Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-05
TRIAL OF JOHN LOWELL.
TEE EVIDENCE FOR THE PROSE.
CUTI0N ALL IN.
What John Rooney Says Attempt
to Prove that Deceased was
Dangerous Man.


in front of the Five-mile House, on the
Brighton road, on the 23d of September
| last, is attracting unusual attention. AT
the opening OF Court yesterday the Court
room was crowded with spectators, and
many who could not get in hung around
the halls and corridors, eager to keep
posted as to the testimony given by the
different witnesses.
S. Linberg, the tailor, who testified on
Wednesday that he had been offered a
bride on the part of the defense, resumed
the witness-stand, and upon his cross
examination said he had no recollection of
saying TO any one that he knew a one
eyed man by the name of Charles Nelson,
who knew damaging testimony, and that
he also could be fixed" John Lowell,
he said, made the offer to him through his
son, and perhaps" addressing Mr.. Hart,
through you, his attorney. l believe an
attorney will try by every means possible
to make a strong case for his client, especi-
ally when the latter is on trial for murder"
VIM. Lowell and J. q. Meserye had prom
ised him $1,000, but had never made him
tender of money.
w. w. Coons said he was the under
Sheriff Of Sacramento county. Was pres
ent in the jail at conversation between
Lowell and the District Attorney shortly
after the homicide. Lowell said he was at
Scheld's brewery when Powers and Rooney
rode up. lie had some words with them
after which he drove over to Linberg's and
asked him to go to the brewery with him,
as he expected trouble and wanted Linberg
to see that he had fair play. He said Lin
berg refused to go. He then went home
stopped but moment, and started for Fol-
som. He passed Powers and Rooney at
Patton's saloon. They overlook him near
the Fiye-mile House. Powers jumped out
OF the buggy, and advanced toward him.
He told him to stand back, or 'rll shoot
youl Stand back" Powers kept advanc-
ing, and lie fired. Lowell exhibited a
shotgun, which he said witness admitted
was the gun from which the fatal shot was
fired. On cross-eXaminat;on he detailed
the conversation more infinitely.
JOHN RooNEY's TESTIMONY.
John Rooney was the next witness. He
had lived in the neighborhood of Brighton
since 1850, and had known Lowell since
1857. His acquaintance with deceased
dated back ii years. He located his resi-
dence and that of deceased relative to the
Five-Mile House. On the day of the homi-
eide he came to Sacramento, leaving home
at $50 p. N. After transacting some bust
ness he started for home, taking in his
buggy with him Joseph Powers He de-
tailed all the circumstances relative to their
meeting in the city, etc. On their way
home they stopped at the brewery at
Twenty eighth and NJ streets. Lowell was
sitting in his buggy at the brewery when
we drove up to the watering trough He
was growing. We went inside. where |
got three twenties changed for silver, and
both took glass of beer. When we came
out Lowell was gone. We got in our buggy
and drove for home. Stopped at Pattons
and took drink. When we arrived 80 or
40 feet from the shed at the FiYe-Alile
House, Powers jumped out of the buggy,
and the first thing l heard was a shot |
drove around and tried to find out who
shot Joe. l followed the buggy, when |
saw the gun pointed at me, and some one
saying, Stand back or | will give YOU
some of this" Joe fell on the stoop, and
doctor was Immediately sent for. At that
time | did not think it could be Lowell, for
we left him at the brewery, and as we drove
home pretty fast, did not think it possible
he could be there. | have not spoken to
Lowell for four or five years. Lowell
always growls when he sees me.
Cross-examination-I came into the city
alone that day, and Powers came in on a
blackboard with the Brighton shoemaker
Powers and | were very warm friends, and
often rode together. | met him at Stan
tons that day. and asked him to ride out
with me. When we drove up BY Lowell
at Scheld's, he growled and shook his head
and gritted his teeth. He is a growler
Sometimes he growls with shotguns, some
times with pistols, and sometimes with
knives. | did not speak to him Powers
did not say to him Go away" | went
into the back yard, and on my return did
not say to Lowell, " Git, you old cuss" I
made use of no such language. Did not
drive nearer to his buggy than six feet
Lowell said nothing about my running
into his buggy or about the road being
wide enough for two. | contributed 500
| toward hiring counsel to assist in the pros
ecution of this case, and am willing to
contribute as much more if it is necessary :;
not because of any malice toward defend
ant, but to see justice done. Witness was
| then asked as to the places where he drank
| during that day. Said he was on business
| that day drank but few times, and each
time beer. Minutely detailed the route
pursued going home, the places stopped at
| the gait at which he drove, etc He was
examined by counsel for defense very
closely regarding all the circumstances
| the same very infinitely. 81 have not
| a thing in the world against Lowell Inever
| jumped upon him, but he has upon me-
| have burt him and lie has hurt me-
! | never carried weapon for anyone in my
| life, not even pen-knife. We were the
best of friends until five or six years ago,
| since which time we have had nothing to
| do with one another. Have not hunted up
witnesses for this trial, nor do I spend
| money for whisky in order to aid its pros
! ecution.n He said he did buy drinks and
! lunches for Brighton boys, which was no
unusual thing for him to do. He named
persons and places where he had taken
| social glasses and ate lunches He said to
| counsel for defense, should | ever meet
| you in front of drinking house l would
| in all probability ask you to take glass of
/ wine" Liberality of that kind with him
was nothing unusual, and at this time
| not actuated by impure motives. headed
| the list with 800. / want to see Justice
done. | have no personal feelings in the
matter, and would not harm hair in
John Lowell's head.
jeremiah Potter, who keeps a saloon at
Brighton Junction, testified that Powers
| and Rooney were in his place about dark
on the day of the homicide Saw Lowell
pass while they were in his place.
Mrs. Margaret Powers wife of the MUIR
dered man, was placed upon the stand to
prove that her husband never owned
pistol or gun, was not a quarrelsome indi-
vidual, but a peaceable citizen, kind and
affectionate husband and father, but coun-
sci for defense objected, and the Court sus-
tanned the objection.
With this testimony the prosecution said
they rested their case.
AFTERNOON SESSION.
The first witness for the defense was
William w. Fuller, county iailer. He said
that when Lowell came TO Jail he had no
beard on his face.
Mrs. Mary Curran, who lives on the Free
port road six miles from the city, testified
that few days before the homicide the de-
PENDANT was severely kicked in the stomach
by colt.
Joseph Hanlon, of Franklin township.
said Lowell called at his place'three or four
days prior to the murder to get colt, and
was severely kicked in the hip by mare.
He believed Lowell at that time to have
been clean shaved.
John Studarus, Jr., described Powers as
being man about 10 years of age, hight
about feet TO- raw-boned, and weighed
about 10 pounds. Counsel for defense Of
iered to prove by witness that deceased was
q fighter, and that he was an eynert in the