Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-07-18

in the evening when | went to Consi-
dimes saloon. Incyer was in saloon in
my life. 1t was a room in the rear. | went
! there agreeable to appointment, to get
money that was due me for medicine given
/ to a friend of Green's, for which the latter
had become responsible. did not drink
ANYTHING. He came in after had waited
{ some time, and brought me a lemonade.
tasted it, saw that there was no liquor in it,
and then gave it TO my baby.
! Mr.. Anderson-Did you not tell me in
I the presence of officer Kent that you over
/ heard the following conversation Just be
fore this unfortunate occurrence: HOtz-
! What are you doing here? Green-That's
none of your G. d business. Hotz-
l have got you now Then you heard
! the shot and the words '-Oh Oh Oh !"
Then Won ran out and said, John. are
you shot" and Hotz replied, No, lut I
have shot Green"
/ Mrs. Hotz said she did not remember Of
! saying that.
| Mr.. Anderson-Did you not see me write
! it down?
| Mrs. Hoz-I saw you writing some
/ thing, but do not know what it was.
| Mr.. Anderson-Did you not say to me
on that occasion that you hated Hotz?
| Mrs. Hotz-No, sir.
| Mr.. Anderson-When did you see Green
| last?
! Objected TO by Mr.. Jones, on the ground
/ that witness was the wife of deceased, and
| could give only such evidence as they did
! not object to.
The Court overruled the objection, and
witness said l saw him last upon his Gy-
| ing bed.
MIR. Anderson-What occurred between
| you and Green upon that occasion? Why
! did you hug and kiss him while he was
! dying?
Witness Indignantly refuse to an
swer. Officer Jackson took me there. The
! Chief came to my room and told me Green
was dying. Jackson wanted me to 20 with
him. l asked if l was under arrest, and
he said no. | then said to Jackson, |
want to see Green before he is too far gone,
and want TO see him before YOU" If l
| tell one thing about tat dcath-bed scene.
! want to tell it all.
| Willie Horton, the stepson of the defend
ant, was the next witness. His testimony
| is substantially tie same as that given at
the Coroner's inquest, and a synopsis of
which has been published.
THE DEFENDANTS STATEMENT.
John NJ Hotz, the defendant, said he was
| by profession an apothecary, but latterly a
| L
had lived, with the exception of about two
| years, constantly in this city since 1856.
| He and his wife had moved to the Grand
! Hotel, so that she could have the advan-
| tages of nurse being in delicate health.
lie had become very poor, had been out Of
| employ so much lately that he had been
| compelled to dispose of nearly all his
effects, in order to keep up family expenses.
! He not having a bed at the Grand Hotel
| had been compelled to sleep in a house in
| the alley. He had not allowed his poverty
| to be known to his friends, or he had no
! doubt they would have rendered him as
sistance. He had known John C. Green
! for nearly thirty years. He knew nothing
particular about him until some two years
! ago A short time ago. he said, Green
called at my house late at night and
| knocked at the door. | called out who
was there and what was the matter He
replied, Never mind; come out here;
want to tell you something" / peeped
through shutter and saw and recognized
| Green. He kept asking me to come out.
saying he had something 10 say to me
| that he
DID NOT WANT EVERYBODY TO HEAR.
When l would not 90 out he said: " Do
! you know where your wife is? | will tell
you She is at Madame Frcy's with Barney
| Kane, and she has got the baby with her
| too. Do you hear me, HOtz?' l said Yes -
Then Green said TO some one Come
up here, Billy ! then saw a man with
him whom | afterwards ascertained was
named McGraw After Green found he
could not get me out of the house he went
away, and | got out, went down to Barney
kanes place on Second street. and found
him on watch. That seemed to give the
lie to the business. | kept indoors of nights
then on account of the Brown and Eagan
trouble. ! went down to the Grand Hotel
and she was not there. This looked little
suspicious. | called again at the Grand
Hotel the next morning l asked where
she was during the night, and she replied
Where were you last night?' and detailed
to me the same story she detailed here to-
day, and said she went to Veritys. | did
not think two men could be found who
would
ASSAULT \ WOMAN IN HER CONDITION.
I then went to see Verify, and he told me the
circumstances. His testimony to-day was
correct. l was satisfied that it was John
Green and McGraw pointing, that man
standing in the door there. i week
or ten days later he called again
and knocked at my door. paid no atten-
ton to him. | thought his visit was con-
nected with the Brown and Eagan case. /
found that Eagan and those parties were
intimate, and thought they intended to
get me out, assault me, and probably kill
me My intention was to have a gun
ready to make those people come to the
station-house with me 1t was a sixteen
caliber gun, one which l used for killing
small birds for the taxidermist | never
spoke TO Green, but on the occasion re-
ierred 10, until last Monday morning. My
wife came running to my house-I did not
know what time ii was then, DO now
and exclaimed: John, come quick r. and
turning round, ran rapidly back
slipped on my pants and slippers. seized
my gun and followed her. Arriving at
her house, ! found Green leaning against
the gate-post
SAID WHAT ARE YOU DOING HERE
He said, Oh, you go to hell" and
thrust back behind him as if to pull
pisto' when | pulled the trigger He
then started to run diagonally across the
street and commenced to cry Murder"
Soon afterwards | went back to my house.
dressed myself, took the shells out of the
gun, put it in its place and came back to
my house, awaiting to place myself in the
hands OF an officer. have never denied
the shooting to anyone Ipulled the trig-
ger, thinking my own life was in danger:
that | was going to be shot He made a
motion as if drawing pistol. l know he
was low-class gambler, and one Of
that kind that always goes armed. l
thought he was going to shoot me, and
my gun went Off. 1t was number ten shot
/ TOOK THE GUN FOR PROTECTION.
Had been assaulted before that and came
near losing my life as l was going
through dark alley l was not jealous of
him in the least, and had never heard of
anything improper between him and my
wife until read it in the papers three days
after | was in Jail.
J. W, Todd said he had known Hotz for
fifteen years and his character for truth and
yeracity was good.
The defense was going to put on
other witnesses to prove Mr.. Hotz' char
acter, but the prosecution admitted that it
was unnecessary, and so other gentlemen
present for that purpose were not called
upon. =.
Both sides rested the case without argu-
H. .,,-1--. Il.