Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-06
THE LOWELL TRIAL.
TESTIMONY OF WITNESSES FOR
THE DEFENSE.
The Defendant on the Stand-Con-
Trajectory Evidence-Liyely
Legal Sparring.

Powers, was larger than that of either O
the preceding days A large number O
witnesses were examined, and their test
mony, written up in full. would fill many
columns. The evidence in many instances
was simply cumulative. There is no de-
NAL as to the shooting, the only issue be.
ing that of whether it was done in self
defense or not. A great deal of the time
was taken up in legal sparring between
Mr.. Johnson, of the prosecution, and Mr.
Hart, of the defense, as to the admissibility
of testimony. Both of these gentlemen
became eloquent at times, and their
speeches at all times were listened to with
the most profound interest Below is
given very brief synopsis of the testi-
| moly of the witnesses examined for the
| defense:
District Attorney Buckley said he visited
Powers the night of the shooting in COM
pany with an officer. Powers although
told by his physicians he could not recover.
refused to make statement, referred the
District Attorney to John Rooney, whom
he said knew all about it. Mr.. johnson
| endeavored to prove by Mr.. Buckley that
Powers was a member of the Catholic
| Oioi III. n piIcSl Nlciltu hin, tOlQ
him he was going to die; he must forgive
and be forgiven. That it was this which
Influenced him not to make an ante mortem
statement Mr.. Hart objected to such
| questions, and his objections were sustained
| by the Court
John Rooney was recalled, and stated
! that he was not acquainted with j. Walter
Wilson. He never said to Wilson, in a
blacksmith shop at Brighton, that d" he got
away with Lowell once. and ought to have
finished him" He was closely questioned
regarding the streets he drove out in going
home on the day of the homicide. and of
persons he met and conversed with
j. Walter Wilson said he had lived in
and around Sacramento for the past twelve
years. Worked about month in 1882 on
steam hay-press on Rooney's ranch. One
day during that time, John Rooney said in
his presence, in front of blacksmith shop
in the town of Brighton 81 got away
with John Lowell once, the - old cuss.
and it would be better had finished him
when | had chance" Lowell at the time
the remark was made was passing in a
buggy, about a hundred yards distant.
He often saw Powers and Rooney together:
they appeared to be intimate friends. Sew
eral questions were asked the witness about
Powers being fighting man, famous for
throwing rocks, but the prosecution object
1nRs they were ruled out.
Upon cross-eXamination, Mr.. johnson
endeavored to make the witness admit that
he was the companion of Boney Sewell. a
well-known negro vagrant, whose favorite
haunts are the China gin-mills of street.
In this he did not succeed, but witness adj
mitted that he spent considerable time in
and around those low dens. end did i'm
blbe Chinese gin. He admitted that while
working on Rooney's ranch he was in the
employ of Silas Chance
W. Bennlng was recalled, and stated that
at the time he met Lowell on the railroad
crossing. at Brighton Station, ne did not
meet another buggy at the same place
The road at that point is narrow, and if he
had met another buggy alongside he
thought he would certainly remember it.
Chief of Police Jackson's testimony was
like that of District Attorney Buckley re-
gardlng the refusal OF Powers to make
dying statement
Peter Beckendorf called at Loweli's house
with Joseph Orn the day after the shooting,
when the latter got the gun with which the
shooting was done. He described the
weapon, and counsel for defense admitted
that the one in possession of the Sheriff
was the one referred to by witness. He
said the cap was perfect, and bore no evil
dence OF having been snapped.
Z. Z. Brown, who was on the ground the
day after the shooting, pointed out upon
the diagram the positions of the different
parties as they were explained to him at
that time by Mr. McMorry. His testimony
agreed with that of Mr.. McMorry, and he
also stated that in the roadway were many
rocks or cobbles, some of which were as
large as his fist.
q. G. McMullen was placed upon the
stand for the purpose of showing as coun-
sci for defense stated, that deceased was
dangerous man in tight-one who used
iron bars, rocks, etc. The questions were
objected to and ruled out.
Michael Doud said he saw Lowell the
day before the killing with several horses
which the latter said he was taking to his
mountain ranch.
James Doty was placed upon the stand to
prove that deceased was quarrelsome,
boisterous, fighting man. but, as in the case
of McMullen, was not allowed to testify.
Recess.
AFTERNOON PROCEEDINGS.
J. Walter Wilson was recalled by the
prosecution for discrimination. He
said he knew officers Arlington and Rider.
He was asked if he was not arrested by
them for burglary in 1885 The defense
objected TO the question and the objection
was sustained. Were not you convicted of
a reduced offense, and did you not serve
out sentence in the county jail? Same
objection and ruling. Did you spend any
part of 1885 in the county jail serving out
a sentence imposed by the Police Court?
Same objection and ruling.
George w. Nichols was recalled. He said
he did not see Thos. Burns in the Court
room Wednesday, and he did not say to
him or any one else that all the interest he
had in the case was to see Henry Buckley
get away with it. Did not remember saw
ing to Dr.. Tebbets that she would bet $40
that witness would not be produced who
would say that deceased sprang from his
buggy and advanced toward defendant and
that the latter warned Powers to keep back
before the shot was fired He did not saw
| that it was ld-blooded murder, and that
| the old -- ought to be hanged any,
way.
| Thomas Burns took the stand. and swore
! positively that he did hear Nichols say in
! the Courtroom that ali the interest he had
in the case was to see Henry Buckley get
away with it. or words to that effect. He
had known Nichols for several years. The
remarks were not addressed to him but to
a young man who stood next to him in the
| Courtroom, near the door leading from the
| Courtroom to the clerks office.
DR.. +. F. Tebbets designated the time,
| pldCS anu thCce present. when ne SAID TO
| Nichols that witness would be produced
| that would swear that Powers was advanc-
ing upon Lowell after the latter had warned
him off and before the shot was fred.
Nichols offered to bet $40. Witness pro-
| duced the money, offered to accep. the
wager, and Nichols remarked, ooh. YOU
only want to show your money! that the
affair was cold blooded murder, and de-
! PENDANT ought to be hanged, or words to that
effect. He told counsel for defense of the
conversation after the reading of Nichols
testimony IN the papers.
Mr. Foote said he was well acquainted
with deceased during his life time He
was tall. sinewy, broad shouldered, weighed
about 175 pounds. and was about So years
of age.
THE DEFENDANTS STATEMENT.
John Lowell, the defendant, was the
next witness. He said he was a native OF
| IL IS e !