Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-26

Walsh, Mat. aieManus, Archie MenZes. A
j. Senate, ?. w. Cafferty, c. W. Baker,
John Dolan, Robert Dolan, Thomas Dolan,
Thos. Mcdonald, James Fogarty, Thomas
Consolation, n. Levy, Ed. Baby, G. Woods
Minnie Mead, James Perry, B. Shields.
Mrs. Richardson, Louisa Hancock, John S.
Doran.
Charles I. Jones made the opening state
ment to the jury, detailing the occurrence
about as was published in Wednesday
RECORD UNION.
THE EVIDENCE.
DR.. NJ. Gardner, physician and sur.
geon, was the first witness called. He at
tended deceased Immediately after the lat
ter was shot, and also assisted at the pos
mortem examination. He described the
wound, and stated that it was necessarily q
fatal one. Death was caused by internal
hemorrhage.
Michael Mccarthy said that on the night
of the shooting he was returning from a
party, and saw crowd in front of the
Pacific Hotel, going toward Sixth street.
He went TO the crowd, and saw two men
clinched, apparently fighting about dog
Harris was down, and a man on top of
him. He took the man off of Harris. and
Singleton led him toward Sixth street.
Harris started to chase little dog. Witness
did not see Zeller at that time. When Harris
came back chasing the dog witness heard a
shot. Quick as he heard the report of the
pistol he turned and saw Harris standing
in the street with his hands to his breast.
Did not see who fired the shot. Witness
ran into the saloon on the corner, and
afterwards went down to Kohne's saloon.
Knew the defendant, bui did not see him
that night. Did not hear Harris say any,
thing after he was shot
Cross-eXamination-W ON Fifth street.
near the entrance of the French restaurant,
when he first saw the crowd. Went over
there; saw Harris and another man elinch.
and helped Dick Singleton separate them.
Prior to that was in the Jumbo saloon and
took some drinks. Was not under the III
fiuence of liquor
George T. Bealer said ne was IA wears
of age. Was working at that time at the
Metropolitan Theater, assisting the property
man. After the theater was out went to a
party, and happened to come along on X
street at the time of the difficulty Saw
some men come out of the Pacific Hotel,
and others came out of the saloon on the
corner. Went across the street and stood
in front of the jewelry store. Saw Henry
Harris on the sidewalk in his shirt sleeves.
Saw some man with pistol in his hand.
Could not see the mans face. Some men
were holding his arm up in the air Harris
stood with his hands at his side when the
shot was fired. Harris immediately ran
out into the street, and up Fifth to ]. Saw
no fight. Did not see Zeller that night.
After the shooting went directly home
Cross-examined-M father is watch
man in the employ of the railroad com
pany. Can remember the circumstances
just as well now as at the preliminary ex-
animation. Nathan Levy was of the party,
and stood about eight feet from me when
the shot was fired. Heard Harris say he
wanted to fight" just before the shooting.
He pulled off his coat and threw it upon
the sidewalk. The first person witness
told about the occurrence was his father
and mother; talked about it with Nathan
Levy on his way home that night. He
said the first man that came out of the
saloon he did not know. He afterwards
admitted that he bad testified before Judge
Henry that it was Harris. Other questions
and answers were read to him from his
testimony at the preliminary examination,
which he said were not propounded to
him and were not his answers. His en-
tire testimony was reviewed
On redirect testimony he said he left
Immediately for home after the firing of
the shot