drinks liquor. He was born
in Irkutsk, Siberia, and is A years old. His
father and mother are dead.
P. BRANNIGAE
Sworn. He described the arrest Of Raten on
l. street, in which the witness took a part.
Raten fell near the corner of Third and l.
streets, and witness fell also. Then when
they got up he pursued defendant up L street.
where he caught hold of him and knocked
him down. man named Stevens had hold
of defendant on L street when witness got
to him. Raten fell as he got out of the alley
on to the sidewalk on Third street. Thought
defendant lost his pistol when he fell.
Cross-examination-Fr the time Raten
came out of the alley till he got to L street,
witness had his eyes on him, and he saw no
pistol in his hand, and witness did not see
him throw away pistol. He might have
thrown ore away.
Redirect examination-Before witness fell
some man told him to look out, that the de-
fendant had pistol, and two men separately
| held him or pulled him back from the pur-
suit, and told him to look out for himself.
| He replied, Let me CO. | know what l
am doing"
NJ. M'ELANEY
| Sworn. Knew James Lansing. Remember
| his death. That day witness was at work at
his forge in the blacksmith shop, southwest
corner of the alley and Fourth street. He
heard noise. Saw defendant with long
coat on and his hand by his side, on Fourth
street. He had screen over his eyes. The
crowd cried, stop him." l looked at him
| and he looked at me. as much as to say mind
| your own business" and | did. Defendant
went into the alley. Saw Lansing then come
out of his gate. Saw Ra.en shoot him. Ian
sing put his hand on his side and retreated.
Raten faced the crowd with the pistol in his
| hand, end the crowd ran back to Fourth
street. Then Raten turned and walked up
| to Third street. and presently went faster.
Raten looked as if he was excited.
| The shirt and vest of deceased, worn by
| him when he was SHOT, the pistol found by
Leonard, and the bulie. taken from the body
of Lansing, were here offered in evidence.
ANDREW ERICKSON
| Swoin: Am a machini5t. Know Simon
! Rsten. Knew hiLi some four or five months
| before Lansing VAS shot. That day on K
street, near the International Hotel, Raten
| drew pistol, leyeled it at me and fired. l
| jumped aud ran over X street and up Fourth
street. was in company with Livingston
and Howell. We three were walking on the
south side of X street and going south. We
were nearly opposite the main entrance Of
the hotel, and facing Fourth street, when
Raten fred. did not see MIN till he drew
to fire. None of Us saw him, think. / did
not uutil he drew and fred.
Cross. examination-I worked at the rail-
road shops. l have been discharged. Sup
pose because of this trouble. | used to see
Raten in the copper shops and sometimes
outside. Never called Raten a Chinaman
before the shooting. Have since said
he looks like one Sunday before the shoot.
ing he came TO the Helvetis Hotel
and wanted me to go walking with him. 1t
was raining and l refused. Then he called