Sacramento daily record-union., 1882-05-08

please but for Gods sake forgive me for the
sake OF my Children told him that he did
not think OF that when he ruined me and
wanted to run away with my wife and leave
his children on the city. 1 told him from
that time never to meet my wife, nor speak
to either nee or her. He said the letters were
in the bureau drawer, and that if had looked
for them could have found them. After
that when he met me he always tried to make
friends with nae, and threw himself often in
my way but did not wish to have anything
to Go with him. I had at that time cent my
family away: lived at the Western Hotel
while my wife was gone. When | found she
was coming back engaged a room from Mrs.
! Kennedy on X street; this was three or four
days before she came. When she came up
we moved over there to Mrs. Kennedy's. /
don't know the day Of the week. About the
Bank Exchange difficulty l have to say:
had Just been cut to a wine and fsh
party. [ met Estusrdo, and also saw
my wife, and tried to detect something,
but am .tis6ed that there was nothing
wrong with her. | met Estuardo at the
! Bank Exchange, and he said, Hello, Joe /
hear your wife is home" I told him. "D-n
you, have not told you TO let my wife alone
and not fpsak Of herr / then went to the
Western Hotel, got my pistol, came back
and fourd Estuardo reading the paper
hit him and told him that he knew what that
!
no, bat would beat him. l was then ar
rested for battery, got bail and was released
Minnie Ricardo told me on the Sunday night |
at er, that had better look out for myself, !
q, Estuardo had threatened me. / said |
| all right On Monday morning went to
the station house, and %as standing at the /
! corner OF Front ahd ! streets, when Amado /
! Coryiosa came up and told me to look out, as
Estuardo was going to hx me- then went
| to the Police Court, and not seeing Mr.. !
Anderson, City Attorney-he being absent |
! concluded not to plead guilty until / saw
him. The case was continued until Thurs !
day following. Al this Estuardo wanted TO |
| put higher charge against me. J borrowed !
a bali dollar and asked the boys to drink. (
/ My intention was to talk to him and get him .
/ to get the case dismissed but as coon as \
/ got out and saw him it was my Fl 81 intention
not to hurt him, and that when ] saw him .
/ everything came up before me like dream, |
/ and could not help shooting him nothing |
could stop me had no control Of myself. l /
was informed that there might be danger, so
I | took my pistol with me.
! Gross examination-I met Elias Ste;nman
/ in San Jose at the Aukeiias House. l was at
Mountain View only once. I introduced
! Steinman to two young ladies at San jose. I
don't have to go through Mountain View to
! go to San Jose. l telegraphed my wife to
come to San Jose. My wife came on Sun
day to San Jose. l kaow J. H. Miller, city
editor Of the REcoRD-UYIoN. Remember
his having a talk with me. | did not send
for him until after conversation with Chief /
K1rcher know John McFetrish ; made q
statement to him. l remember when
the case was called in the Police Court,
and that l asked for a continuance
on account cf the Absence of Charles Jones.
| knew all that was going on all this time. 4
References was made to the statement of
Hurtado to Mr.. Miller, heretofore published.
Reference was also made to the statement of
McFetiisb. also published. Defendant ad.
mittsd making the statements, but did not
recollect what was said. l did q good amount
OF talking.
Witness was asked whether he hsd . diff
Guilty with John Green.
Objection by defendants counsel sustained,
Question-Did you take Estuardo to Mrs.
Kennedy's and tell her that ne was proper
person TO let have a room, and ask her to let
him have a room
Answer hops God Almighty may never
let me get one iuch from the prison or from
the gslows and strike me dead il that is
true
l know Katie kehoe, kste Thompson.
Nellie Hackett, Topsy and Frone Fisher. /
don't know tina. they sre prostitutes. Their
general reputation il that tf prostitutes. | (
never took any of these women to the Missis-
sippi Restaurant for meals after my wife
went away, or a. all. THE Court sustained
the objection to any further testimony con-
cerning tkis branch OF the case.l ] cannot
say whether I carried that pistol all the time
after bea. Es.uardo at the Bank Exchange
1 was mixed up considerably, and dent re-
member all that did.
REBUTTAL FOB PROSECUTION.
Matt. Kascher resalled- Hurtado, while in
my custody, was, when l first took him in
.ESo Il. l.
cool and collected. Hurtado requested the
reporters to come in. Am quite sure of that,
Rs went in and asked Hurtado if he wanted
to see the reporters. l did not advise him to
have any conversation with the reporters. 1t
was perhaps an hour after the arrest before
had a:.y communication with Hurtado. l
don't think l asked him what cause he had
for killing Estaario at that time.
J. H. Miller (Mr. Miller's statement was
in regard to the published statement In the
RECORD UNION made by Hurtado to HIM
Hurtaio was cool sud collected and his man.
ner was straightforward and his statement
deliberately made. He acted naturally.
His statement to me was voluntary. l asked
bim q few questions about his age and
family. He knew my business, and that the
statement would be Published in the REC
Ord UNION.
Cross-examination-I told him that the
statement was for publication. was in i'm
pressed with the truth of the statement from
his manner.
J. McFetrish, of the Daily Bee, made
similar statement.
r. w. Dunlevy-Am q policeman in
charge of the City Prison at date of killing
of Estuardo. Hurtado was somewhat excited
the same as lie had bsen on some other occa-
sions when fighting.
Cross s-examination-He did not for several
days seem to realize the enormity Of his
crime.
Mrs. Kennedy was called, and not answer
ing, an attachment was issued for her. Upon
the officer returning, it appeared that the
witness was too i'll 10 come into Court.
Court ruled thst the case would have to be
cln ed without the witness testimony.
The case was here closed.
Defendants counsel asked that the case go
over until Monday. as he was unable to argue
the c.se on either Instructions at this time.
District Attorney Fl. l.. Buckley made the
opening argument, reviewing the testimony
and the law of the case. G. L. Jones fol-
lowed and spoke for two hours and half.
Grove l.. job nson made the closing argument,
and the jury were instructed by the Court.
The charge of the Court was the same
usually given in cases of this kind, except
that portion relating to seduction and adult
cry. That portion of the charge is given in
full, as follows
wife by the deceased, nor an adulterous in-
tercourse between her and the deceased, will
constitute an excuse or justification for his
killing. The law provides the means and
prescribes the mode of punishment of all who
transgress, but never permits an aggrieved
party to take the law into his own hands and
avenge his real or supposed wrengs. The
Courts are open and free to all, and will when
appealed to redress all wrongs; and it is the
right and the duty of all persons suffering
wrong at the hands Of others to appeal to the
tribunals of Justice for their own redress or
the punishment Of wrongdoers. Ii a man is
suddenly informed of probable act of adult
cry between his wife and another man, or dis
covers the adulterers in the act or in situa-
tien to cause a reasonable mau to believe they
had committed adultery, and in the haste and
excitement of hot anger or indignation Stays
the destroyer of his home, the law, in its ten
derness for the weakness and passions of men,
will mitigate his offense and punish him for
manslaughter only; but if he has time for re-
Election, and, after deioerating upon his
wrong, determines to take revenge, and in
pursuance of deliberate and premeditated
intent kills the seducer, be is guilty Of MUIR
der in the first degree, and the adultery is no
excuse or justification, any more than would
be any other real or supposed wrong consti-
tuting the basis of feelings Of hatred and
revenge. Whether or not there was reason
able time for reflection, is question Of fact for
the jury to determine from the evidence and
circumstances of each particular case. The
law requires all men to subjue their passions
and to overcome and suppress all impulses to
avenge real or supposed wrongs, and allows
such time for the blood to cool as would en-
able reasonable and ordinary man to reflect
aud consider and take sober second
thought and if man after due time for re-