Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-11-02
The pusoheli Forgery Case.

The examination of this case occupied
the entire of Saturday in the Police Court.
! A number of witnesses were examined
upon incidental facts and circumstances re-
lating 70 the alleged forgery of the cheek,
showing that on April "a, 1884, the Me-
chanies National Bank of Peoria, Illinois
drew a check for 500 in favor of Nicholas
Ulrich on the Merchants Exchange Bank
of New York The check was indorsed bv
Ulrich to Ellen Puschell, wife of August
Puschcll, at Virginia City, Nevada The
, testimony to this point was only circum-
stantial and from defendants own admis-
slons, as to the obtaining possession of the
check. August Puschell came to Sacra-
mento May 2, 1884, and secured the in
dorsement of c. a. york, the check at the
time bearing the signature of Ellen Pusch-
ell. The National Bank of d. O. Mills &
Co. accepted the check with these indorse-
ments and forwarded it to their correspond
ent, the American Exchange Bank of New
York, which in time collected the 500
from the Merchants Exchange Bank. and
on the 10th of May, 1884 August Puschell
received the money from the National Bank
of d. o. Mills IL Co., in this city. At this
point the prosecution placed Ellen Pusch-
ell upon the stand TO show that the sigma
ture was a forgery, Then arose an import
ant question IS to the right of the wife to
testify against her husband without his
consent. 1t seems that the Penal Code.
Section 1922, provides Except with the
consent of both, or in case of criminal
violence one upon the other, neither
husband nor wife is a competent witness
for or against the other in criminal action
or proceeding, to which one or both are par
ties" In the Code Of Civil Procedure. Sec
fipn 1871 II 10 1aolornI l,nE Al
witnesses I'D criminal action or proceed
ing, for crime committed one against the
other Under Section 1102 of the Penal
Code, the rules Of evidence in civil actions
are made applicable to criminal actions ex-
cept rs otherwise provided in that code.
The question was argued at length by CITY
Attorney w. A. Anderson for the admis-
sion of the testimony, as there is no other
way, IN this case, to establish the forgery,
and the crime is against her and therefore
comes within the exception named in the
codes. J. n Young argued against the tes-
tlmony, as interdicted by Section 1922 of the |
Penal Code. There are no decisions where
the direct issues raised in this case are pre-
Sented, but in the case of the People VS.. |
Langton ga Cal, 257) the Court has placed
construction upon the sections which |
would seem to exclude the testimony. The |
Court adjourned the case until Wednesday
next, to hear further arguments and ex-
anime authorities upon the question.
A SORE THRoAr.-Ye sterday morning
man who had been on spree for some
time attempted suicide at Dayisville by
cutting his throat with pocket knife. The |
injuries inflicted, though quite severe, were |
not dangerous, and after they bad been |
bound up he was placed on the passenger |
train from San Francisco when it came !
along, and shipped to Sacramento. Yester- |
day afternoon, quite late, man appeared |
at the statiOn-house suffering from a knife !
wound on each side of the ueck. The cuts |
were so tightly bandaged that he was suf- |
tering from the pressure, and the bandages |
were loosened. He told in straightfor- |
ward way that his name was Robert Gran |
ger, resident of Arbuckle that he came |
to Sacramento Saturday afternoon on the |
train, accompanied by a man whose name |
he did not know, but who also got on the |
cars at Arbuckle; that they were drunk |
when they came-he had himself been |
drinking for a weel-and they con- |
tlnued to drink after arriving here; that |
he had in his possession 1880 besides some
change. he then went on to say that his |
sister lives IN the extreme eastern portion
of the city, and he started late that night |
to 90 to her residence his drinking COM
panion accompanying him. The latter
suggested, when they got out near Twenty
eighth street, that they had better not 20 |
to the house they We're in search OF. as it |
was so late, but sleep in q barn near where |
they then were. Accordingly they went |
into the barn, spread the blankets the man |
had with him, and fell asleep. Before day
light Granger felt hand in his pocket, and |
found that il belonged to his companion, |
who had stolen his money. They had |
fight and the man cut him on both sides Of |
the throat, and then ran away with the |
funds. Granger says that he wandered |
about drinking until the afternoon, and |
then went to the station-house. The |
officers, after hearing of the Davisyille |
affair concluded that Granger was The man |
who attempted suicide there, and did not |
put much faith in his story of robbery and |
attempted murder They will investigate |
the matter, however.