Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-04

| '.Sts-44c LIZ SOldts Jill Ddrl
! of October or first of November he met
Lowell, and expressed sorrow that he. an
Old man, should get into such trouble, etc.
Lowell replied, saying he did not want
any OF witness sympathy or the SYM
patty of any one else. He ought TO have
killed Powers before. Powers had been
doing the dirty work for John Rooney for
/ ten years. and # the gun had went off he
would have killed Rooney, too. This con-
yersation was in the big corridor of the
county Jail, and no one except Lowell and
himself were present.
On cross examination he said he was
moved by sympathy when he spoke 10
Lowell. 1t was not his intention TO use il
against him. He did not know how the
attorneys found it out, and he wanted il
understood that ne was an unwilling wit
ness.
William L. Plummer, the next witness
drove out to Brighton the evening of the
homicide. When he passed PotterSs place.
just this side of the leyee, he saw Rooney
turning away from the door, Powers in the
act OF opening the wire-screen door, coming
out, and their horse tied to post under the
shed. He did not stop, but kept on. Just
as he was crossing the summit OF the leyee
he came alongside an old, grey-whiskered
man, with black, SLOUGH hat, in a Buggy
drawn by mule. This individual had a
shotgun in his lap, had hold of the gun
with his right hand, and was bending over
II, as though he was examining the locks.
He remarked, in jocular way, to the old
gentleman with the gun, If I've got any
thing you want | will give it up" He
drove on to Brighton TO get his mail, and a
lew moments later news came in of the
homicide.
On cross-examination he said he was
positive the individual he passed on the
levee had long white beard.
W. ". White, who lives near the Five
mile House, was out milking his COWS
across the road from the saloon. He recog-
nized Lowell and his mule coming in the
distance, when he sat down to milk, and
did not notice him again until he heard
some one say, Stand back, stand back"
and the gun was discharged, and Powers
shot. Rooney drove rapidly around after
Lowell, asking, 3" Who is that man"
Lowell answered, g. will
show you who am, pointing his gun at
Rooney.
On cross-examination he stated how long
he had known all the parties connected
with the tragedy, located positions of the
bugg1es, barns, houses trees, etc, on the
map. His brother. Alex. White, who was
assisting him in milking at that time. cor
roborated his testimony.
VIM. Caryeli testified that on the 9th of
June, 1884, Lowell had said to him he
hoped to live long enough to kill Rooney
and Powers, and then he would be salts
fed.
His cross-examination was very severe.
He was compelled to give an account of
himself from his birth, and questioned
closely as to how he could remember dates
and statements so perfectly. He admitted
10 having told Rooney a few moments be-
fore he went on the stand what he was 60
ing TO swear to; also that he had taken
lunch and drink with Rooney eat Peter
Flahertys wine-room during the recess of
the Court.
S. Linberg was the next witness. He is
iourneyman tailor, who resides at Tween
ty-eight and 0 streets, and the father of
the first witness of the afternoon session.
His testimony regarding Lowells visit TO
his house on the day of the homicide was
exactly that given by his daughter and Mr..
Hartman.
On cross-examination, he said he had
resided in Sacramento for thirteen years.
and had known the defendant for five. He
never was Lowell's hacker in a fight. and
was not acquainted with Mr. Hackney or
Mr.. Meserve. He admitted that an elderly
gentleman and young Lowell had called to
see him about his testimony; that they had
ptOpO>eu 10 give MIN SZ,UUO TO 20 TO
Europe; that he had visited Mr. Lowell in
Jail about that matter had talked to Cen
eral Hart upon the street regarding
the case, but he never had intended to
accept any offer in any way; that
he could not be hired to give false testi-
mony. He admitted all that General Hart
accused him of. but turned it off by saying
he was now under oath and was not telling
them the truth then. He was satisfied they
were putting up a job upon him, and he
encouraged them on. He said if he was
going TO sell himself for $1,000, or any
amount, he certainly would object to trans
acting the business in the presence of third
parties. Lowell, he claimed, wanted TO do
all these things, sent for him, etc. Mr..
Linberg was on the stand when Court ad-
iourned.