Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-24
TELLER ON TRIAL
For the Killing of Henry Harris in Octo-
Der Last.

| Der Last.
Between IL and clock Sunday morn.
ing, October IL, 1885, Henry Harris was
shot on K street, between Fifth and Sixth
by Michael Zeller. The bullet entered the
upper part of the left side of the chest, neal
the median line, fracturing the first rib near
its junction with the breast bone, partially
seyering the subclavian vein, causing in
ternal hemorrhage. The young man was,
Immediately after receiving the shot, con-
veyed to the residence of his father, Len.
| Harris, Tenth street, between o and p,
where he died Wednesday morning, Octo-
Der 18th. The deceased was 81 years and
10 months DID, and the Coroner's jury
found =" that his death was caused by PTS
tol shot fired by Michael Zeller."
On Saturday, October 10Th, Zeller had a
preliminary examination before Police
Judge Henry. He entered plea of not
guilty, claiming to have acted in self
defense. He was held to answer to the
Superior Court, with bail fixed at s., 800,
which was Immediately given.
Yesterday morning the case came on
regularly for trial before Judge Van Fleet
IN Department One of the Superior Court.
The defendant is represented by Grove l..
cution consists of the District Attorney,
Henry L. Buckley, and Charles 7. Jones.
The impeachment OF a jury commenced at
10 A. NJ. At P. NJ. the entire venire had
been exhausted, and but ten jurors OBJ
famed Their names are as follows Geo.
Little, j. I. Chinnic, James Hamilton, Z.
Comstock, j. NJ. Oyermeyer, |. j. Darling,
James Jackson. j. Z. Parker, Clarence
Nelson, John Wolck.
Judge Van Fleet said it would be nee
essary TO issue venire for fifteen jurors,
returnable at 10 o'clock this morning.
Mr.. Johnson said that before the Court
made such an order he would like to be
heard. He would very much prefer TO
have the jurors drawn from the regular
panel OF jurymen. Neither the defend
ant, nor defendants counsel, believe this
defendant can have a fair trial if tried by a
jury secured by a special venire selected by
the Sheriff or any of his deputies, and if
necessary we will make an affidavit to that
effect
Mr.. Jones said he objected to the select
ing of the jurors from the box, as they were
likely TO be those residing in remote por-
tlons OF the county, and securing their at
tendance would cause unnecessary delay.
He did not doubt but that the Sheriff
would 90 out and get Il good jury He had
done So on every occasion, and the defense
had nine challenges remaining
MI. johnson said such argument was out
OF place. Suppose it does take few hours
or whole day. Here is man whose life
is trembling in the balance Here is a hui
man being on trial for his life. To secure
the ends of justice and promote fair play
we want the jurymen drawn out of the
box. What is the time of this Court or the
inconvenience of counsel in trial that
may take mans life away from him?
The Court said if ii thought that life or
liberty depended upon such action. he
would give II more consideration. He did
not think i'll could result in this case by
ordering special venire when the panel
was so near full
Mr.: Johnson-Then, your honor, / SUBJ
NIT the following affidavit, which has been
sworn to-
In the Superior Court, Sacramento County.
Cailiornla-The People VS.. NJ. Zeller-State of
California, County of Sacramento: NJ. Teller
being duly sworn says that he is the defendant
IN the above entitled action; that the SAID ac-
ton is now on trial, and the regular panel of
Jurynen mas been exhausted and the jury not
yet completed; that he is informed and believes
that the Sheriff of Sacramento county and the
deputies of said Sheriff, are biased and preu-
diced against this defendant, and that it viii be
dangerous TO the rights of defendant to permit
said Sheriff or any of his deputies to summon a
special yenire of jurors with which to complete
SAID jury, as defendant is informed and verify
oeileves that II said Sheriff, or any of his depu-
ties, summon said special venire he will sum
mon persons prejudiced against defendant.
And II said Sheriff, or any of his deputies
summon said special venire this defendant will
be denied and prevented from having a fair trial
wherefore, he asks that the special ven.re. or
rather that the remaining jurors, be drawn from
the regular list of jurors as named by the Super
Vlsors ior service as jurymen under Section DIG
OF the Code Of Civil Procedure. NJ TELLER
The Court denied the request and ordered
special yenire for fifteen jurors, return
able at 10 A. NJ. to-day He instructed the
Sheriff to be careful in his selection. and
get such good, representative citizens as
would refute the accusations of unfairness
made by counsel for defense.