Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-12-09
FISHER TESTIFIES.
BE RELATES THE STORY OF TONY
MENKEs TRAGIC DEATH.
He swears that Menke Fired the First
and Second shots-Glacken's Son
on the Stand.

j. Giacken and Charles Fisher, charged
with the murder of Antoine Menke, Jr., in
September last, was resumed before Justice
OF the Peace DeVine yesterday.
The entire day was consumed in the tax.
ing of testimony for the defense. GIacken
was on hand as usual with his attorneys
Grove L. and Hiram Johnson. Fisher
made his first appearance in Court since
the trial began, in the afternoon.
Adm Barker was recalled to the Witness
stand for cross examination, by Assistan,
District Attorney A. J. Bfuner, when
Court convened. He stated that since the
shooting he had visited Fisher a number
of times in the County Hospital bu.
wholly of his own accord, and not at any
ones solicitation. On the morning of the
day of the shooting. when the Menkes and
Glacken had a difficulty, witness did not
see Glacken draw revolver. Glacken.
he thought, appeared more frightened than
angry. He ran away when the Menkes
pursued him, and did not come back.
When the elder Merke returned from the
pursuit, he spoke disparagingly Of Glacken,
and said he ought to be killed. Witness
denied that he ever said to Frank Willard
or anybody else, that if Glacken did not
settle up with him to cent his testimony
would go hard against him.
STILL IMPEAcHING THAT cHINAMAN.
P. NJ Robinson, of Reuters Station, tes.
tilted that he saw John J. Glscken at
Perkins about P. N. on the day of the
shooting. When witness left Perkins he
went along the railroad track distance of
six miles. He saw Glacken near the scene
of the tragedy, but did not see Chipaman
on the railroad track,
John Carney, the next witness. wes asked
If, shortly after the shooting, he heard
George Menke accuse his father of being IN
blame for all the trouble.
The prosecution objected, however. and
Garvey was not allowed 10 answer the
question,
William Carney, brother of the preced-
ing witness, related a conversation he HAD
with Tony Menke two days prior to the
tragedy. Tony said something about hay.
ing abused his wife (Tony's sister,, and
then declared that Glscken had better look
cut, as be had as good pistol as Glacken
and was just as good shot. Witness went
on TO state that after the shooting he as
sisted Glacken into cart and took him
home.
Attorney Johnson asked him what hap
pened on the way 10 Glacken's house, but
Mr.. Bruner objected.
Mr.. Johnson explained that he desired to
prove that, while Glacken was being taken
away in an apparently dying condition, the
elder Menke pursued him and shot at him.
The Court, however, would not admit the
testimony, on the ground that it had moth
ing to do with the present case.
Thomas T. 0Brien was recalled. and
questioned about the condition of. the road
at the place where the shooting TOOK place
be testified that il was almost level at that
point, but ne did not know if the sides Of the
road, where the sidewalks should be, were
higher than the road itself.
WILL MEERE's PISTOL.
William Boles was the next witness
called. He was asked If, on the evening of
the shooting he had not taken pistol
from Will Menke. brother of the deceased,
but the prosecution objected.
Mr.. johnson argued that as Will Menke
had denied on the witness stand that he
was armed on the day of the shooting, ties.
timony tending TO contradict this should
be admitted. Mr.. johnson said he wanted
10 prove that the whole Menke family and
Its retslneIs were armed that day.
The objection was sustained and the
witness was excused.
Tom Scott the sanitary engineer" was
then called TO the witness stand. He testi-
fed that in September last he he'd con-
did not know which one it was, but
SOught it was Will-in a saloon on
street. Several other gentlemen were pres
ent, too.
Mr.. Bruner objected to the witness Civ
ing the details of that conversation, but
the Court denied the objection.
Mr.. Scott then proceeded to relate that
he was telling Menke ana the others how
he hit fellow in the Jaw" when Menke
suddenly produced pistol from his poke;
and opening it. rolled the cartridges out
upon the bar. Witness told Menke to put
the weapon away. Then Menke said, CAN
right; but just wait until you hear about
our little picnic"
At this jnncture viii Menke entered the
Courtroom and the witness identified him
as the man he had conveTsed with.
AFTERNOON SESSION.
AT the afternoon session CITY Attorney
Hart was put on the witness stand for the
purpose of proving that All Mong, the Chi
nese witness who testified that he wit
messed the shooting, had committed per-
jury.
Mr.. Bruner, however, objected to the
testimony as being irrelevant and the Court
sustained the objection.
Mr.. Hart was permitted, however, TO
testify that he was acquainted with the
Chinaman, and had done some business
lOr Dlul, ana IlAt was all
Willie 'Glacken, the 16-year old son oil
the defendant, Glacken, was called 10 the
stand, for the purpose of impesching the
testimony of the elder Menke-who stated
that the boy came to his house and said that
his father had told him to go and tell the
old Dutch TO come over, as
he wanted to settle with him. The boy
proved a disappointment, as he admitted
that what the elder Menke had testified to
7 81 L y.
Mr.. Johnson that Menke had lied.
On ross-ezamination, the boy said that
on the night his father sent him over to
Menke's his father was walking up and
down the room with pistol in one hand
and 8 sack of money in the other, and sp-
plying vile epithets to Menke
Attorney Hiram johnson subjected the
boy to a severe questioning, and Mr.
Bruner interfered IN his behalf, saying
that the defense had no right to discredit
the testimony of their own witness. The
Court, though, permitted Mr.. johnson to
go ahead.
the boy stated that g. was at present Twins,
with his grandfather, Mr.. Menke. He de.
MED that Mr.. Menke had told him to ties.
tify to anything but the truth. He admit
ted that he had had long conversation
with VIII Menke yesterday, but Menke
Deputy Constable Frank Swift, Jr.. took
the witness stand, and testified that the
general reputation of All Mopg. the Chi.
nese Witness was bsj, and that ne would
not believe him under oath.
FISHER on THE STAND.
A short recess was here taken, as Charles
Fisher, the other defendant, had not vel
arrived from the County Hospital. Fis6e,
arrived about ten minutes later. and wa,
placed on the witness stand. He was very
thin and pale, and moved about with great
difficulty.
He testified as follows NV name i,
Charles Z Fisher. ! was present az Mr.
Menke's railroad switch near Brighton or
the 18th of September last, when Glacker
and the elder Menke had difficulty.
was assisting in loading car with hons
when I heard loud talking, and looking on
of the car saw the elder Menke with ,
rock in his hand. He called Glacken an
Irish - -, and was following
him. Glacken came over to where was
and I told him to go home. When ht
started away VIII Menke and the old MAJ
started after him, and followed him shor