Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-27

made any statement to Chief of Police
Jackson except that he acted purely in
self-defense.
EVIDENCE FoR THE DEFENSE.
r. II. Singleton said he resided in the
Pacific Hotel. Knew deceased for ten or
twelve years. Knew Thomas McCants
about the same length of time. Knew the
defendant. Was in the Canada Saloon on
the night of the shooting. Defendant was
playing cards with myself and several
others. Everything was peaceable and
quiet McCants and Harris came in. Har-
ris sat down behind me and said, Hello,
Dick" Next heard some one say, Sit
on me: step on me-" Looked around and
saw Harris lying on the floor. Paquin
made him get up. Heard some words be-
tween Kane and McCants they went out
side. Some one said . A fight, and those
in the saloon went out Witness told Nc
Giants he wanted no trouble. Harris struck
witness. struck Zeller and fought Kane.
Witness and McCarty separated Harris and
Kane. The fighting attracted quite large
crowd. Saw no dog around that night
Witness dog was locked up.
oss-examination-We kept on playing
cards when Harris lay on the foor asking
some one TO step on him. Did not hear
Zeller say, Don't strike that man. he is
my frieno Separated Harris and Zeller
Both had their hands up. Did not see a
man with pistol in his hand. Did not
hear any one say, Don't shoot Was
looking for my hat when the shot was
| fired. The crowd separated quickly Saw
Zeller in the saloon about ten minutes
after the shooting. Did not know until
the arrest who did the shooting. When
witness was arrested, went to Jack Sullivan
and told him to go and arrest all who were
present. Was not aware that any one was
shot until some one reported it afterwards
Saw Harris running across the street, and
some one remarked, II guess he is not
hurt much from the way he runs" Saw no
dog there that night.
AFTERNOON SESSION.
r. H. Singleton, on redirect testimony,
said the party was playing for drinks. If
they did not wish to take drinks they took
| tickets, that were good for drinks and cigars
at any time.
Re-cross examination - Did not saw TO
Sullivan that " 1 did not want to be dis
graced, and to go and arrest Zeller. as he
| did the shooting will swear that told
Kent that knew nothing of any shooting.
| have not contributed cent towards this
prosecution.
John Kane, pressman at Lewis & John
ston's printing house, said he knew the de-
PENDANT. Was in the Canada saloon on the
night of the difficulty. Defendant was
playing cards. McCants and Harris came
in and asked him to " put up for the beer
He did SO. Then Harris talked roughly to
him, laid down on the floor: wanted
witness to " step on him." to sit on him. -
McCants asked witness out doors. Witness
then described the trouble on the sidewalk
same as did Singleton.] Harris threw his
hand ehind him and said to Zeller.
Damn y u, | will give you one anyway"
Witness stepped back toward the hotel, and
heard a pistol-shot. Saw the smoke of the
pistol. Saw no pistol saw no dog.
Cross examination = Had no difficulty
with Harris after we left the saloon. Was
not separated in fight with Harris by
Singleton and Mccarthy. He wanted to
have no trouble with Harris. Saw Harris
strike Zeller blow. Did not see Dick
Singleton separate them. Deceased had on
short sack coat at the time he was shot.
Edward Leibling said he was IS years
old. Knew George Beeler. Was at a party
with him the night of the homicide. Met
him at the time of the trouble on Com
stocks corner. opposite Pacific Hotel.
Crossed the street to the corner with Beeler.
Saw some men holding a man. Don't
know who they were holding. and saw no
pistol Was nearer the crowd than Beeler,
and could see everything as plainly as he
| could. Special officer Goode had been to
see him about his testimony. Saw no
shooting. Only heard the shot. Had as
good an opportunity, or better one, to see
than Beeler.
DISCRIMINATION not excited in
the least. Beeler was standing within two
feet of me. He was right beside me all
the time. We moved with the crovd and
kept together.
Mr.. Jones-Well, you don't like George.
and George don't like YOU is not that
about your feelings toward one another?
Witness-Well, that is about the size
of it.
Mrs. Zeller. wife of the defendant. was
next sworn, and asked if she and Others
had not advised her husband to carry
pistol to defend himself against footpads.
Objected to by the prosecution and oh
lection sustained.
Witness said her husbands forehead was
wounded in the affray.
A. Paquln, proprietor of the Canada
saloon at the time of the shooting, was the
next witness. His testimony in all particu-
lars was corroborative of that of Singleton
and Kane. Saw Harris thrust his hand be-
hind him and say something. No one was
holding Zeller. and did not see pistol in
his hands. Saw no dog there.
Cross examination-Haye been in the
saloon business for several years. Never
was convicted of felony.
Mr.. Jones-Are you the same Paouin
that was arrested for running a bunko
game?
Objected to and objection sustained.
Witness, continuing, said Did not
know Zeller before that night He came
in there about 10 o'clock, and was there a
couple of hours. Kane came in the saloon
occasionally. Kane told Harris and Nc
Giants that he would treat if they would
let him alone. McCants said to Kane,
GU had better go and pay your debts at
the Senate Saloon WITNESS explained
by the diagram the positions of ali the
parties concerned in the affair.
j. A. Stein said he worked at the rail
road shops. Met Mr.. Zeller the evening of the
homicide. Was playing cards with defend
ant and others. Saw McCants and Harris
enter the saloon. Harris sat down near me.
McCants and Kane were having some
wrangle about debt; saw them afterwards
drinking. Harris got up and went to the
bar. The next thing he saw was Harris
lying on the floor upon his back, asking
some one to sit on him or stamp on him.
Witness was sober, and so was the entire
card party. WITNESS then corroborated
the testimony of Singleton, Kane and
Paquin regarding the row. Saw no dog
saw no one fiourishing pistol and, if
there had been, would have observed it.
Saw Zeller hunting for his hat.
Thomas Smith, the next witness was
one OF the party who was playing cards in
the saloon the evening Of the homicide.
His testimony was corroboratiye of Sim
gleton.] McCants, Kane and Harris were
all under the influence of liquor. Harris
was the soberest one of the three Young
Harris said he could whip any one in the
crowd
Cross examination-Talked with Zeller
after the shooting. Saw no marks on his
body. Did not hear him say anything
about the shooting.
Nathaniel Lowe, San Francisco printer,
said he was present at the shooting Was
coming up X on the north side Saw a