Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-04
TRIAL OF JOHN LOWELL
For the Murder of Joseph Powers, Sep
TENDER 20, 1885.

OF the People VS.. John LOWeu was COIL
pleted yesterday morning and is as fol-
lows: George Schroth, ]. N. Overmeyer,
J. f. Parker, James Woods, Peter H. Men
ken, ]. f. Cross, George Boyne, Samuel
Blair, ]. T. Chinnic, Angus Ross, Paul
Smith, John Shelton.
The prosecution is represented by the
District Attorney, H. L. Buckley, and
Grove L. Johnson. The defense by A. l..
Hart and J. H. McKune.
In his opening statement the District
Attorney said that on the sd of September
last Joseph Powers was living at Brighton
with his wife and child. On that day he
came TO Sacramento in company with John
Rooney Between ) and O'Clock in the
evening they started home in their buggy,
and stopped at the Twenty-eighth and NJ
street brewery to water their horse, and
also to take a drink themselves. While
there they saw John Lowell, who had also
driven up in 2 buggy. Some words passed
between them. Rooney and Powers started
for their home, going out what is known as
the M-street Brighton road. Lowell drove
to Thirty-first and street, and tried to
borrow gun, and failing in the attempt.
drove out the J-street road and procured
shotgun at his own residence. At the Five
mile House the parties again met, and
Powers got out of the buggy and started
toward the house. Lowell told him 10
stop. and fired the fatal shot. Rooney
asked what was the matter, started to get
out, and Lowell, with an oath, told him if
he did not get back he would give him
some Of it too. Lowell then drove home.
Powers fingered a day and night, when
he died of the effects of the wound. The
J. i af-
10 show that Lowell had threatened many
times to kill Powers The murder he held
was wholly without cause or provocation
The main facts in the case would prove
cold-blooded, deliberate and wanton muir
der, premeditated and prearranged. Upon
the establishment of these facts he would
expect the jury to find verdict of murder
in the first degree.
General Hart said the defense would also.
before the commencement of the trial.
make little statement. This is a case.
he held, between John Rooney and John
Lowell, and not case prosecuted in the
interest solely OF justice. The defense
would show that the killing was the result
of a feud of twenty years standing between
John Rooney and John Lowell That ii is
the outgrQwth of that feud would be clearly
demonstrated by the evidence given by the
witnesses of both sides as the trial pro-
crosses. Numerous cases would be shown
where Rooney had attacked the old man.
the defendant in the case. Not being able
to handle him himself, he attacked him
latterly only when Powers was present.
There was no personal enmity or feud ex-
listing between Powers and Lowell, except
the attacks made upon Lowell repeatedly
by Rooney and Powers. The defense
would show that Lowell was in front of
n, ol. R.,-n.,
the public highway, peaceably talk
ing, when Rooney and Powers drove
up in their buggy and tried to run into
him. Lowell demonstrated, saying that the
road was wide enough for both of them.
Powers got out of the buggy and ordered
Lowell to leave. Rooney got out and said,
=" Git, you old cuss." Lowell drove out ]
street, stopped at his home, then drove to-
ward Folsom, where he was going to see
John Stotz about land transaction. ac-
cording TO previous arrangement He
was driving mule, very slow animal. 1t
was customary for him to make such trips
during the evening, thus avoiding the heat
of the sun. He had also arranged with
Stotz that during his visit they would hunt
some, a sport Mr. Lowell often engaged in.
and tor that reason he took along his gun.
He drove his mule as fast as he could.
When near the Five-mile House he heard
Rooney and Powers coming behind kim
lie urged his mule, but could not get out of
their way. When alongside of Lowell,
Powers jumped out, picked up large rock
and started towards Lowell. The latter.
desiring to avoid trouble exclaimed, Keep
back; don't come any further, or III
shoot then again. keep back" The
deceased kept advancing, continued to
approach Lowell, and the shot
was fred. There was no feud between
Lowell and Powers, and if Lowell had de-
sired to take the life of either ii would have
been that of Rooney. Rooney ran after
Lowell, and the latter ordered him to keep
back or he would shoot, and Rooney
was discreet and kept back. The defense,
he claimed, would prove the threats against
life untrue, and the attempt to borrow
gun fabrication. The defendant, he
claimed, was on a public highway, where
he had a right to be; was pursued by men
who wanted to take his life, and. in firing
the fatal shot, he had been acting purely
in self-defense. For his own protection he
had threatened them, and finally was COM
PEELED to shoot. Upon the establishment
OF those facts the defense would expect an
acquittal at the hands of the jury.
TESTIMONY OF WITNESSES.
James C. Pierson, County Surveyor, who
mad made diagram OF the roads between
this city and Brighton, for the convenience
of locating different points, and facilitating
the taking of testimony, gave a general de-
scription of the diagram, and stated the
sources from which he derived his data.
DIR. w. S. Manlove, the physician who
attended the deceased after he was shot,
described the wound which caused his
death, giving the same testimony that he
did at the preliminary examination. The
shot was in the upper right breast, in size
41x21 inches, made with bird shot, and
ranged downward at an angle of from 40 to
rs degrees.
John McMorry, the proprietor of the
Five-mile House, in front of which the
homicide took place, and who was an eve
witness to the affray, also gave testimony
the same as at the preliminary examina-
ton. The buggies drove up, Powers jumped
out. and was advancing toward Lowell.
The latter said Keep back OF | will
shoot you; keep back. Powers kept ad-
vancing, and Lowell fired when Powers
was about seven feet from him. Lowell
did not raise the gun until after saving
keep back the last time.
N-rNf,,-