Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-06


And generally travelled together in buggy
and usually on such occasions ginned III
together. Sometimes they would be il
Powers buggy, at other times in Rooney's
About year ago defendant met Power
and Rooney at the Five-mile House. H,
was talking with teamster upon politics
and offered to bet LOCO upon the result o
the Blaine and Cleveland fight ir
this State, when Powers and Rooney droy,
up in their buggy. Rooney came neal
running his buggy into that of witness. anc
said, " You haven't got any money to bet.
Powers jumped out, and went up to wit
ness in threatening manner, and the lat
ter told him he better go and see Quail, 6
man who had whipped Powers shortly be
fore. The proprietor and his barkeeper go
hold of Rooney and Powers, and witness
drove off. At subsequent time witnes:
claims that the same parties made a similar
attack upon him at the same place, and he
again succeeded in eluding a collision
Rooney, he said, never was insulting to
him, only when the former was accom-
panied by.Powers. Last Fourth of July, a,
Thirty-first and NJ streets, he was again in
suited by Powers, who was flushed with
liquor, and accompanied by Rooney. On
the Monday before the sad occurrence he
was seriously kicked on the left side OF
the spine, near his hip, by a mare. On
the next day, Tuesday, he was kicked
IN the groin by young stallion. He had
a plaster upon his back, and alto
gether was badly used up; so much
SO, that be could not ride horseback
or in buggy over rough roads. He had
shown his wounds to Mr. Stewart. On
Wednesday, the day of the Powers trouble,
he was going to his ranch in Ell Dorado
county. to fix up his fences preparatory to
turning his horses out TO pasture. He left
his home in the afternoon, taking with him
some fruit for some little children who
lived at Thirty-first and NJ Streets who had
rendered him a service in catching up
some of his horses. He did this and also
paid the little folks for their trouble. He
then drove down in the city, where he
bought three loaves of bread He started
back and stopped in front of Scheld'
brewery at Twenty-eighth and NJ streets.
and engaged the clerk, Mr.. Dehn, in con-
relative to horse trade. Just
then
ROONEY AND POWERS DROVE RAPIDLY UP,
And would have collided with his buggy
had he not cramped his vehicle in to
the sidewalk. He thought their in
teptlon was to crush his rig. He
said nothing to them. When they got
up to the watering trough Rooney Jumped
out and staggered up against post. Wit
ness had not seen them before that day
Powers remained in the buggy Rooney
addressed Dehn, saying, Come away from
That Old - -" Rooney was drunk,
at least considerably under the influence of
liquor. He again addressed Dehn, saying,
. He's nothing but an old -
IL ~,
Rooney then walked into the back ward.
Witness said he did not like the language,
nor did he like their attempt to smash his
buggy, and remarked well YOU missed
your aim once" referring to the fact that
they did not succeed in taking wheel off
his buggy. Powers said: Get out of here;
we've had enough of you" "you co."
: get out" you old cuss,' repeating it
-hree or four times. When Rooney came
back be repeated: You go away" with
IN oath. Witness then drove down to Lin
oerg's place, and found him out on the
porch. He asked Linberg if he had heard
he racket, and asked him if he would go
back with him to the brewery and be a
witness to the insults they heaped upon
aim. If Linberg had done so he could
lrrest them and
PUNISH THEM IN THE POLICE COURT.
t being inside the corporate limits. He
lid not ask Linberg for a gun or pistol. He
lad IN his buggy his shotgun, which he
lad placed in the bottom of his buggy to-
,ether with his blankets water bucket,
ome canned fruit ana provisions to be used
~ him while at his mountain ranch. Lin
,erg refusing to accompany him, he then
lrove out the J-street road, en- route to
folsom. He thought by going the J-street
Dad he would avoid meeting them again.
lie was driving slow work mule, lazy
lnimal, and had no whip with which to
irge him along. He had no idea of meet
ng Powers and Rooney again that day. as
be route he travelled was at least mile
uriher. and they were driving a fast ami
mai. he stopped at his place, and was de-
aged half an hour in unwiring and wir-
ng up again the bars. He always, in going
summer time, travelled after night to escape
he heat He always, when lie went with
lis buggy or the four-horse wagon. took
ilong his shotgun. On the ranch were
coyotes, foxes and the woods were full of
'abbits- In his house he had a sack of No.
bird shot, and it was of that shot
hat the gun was loaded. When
lie passed Potters saloon, at the
railroad crossing, he saw Rooney and
POWERS STANDING AT THE BAR
He urged his mule all he could with the
ines, to get ahead of them and escape a
collision. II he had twenty seconds more
time, he would have passed tie Five Mile
House before their arrival. He lost his
buggy robe between Potter's and the Five
Mile House but would not turn back for
it, preferring to loose it than to again meet
them. If he had had whip, he would
have been able to have urged the mule
enough to have got out of their reach. He
met Mr.. Benning as he was crossing the
levee, and passed the time of day. Saw no
other buggy on the levee, and for thirty
five years, or up to the time he went to
jail he had not worn whiskers but was
always clean shaven. Powers and Rooney
overlook him about fifty PAGES this side
Of the saloon. The road was very
dusty and it was late in the evening. One
of them SAID: There's the old - =
- now" lie slapped his mule with the
lines and urged him along as best he could.
He saw Powers spring out of the buggy.
Rooney was in the act of refining up and
stopping the buggy. Powers staggered for
ward, almost falling down. Rooney then
stopped his animal so suddenly that he
raised the horse off its forward feet. When
about ten feet from me Powers stopped and
picked up cobble or something from the
ground as big as my fist He saw him do
that distinctly. Witness up to this time
had not said word but was getting out of
the way as fast as he could He cried out
to them: Keep away; keep away" The
mule slowed up and headed for the water
ing trough, where he was accustomed to
being watered. Powers kept coming on
half run. He did not see what Rooney
was doing, for he was watching Powers.
The latter said incoherently something
about smashing witness head and taking
his gun away from him. He warned
Powers to stand back three times, or he
would shoot, and when Powers reached
his hind wheel and threw back his head as
if to hurl cobble at him. he picked up his
gun and fired. He was getting too close to
be comfortable. He thought Powers was
going to hit him Ia the head with rock.
He acted in
A THREATENING AND wARLIKE MANNER.
He had no feeling against Powers he had
no time to reflect or consider; he had
warned him away, and only fred when he
thought his own life in danger After fir