Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-05-16
Mr.. Wheeler and the girl, Blanche Rivers
| Wh0 were in rnOm 2 At tho tirna

Mr.. Wheeler and the girl, Blanche Rivers,
who were in room 2 at the time.
Mr.. Delmas then exhibited a cuspidore
which the witness recognized as the one
which was in the , DOM at the time of the
shooting. He said it was not the article
against which his foot had struck, and also
said, upon being shown castor, that be
could have kicked that all day and it
would not have hurt him, but what he did
strike against caused him pain for an hour
afterward
Mr.. Chenowith said he had had dis
cussioE with an attache of the Morgue
about which arm of the deceased the bullet
struck. Il maintained that it was his
right arm" said the witness. land that ex-
planned how it was that I came to strike
my loot against the pistol on the floor"
Mr. Delmas then had the witness recite
q conversation which took place between
him and Detective Lees in the saloon after
ward about the second pistol. Captain
lees manner gave me the idea that he put
little faith in the story told him OF the
second pistol, = said the witness.
Charles Roberts testified: Am step
brother TO Sagness. He never carried q
pistol on his person. He possessed pistol
which he kept in wardrobe in mothers
house, $50 fage street. Was in the house
the night of the shooting. Saw the pistol
lying in the wardrobe about l0.S0 that
night.
Frank ROBBERS testified, Am step.
brother Of 'Garncss, deceased. We slept to.
gether for ten'years. He had pistol, but
did not carry it. Saw it in the bottom of a
wardrobe we used together On the night OF
January Both last Saw brother Charles
take it out of the wardrobe that night anG
ltyiv DOL DrO> hor fDscroI h,
and bailiff was instructed to remove the
cartrSdges.)
AFTERNOON SESSION.
AIRED Roberts was the first witness
called this afternoon. He testified: Gar.
ness had pistol, but he never carried it
He Kept it in wardrobe. Saw it there
| after we returned from seeing the dead
body of Garness in the Morgue. Witness
identified the pistol ia Court as that belong
| ing to Garness.
1--WE rest our case" said counsel for the
prosecution.
I'm. E. Wilson, of counsel for the de-
Tense, then began his opening argument to
| the jury, stating what the defense -eE-
pected to prove. He said: eve are not
! begging mercy, but ask justice. We will
produce evidence that must appeal to the
sympathetic heart of every honest man.
gardlng the shooting. We will show that
the defendant does not belong to the,class
of our citizens termed criminals We will
show you that he is one of the builders of
I'this State. His reputation is the brightest
| and best. His reputation for peace and
lquietness is of the best, and he is in every
| respect worthy man. We will show this
| fact by scores of witnesses. We will dis
| close to you a full detail of this mans life
He was born in Paris, KY, in 1885, His
father was Judge of the Circuit Court. At
| the age of II he went to Missouri, re-
manned there two years. and then came to
California. He worked as a farm hand in
| Solano county and also in Colusa county;
In July, 1858, he went to Frazer river.
Returned to Colusa in 1858. He bravely
| commended with all difficulties. He saved
| from his bard earnings on farm S., 900.
and took it to his mother in Kentucky. In
1869 he took up swamp lands, which the
following year were flooded and he losing
all. A friend advanced him money for a
new start. Bought band of sheep in
Oregon, all of which he lost the following
winter. In 1875 he was elected Sheriff of
Colusa."