Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-27
THE TELLER TRIAL.
ALL THE EVIDENCE FOR THE
PROSECUTION IN.
Theory Of the Defense Defendant
Claims that the Shooting Was
Done in Self-defense.

a citizen for murder does not appear in the
ease now before the Superior Court, wherein
Michael Zeller is charged with the killing
VIM. H Harris. This no doubt is greatly
due to the fact that the case was gone into
SO thoroughly at the preliminary examina-
ton, and the defendant admitted to bail
for small amount.
The case was resumed at 10 A. NJ. yester-
day morning before Judge Van Fleet.
&C. Jackson was subjected to a short
cross examination regarding statements
made him by the defendant at the city
prison shortly after his arrest.
Mrs Kate Moron was recalled. for the
purpose of identifying the vest which was
worn by her brother, the deceased. at the
time he received the fatal shot.
J. NJ. Sullivan, the police officer who
made the arrest, recognized the pistol
shown him in Court as being the one he
obtained from the defendant, and with
which the latter asserted the shooting was
done. At the time the defendant was ar
rested he told the officer he did not know
whether he had hit any one or not Zeller
said to him that Harris had thrown his
hand back of him saying he would
give il to him. Harris had prior
to that struck defendant, and
the latter claimed the shot was fired in
selfdefense
J. H. Harris, twin brother of the de-
ceased, said his brother was of his hight,
but not quite so stout. The vest of the de-
ceased was placed upon the witness, SO the
jury could see where the ball entered the
body.
Chris. Curtin assisted in removing the
wounded mans pantaloons. Did not
way they fell upon the floor was confident
there was no pistol in any of the pockets of
the garment.
Officer Kent saw Harris and McCants in
front of Dutch Louis dance house, near
Third and K, about quarter past II
O'Clock on the night of the affray. Both
were somewhat under the influence of
liquor, and Harris was skylarking with an
old man. The officer took him by the
shoulder, turned him around, led him to
the street corner and ran his hands over
his pockets to see if he was armed. He did
this thinking if he found weapon con-
cealed upon his person he would place
him under arrest. He found no weapon.
McCanls came up and said if the officer
would let them alone they would go imme-
diately home. Witness then told them to
go straight home.
Robert Goode. the special officer, who
testified the day before, was recalled. Said
he visited the deceased the night after the
shooting, at the latter's home Harris said:
am going to die: was shot down like
dog the whole gang was fighting; was
kicking dog, and was shot for nothing
.Nr. johnson cross-examined the witness
at length, accusing him of having tam
pered with witnesses in his effort to assist
the prosecution.
Mr.. Jones announced that this was their
case; the prosecution rested.
THE DEFENSE.
Grove L. johnson, defendants counsel
addressed the Court and jury. saving that
before introducing any testimony on be-
hall OF the defendant he would endeayor
to briefly present the theory of the defense,
and outline the testimony that would be
introduced in behalf of the defendant in
the action. They would not attempt in
any manner to deny that defendant fired
the shot that caused the death of William
Henry Harris, but claim that under the
law and under the facts of the case The
shooting was justiiable. The facts of the
case as they will be introduced will show
that the defendant came to Sacramento in
the month of November. 1884 that he is
married and has one child that he brought
n Is family to this city, engaged in an hon
cradle and respectable business, that of
assistant pressman in the office of the
REcoRD-uNIoN would show that de-
PENDANT was poor man, had to
rent house, one suited to his
purse, and for that reason went to
Fourth, S and T, where rents are chean
His work was such, being employed upon
a morning paper, that he had to get up
about II O'Clock at night-about the time
others are going to bed The only night in
the week that he had off or could call his
own, was Saturday night There had been
"a number of cases of people being as.
saulted in that portion of the city at night,
and eA''
FOR HIS REPRODUCTION
He had been prevailed upon by his wife
ana others to carry pistol On the even
ing OF the homicide, it being Saturday, he
came ptown to spend the evening socially
with some friends. He went into the
Canada Saloon that evening for the first
time ID his life, and, while there, engaged
IN friendly social game of cards with
Dick Singleton, John Stein, and one
or two others. The table at which they
were playing was at one side of the room.
Their game did not interfere with anyone.
and was quiet and social They were or
derby, created no disturbance. talking only
among themselves. Well show that Har-
ris and McCants came into the saloon. and
that the latter was friend and companion
of the deceased. Well show you that
THEY WERE BOTH SOMEWHAT DRUNK.
That they Immediately began discussion
with John Kane, cripple, and friend of
defendant. That they asked Kane to put
up for the beer for them, and be did so.
That Harris threw himself upon the floor
and dared anyone to step upon him, or to
jump upon him declared that he was a
railroad car, and wherever he went he left
his mark" Kane told him he wanted
no trouble. Paquin the man in charge of
the saloon, demonstrated with Harris. and
made him get up from the floor. That Har
ris then came and stood near the card party
and made remarks, which caused Mr.. Zeller
to ask who the parties-Harris and Nc
Cants-were. Singleton replied, "They be-
long to the Tenth-street gang" 1t would
be shown that the Tenth-street gang was
bad, troublesome and hoodlum gang that
WENT ABOUT CHALLENGING AND HUNTING
FIGHTS.
After they were in the saloon few minutes
McCants beckoned Kane outside, and Har
ris followed. Immediately noise was
heard on the sidewalk, and the men in the
saloon went outside. Singleton spoke to
McCants, and told him he wanted no noise
nor trouble in front of his place. Harris
struck Zeller a powerful blow upon the
forehead, and the latter still bears the
mark. Singleton demonstrated with Harris
when the latter struck Singleton. knocking
off his hat Singleton stopped for his hat,
and when he Strengthened up saw
Zeller defending himself against Harris,
and he separated them. The crowd fought
and surged up K street toward Sixth, and
Harris assaulted John Kane. near the
stable. While Zeller was looking for his
hat he was again assaulted by Harris. The
deceased stepped back, threw his hand be-
hind him, as if to draw pistol, and said,
Damn you, will give you one anyhow r
Harris was to blame for all the trouble. He
assaulted Zeller, he assaulted Singleton, be
assaulted Kane. His third assault upon
Zeller was accompanied by that motion 81