Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-26
WHOLE NO. 1854.


mandatory He was close by at the time
OF the shooting, but did not see any of it.
Saw Harris come out Of the saloon several
parties following him. He walked toward
Sixth street. Witness told Harris he had
better go home. He did not heed him, and
moment later engaged in fighting. Don't
know who he was fighting. Saw no pistol
that night. Did not see Zelier. Just be-
fore the pistol shot saw Harris walking to-
ward Fifth street. Witness had cane in
his hand Saw no dog there. Heard only
hurt. aud then he left for his home at Fifth
and { streets. Did not know Mr.. Zeller at
that time; did not go into the saloon
Cross-examination-k Ed Welsh
did not see him there that night.
Ed. Holmes said he was q painter. and
knew the deceased Was with John Tobin
on the night of the shooting. Was stand
ing on the northwest corner of Fifth and X
streets. Heard shot, and a man ran bv
US in bis shirt sleeves. He said he was
shot; Did not notice how he held his
hands.
J. j. Tobin said he was on the corner of
Fifth and X at the time of the shooting
heard the shot, saw the crowd open and
man run out in his shirt sleeves and by
where witness was standing with some
friends. lie was asked what was the
L
| There were twenty-five or thirty in the
crowd in front of the hotel
Robert Goode, special officer, said he
knew deceased; was on the corner of
| Seventh and when he heard the shot
went down there Immediately, and en-
tered the saloon in the Pacific Hotel de-
fendant came in shortly afterward, and
leaned up against the bar witness was
asking the barkeeper who did the shoot
on .Ntsr ..fN T.
! johnson, was stricken out.
). D. Kent, police officer, said he was
ON X street, between Second and Third. at
the time of the shooting Soon as he
heard of it he went TO the Canada Saloon
don't remember OF seeing the defendant
there.
THE SISTERS TESTIMONY.
Mrs. Kate Moron said she was sister of
the deceased. Was at that time living in
my fathers house. When Henry was first
brought home, he said. Kitty. | was shot
down like dog and I'm going to die and
going to my mother and my SAVIOR He
said he knew he was going to die; he
knew he could not get we'll The doctors
visited him twice a day They told him
! he was pretty badly shot. The doctors
| said he might get better, but he shook his
| head and said he could not. He had no
| hope from the first that he would recover.
| utes past 8. His father who was in
Tucson, was telegraphed for and was ex-
pected home at 8 a. n. Wednesday NV
brothers only hope was to live long
| enough to see his father. Ny brother said
he thought he was shot for kicking a
dog that was biting his pants | said.
Henry, did you do notLing?" No" he re-
piled, was shot for kicking the dog
/ He did not know the man who shot him.
! II q nod ha a..
Said he had some difficulty with others.
but not with the individual who shot him.
| He had a mark on his right arm that he
| had held up in front of him. which he said
was made by the bullet Mrs. Hickey was
in the room when he made this statement.
staid by his bedside all the time. He re-
peatedly said TO ME, "Kittie, | was shot
down like dog; you don't know how
much | suffer" (The latter portion was
stricken out) He told me he was not
armed. He came home without coat. hat
or vest.
Cross-examination-H made those State
ments TO me at different times He said he
had been drinking some. He said that
they had all been drinking. Don't remem-
Der his saying that the man who shot him
drank with him. He did not know the
man; he described him. He thought the
man who shot him was the one who
said he was i'll the crowd with the rest of
the boys. They were all together and hay
ing good time. On Sunday he said. All
were fighting and | got into it." | think
he described the person who shot him as
being big man and as wearing light suit
OF clothes. He told me the man came right
up to him and fired He said he was on
the edge of the sidewalk had kicked the
dog, and the man came up, put the pistol
right against him and fired
Mrs. w. A. Hickey said she saw deceased
shortly after he was shot. He dill not think
from the first he could get WELL II. said
he thought he was going to die Heard him
make no dying statement that was reduced
to writing. Described the mark upon his
right arm, which he said was made by the
bullet that hit him in the breast.
John Cavanaugh-Knew deceased. Saw
him Sunday night, after he was shot. Was
with him most of the time after h e was shot
until he died. He told ME he was going to
die, and never expressed any hope of get
ting well. Told me he was shot down like
dog. Had his arms up to defend himself
and showed a mark on his arm produced
by the same bullet that entered his breast.
Did not say who shot him. Wound on his
arm was a sixteenth of an inch in depth.
Cross-examination-W a friend of the
deceased and am a friend of his father.
Admitted that he had spoken to Mr.. Harris
regarding one individual who was drawn
as juryman.
VIM. e. Hickey sworn-Am a Deputy
Sheriff of Sacramento county and special
officer of the railroad company Was called
to the Harris residence early Sunday morn
ing, and found Henry Harris in bed. suf-
. fering from gunshot wound. He said he
was pretty badly wounded, and was going
to die Said he was shot for kicking a dog.
he said ne did not know the man who
shot him. He described the man. Said
he was kicking 4 dog that was biting his
pants. There had been a row in the sa-
loon, in which McCants was mixed up.
He said ne had no difficulty with the man
was backing away from him when he was
shot. Witness corroborated the statements
OF other witnesses regarding the wound in
the arm
Cross -examined-Said he was a warm
personal friend of the father of deceased.
and had assisted him in preparing for the
trial
o. c. Jackson said he knew defendant
Alter his arrest / charged him with the
shooting He stated there was difficulty
at Fifth and K streets. Harris put his
hand back as if to draw a pistol, and he
shot him. Witness identified the bullet as
being the one extracted from the body of
the deceased. Alsorecognized the pistol with
which defendant said the shooting was done
de made no threats nor held out any in
ducements to obtain the statement from
defendant. Was present when Henry Har-
RS made dying statement, which was re-
duced to writing
THE DYING STATEMENT
Mr.. Buckley read the following state
ment, which was offered in evidence, and
which MIR. Jackson said was correct:
have given up all hopes of living. know
nave got TO de- Fifteen twenty were fight
ing together at Fifth and X streets / got into
the hght the same as the rest. A little Scotch
terrier got hold OF my pants. ran around the
gang, and as was at the edge of the sidewalk a
fellow put the pistol to my breast and shot me.
IL was right up against me. lie was a big man.
with dark-gray clothes; black mustache did
not attempt 10 pull pistol had no pistol.
Inc dog looks ike officer Hickey's dog or the
slaughter boys dog Johnny Perry and Tom
McCants were there, also Jim Lewis was
drinking, SO was the man who shot me- did
nor strike the man who shot me. The dog kept
catcning hold of my pants. and i kept kicking
tne dog. Twas q years old last Janliary Last
hight was shot between II and / O. clock Don't
bother me any mors-I have got to die, and
what does it matter to me
" NInessed by Mrs. Katie Moron, John H. Har-
rs. W f. Hickey. o. c. jackson and Henry L.