Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-12-09


over to me and said he was shot. l said l
was shot, too, and he said to have courage
aad we would get home all right. | did
not do any of the shooting, and did not
even draw the pistol Giacksn had given
me.
cRoss-EXAMINED.
On cross examination Fisher said he was
Al years of age and was born in Germany.
He went to work for Glacken in August
last. He denied that Glacken ever asked
him to act az his body-guard or to look
after Glacken's interests with reference to
the Menke family. He did not know,
prio- TO the day of the shooting, that there
had been any trouble between Glacken and
the Menkes. Only took one drink on the
way IN from the ranch that morning.
Stopped at Corbin's saloon when we ar
rived in town and took two drinks there.
Glacken left MIN there. They started for
the ranch about o'clock in the afternoon.
When Glacken gave witness the revolver
he did not say anything about the proha.
bility of having to use it. He only asked
witness to take it home. After they ar
rived at Glacken's ranch they found a
Deputy Sheriff there with attachment
papers. Glacken then suggested that they
drive back TO town and attend to the at-
tachment business. Witness did not re-
member how long he remained at Glack-
ems house before they started back to
town.
II never thought about the pistol being
IN my pocket when we got out to the
house, continued Fisher, land did not
think to leave it there. 1t was still in my
pocket when we started back. Glacken
was not excited when we drove back, and
be did not say anything to me about the
al 70 n -fo D.
the way in town. Glacken was perfectly
sober, and so was l. l did not see any
other persons around when the shooting
took place. was not expecting any trouble
and was not looking for anybody. | think
we both stopped our carts az the same time.
Glacken was talking with Menke only a
minute or so when got out of the cart and
walked over. Tony Meuke was excited
and talking loud, while Glacken was cool
and collected. | got out of the cart because
l thought there was going to be trouble. l
don't know what they were talking about.
! mad not reached Tony's cart when Tony
jumped out and drew his revolver. Glacken
was only four feet from Menke when the lat
ter fired the first shot. Glacken then jumped
hack and Menke fred the second shot,
winch struck me. | don't know who fred
heother shots because bad CROUCH and was
was because | tried to get between Glacken
and Menke. l could see it in Tony Menke's
face that there was TO be trouble. and
thought that if l got between them he
would not shoot. | did not see Glacken
take of his coat and
DARE MENKE TO FIGHT,
And did not see Glacken pull out his re-
yolVer. After l was shot l heard some
more shots, but don't know how many, nor
who fred them. l saw Tony Menke fire
both shots that l have testified to. l don't
Know whether or not | made dying dec
iara'ion, in which ! stated that Glacken
gave me pistol because he had new one
and was having trouble with bis kinfolks.
don't remember having made any dying
declaration
This concluded the examination Of Fisher.
and ne was taken away in carriage.
j. b. Harris. Bee reporter, was sworn
and testified that ne had ascertained the
height Of Giacken and Fisher. Fishers
height, he said, was six feet two inches.
and Giacken's five feet ten and one-half
inches. This testimony was for the pur-
pose OF further impeaching The testimony
OF the Ch;naman, All Mong. who described
Glacken as the tall man" and Fisher as
the lean, small man.
mary NelSoD, VINO was IN the en- plOy OF
Glacken prior and at the time of the shoot.
ing, was called, and asked if, on the night
before the shooting she saw Glacken with
a revolver in his hand, and heard him tell
his little son to go over to the elder Menke's
house and tell the Dutch TO
come over, as he wanted to settle with
him. The witness replied in the negative.
Attorney Hiram Johnson then took the
stand, and testified that on Saturday he
and the defendant, Glacken, talked with
the latter's son, Willie Glacken, in front
OF the Courtroom, and the boy stated en-
pha.ically that he had never told the elder
Menke that his father had referred to him
as Dutch - --, as Menke had
testified to. Mfr. johnson said he asked
the boy several times about it, and he re-
peated it each time, so that there was no
mistaking what he said
At the conclusion Of Mr. Johpson's tes.
tlmony, an adjournment was taken until
Thursday morning, as Mr.. johnson could
not attend to-day, on account of other i'm
peratiye engagements.