Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-10-19

the left side of the chest, near the median |
line, fracturing the first rib near its juno |
ton with the breast bone, and partially |
severing the subclavian vein, which caused |
a hemoIrhage. The bullet was found |
where it had dropped into the cavity. The |
wound, in his opinion, was necessarily IA |
tai. The post-mortem examination was |
held several hours after his death
Thomas McCantS was next called and |
all eyes We're turned upon the individual |
who responded to that name and advanced |
to the witness stand. He said he was a |
brick-layer by trade, and lived on Tenth |
street, between o and ?. Said he had
known deceased intimately since childhood, |
they having grown up together. The last
time he saw William Henry Harris alive
was about l o'clock A NJ. last SUNDAY, on
X street near Fifth. The fore part of the
night he had spent with Harris. When
passing the Pacific Hotel saloon a man
whom | think was named Lewis asked us
| in to take drink, and we all entered the
saloon for that purpose. Harris sat down
to look at game of cards that was in pro-
gress. | left and went up street to the
oyster house and took another drink with
man by the name of Sweeney, when
officer Brissell came in and arrested
me. Before the shot was fired l saw
Harris walking backwards, trying to de-
fend himself | did not see who fired
the shot. There was a large crowd present.
l should judge over twenty men, and it
was after midnight. Met Harris some
hours before that on / street. We shook
two fellows who wanted to keep along with
us; but one of them afterwards caught I'D
with us again. Harris was under the infu-
ence of liquor, but think he knew what he
was doing. Did not see any weapons in
his hand, and think | should if he had anv.
| don't know where the Senate saloon is.
Never spoke to Zeler that night, and went
out cf the saloon before he did
Cross-examination-M Harris on L |
street between Third and Fourth. We had
drink in the corner saloon. We did
not go into any houses kept by shame
! less women. | took several drinks before
| got to Fifth and X streets. Don't know
| that | can remember all that transpired, for
| drank great many times and was pretty
drunk. / don't know who it was that
drank with in the Pacific Saloon Think, |
however, 1t was a tall man with a dark
moustache. Don't think l would know |
him if | should see him again as / was
very full and paid but little atten- |
ton to him. paid but little attention to |
what was transporting around me.
Michael Mccarthy, a car-wheel molder, |
who works in the railroad shops, said he |
was attending little social party in the |
neighborhood that evening. He had been |
in the Jumbo Saloon, and on coming out |
saw the crowd in front of the Pacific Hotel |
building, and saw Harris and another man |
fighting; also, saw Harris chase a little dog |
around
DISCRIMINATION am positive that it |
| was Harris and another man fighting Dick |
Singleton and stopped the fight by sepa-
| rating the combatants. | had drank some |
beer during the evening but | was sober |
| Harris was standing at the outer edge of /
the sidewalk when the shot was fired
O. c. Jackson, Chief of Police, said he |
had known deceased for a great many |
years. Was present when the post mortem |
| examination was made, and had the bullet |
which produced death. 1t was taken from
the cavity of the chest Was present when |
! deceased made an anti-mortem statement |
| which | also have.
Witness handed the statement to the
| City Attorney, who broke the seal and read
the following:
have given up all hopes of living. know
have got to die, Fifteen or twenty were fighting
| together at Fifth and streets. got into the
fight the same as the rest. little Scotch terrier
| got hold of my pants. l ran around the gang,
| and as was at the edge of the sidewalks fellow
put the pistol to my breast and shot me. 1t was
| right up against me He was a big man. with
dark-gray suit of clothes, black mustache. did
| not attempt to pull pistol. / had no pistol
The dog looks like officer Hickey's dog or the
| Slaughter boys dog Johnnie Perry and Tom
McCants were there, also Jim Lewis. ! was
| drinking; so was the man who shot ME | think
| the man who pushed Me Giants through the door
is the man who shot me. did not strike the
man who shot me. The dog kept catching hold
| of my pants, and kept kicking the dog May
| be he shot me for kicking the dog. 1 was p
| years old last January. Last night / was shot
| between II and O'Clock. Don't bother me any
more. have got to die, and what does it mat
| ter to me.
Witnessed by Mrs. Katie Moron, John II.
| Harris, w. E. Hickey, o. C. jackson and Henry
| L. Buckley.
Mr.. johnson said he did not wish to
cross examine Mr.. Jackson, but would
make him witness for the defense. Wit
ness said he had resided continuously in
| Sacramento for twenty-three years and had
known deceased since the latters birth.
Mr.. Johnson-What do you know of the
character of the deceased?
The City Attorney-We object to the
question. Mr.. Harris is not here to defend
himself, and the matter of character should
not be admitted.
Mr. Johnson argued that he should be
permitted to show up the character of de-
ceased, and thereby prove that his client
had acted solely in self-defense He
claimed the right to compare the lives,
characters and associations of the two men,
and let the Court and people judge be-
tween the two, as to whom would be the
most likely to provoke a quarrel. 1t was
]
ed, should be considered.
After some argument between counsel, in
which the Court participated, Mr.. Jackson
| was allowed to leave the Witness-stand and
Mr. Johnson did not persist in pursuing
that line of question.
James Lewis, the next witness, said he
was a ar-builder, and resided on Q street,
between Ninth and Tenth. He had been
in company with McCants and Harris on
| IL IF ba Of ha "a; Il,
McCants and stranger went into the
saloon to get drink. | did not go in, but
proceeded up X street, and was at Seventh,
two blocks distant, when l heard the shot.
Saw no row; heard no difficulty. Harris
was somewhat under the influence of
liquor. Was on L street with Nc
Cants and Harris. Don't know wheth-
Witness said they were in saloons on L
street and all drinking Harris put up
once for the drinks. McCants did also, but
l did not. l drank five glasses of beer that
night
George T. Beeler, q 14-year-old lad, said
he was TO party near the Pacific Hotel on
the night of the shooting. Was on his way
home. When passing the saloon saw
| Harris come out with crowd, take off his
coat, and said he wanted to fight Harris
had his hands at his side. Saw the man
shoot him Harris was about fifteen feet
away from the man who fred the shot
| j. NJ. Sullivan, the officer who arrested
| Zeller, said the latter admitted that he had
fired the shot, saying that he did it in self
] defense Harris, he said, put his hand be-
! hind him, and said, a will fix YOU
Mr.. johnson said be intended to prove
by witnesses that his client had acted
purely in self-defense, and, therefore, was
justified. He would show that his client
was in q saloon engaged in a social game
of cards. That Harris and McCants came
in and engaged party at the bar, Mr..
Kane in CONDENSATION. They took drink.