Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-08
THE LOWELL CASE.
The Evidence All In-The Case to be Ar
gued TODAY.

The Evidence All In-The Case to be Ar
gued To-Day.
The Courtroom was again crowded Sat
urday with spectators to listen to the evil
dence in the trial of John Lowell for the
murder of Joseph Powers.
The defendant was subjected to lengthy
cross-examination b. Mr. Johnson. The
latter took up defendants direct testimony
and questioned him closely regarding every
portion of it from beginning to end. Mr..
Lowell manifested the greatest composure
throughout, and at no time did his answers
differ materially from the evidence which
he gave ON Friday. He said he was well
acquainted with z. Kelly, who keeps a
saloon on l street, between Sixth and
Seventh. He denied most emphatically
having stated to Kelly on several different
occasions that he would be satisfied to die
if he lived long enough to kill Rooney"
He described very infinitely the position in
which the shotgun was carried'in his buggy.
He changed the position of the gun from
the bottom of the buggy to the front while
travelling on the J-street road near Oak
Hill. This, he claimed, he did for fear the
jost.ing of the buggy would discharge it.
He claimed that his every effort was to get
away from Rooney and Powers, and that
the shot was fired in self-defense. In an
swer to questions by Mr.. Hart, defendant
stated that he had been warned against
Powers. Supervisor McMullen had told
him that Powers was dangerous man, and
had told him of Powers methods of fight
ing. Mr.. Dohn told me the day he saw
Powers and Rooney driving up to the brew
cry, Go away, your enemies ale coming"
J. +. Kavanaugh said he knew George
w. Nichols. Was present when the latter
was upon the witness stand, and heard the
testimony. He coroborated the testimony
of DR.. Tebbets regarding a conversation
Nichols held with Tebbets and others on
the day Of the preliminary examination,
and said that upon that occasion Nichols
made use of the following remark = He
is an ---- -- and ought to be
strung up
w w. Coons, under Sheriff, had the re-
manning load in the shotgun taken out
and exhibited the charge of shot to the
jury. 1t was No. 6 bird shot.
George W. Stewart was the next witness
He had portion of LowelPs place rented
at the time of the homicide. The chief
points in his testimony was that Lowell
took his gun in his buggy and left the J.
street ranch for his Folsom place
about half-past 2 o'clock on the after
noon of the day of the shooting.
Lowell was suffering from severe kicks
from horses, and a lame back. The bruises
upon the body of the defendant were
shown to the witness and the latter had
procured q porous plaster for the defen-
dant, which the latter was wearing at the
time of the homicide. He said Lowell
told him he was going to his Folsom
ranch. Defendant always made these.
trips either early in the morning, late in
the evening or by moonlight. That Lowell
had no whip he was confident. He recog-
nized the gun in Court as that owned by de-
PENDANT and which he had borrowed on
several occasions. Defendant, he claimed,
was an expert in the use of a shotgun.
Witness stoutly denied that he had told
Kelly, Harvey, or any one else, that he
saw Rooney return TO his house after he
left at $50 P. NJ.
p. C. Dolan was placed upon the stand
to prove that Lowell had said to him he
would be satisfied to die, if he lived long
enough to kill Rooney" Objected to and
ruled out.
Mrs f. Cordes, who keeps the saloon at
Thirty first and NJ streets, said Lowell came
to her place between and o'clock on the
afternoon OF the day of the homicide, and
remained until about ). Regarding the
amount drank by Lowell at her bar she
said, "Oh, he took a couple of small
glasses of beer maybe from three TO six"
On croSs-examination she said she did not
know that couple meant two, and cor
rected herself by saying, Well, any how,
from three to six small glasses"
7. c. Perkins said he had rented land to
deceased; knew him personally for several
years, and his reputation as peaceable cit
iZen was good.
Carl Haiverson, Charles Taylor, Peter
Hoy, Robert Brown and d. W. S. Man
love had known deceased many years. and
testified that his reputation as a peaceable
citizen was good.
Matthew Keenan,, a former partner of
deceased, and Mrs. Powers widow of the
deceased, both testified that Powers was
leit-handed, never used his right hand ex-
cept when doing some work that required
the use of both hands, fed himself with his
left hand, and when throwing anything
always used his left hand.
7. Kelly was placed upon the stand to
prove that Lowell had made threats to HIM
against Rooney. Objected to and ruled
out He testified, as did also Samuel Har-
vey, that Stewart had told them that he
saw Lowell return to his J-street place late
in the afternoon of the day of the homi-
eide.
The following persons were placed
upon the stand to prove that they had
known deceased for many years in his life
time, and that his reputation for being a
quiet and peaceabe citizen in the commu-
nifty in which he resided was good Senator
j. Reuter-, jeremiah Potter, Maurice Too
mey, NJ. Hanrahan, Alex Hall, 2. Flaher-
~, ID. Mccarthy, p. Russell, NJ A. Howard,
Thomas O'Brien, Thomas J. Dunworth and
VIM. Schaw. Many of these Oh cross-ex-
animation, stated that they had contributed
funds toward aiding the prosecution of the
case, and all admitted they were friends of
John Rooney
Jeremiah Potter, who keeps the saloon at
the Sacramento levee, near Brighton juno
ton, said that Powers and Rooney were
both sober when they were in his place.
which was few moments before the
shooting.
Mr. Hart-Mr. Potter, did you ever see
John Rooney or Joseph Powers, either OF
them, absolutely sober?
Mr. Pottery: s | think have.
Mr.. Hart-You contributed funds toward
this prosecution, did you not
Mr.. Potter-Yes, sir; five dollars
Mr.. Hart-That will do You can step
down.
Henry Dchn stated that he thought Pow
ers and Rooney were sober when tEey
drove up to the brewery. 1t is very hard
to tell when some men are drunk. He
called a man who staggered, drunk.
AT $3.50 P. NJ. counsel for prosecution an
nounced that they were through.
Defense offered to.prove by P. II. Muir
ply that in November last the widow of
the deceased said, " John Rooney got my
husband killed" Objected to and not al
lowed
Joseph Zuver said he was in the county
jail when defendant gave himself up. That
Pat Kelly came in and abused Lowell, and
the officer in charge had to order Kelly
away.
AT $40 P. n. both sides announced that
all their evidence was in, and the Court ad-
journed to 10 A. NJ. to-day, when the argu-
ment will be commenced.