Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-12-06
RATHER SENSATIONAL.
A WITNESS IN THE GLACKEN CASE
CHARGED WITH PERJURY.
But the Witness Slips Out of the Court.
room Before Arrested Proceed
ings in the Murder Case.


in Justice DevInes Court. The first wit
ness called was F. W. Menke, who Yves on
the stand when the Court adjourned on
the preceding evening. He was cross ex.
amined by Mr.. Johnson, who asked him il
he told man named McGregor, after the
witness brother was killed, that he would
kill Glacken on sight.
Before Mr. Bruner could object the wit.
ness answered mo-"
Mr.. Bruner, however, objected to any
such questions, on the ground that any
threat made by the witness or any other
person other than the deceased was no,
evidence in the case.
Mr.. Johnson argued that the testimony
was admissible, as tending to show tina,
the witness was prejudiced against the de-
PENDANT.
The point was argued at length by A. ]
Bruner and Mr.. johnson, the former citing
authorities in support Of his position.
District Attorney Elwood Bruner entered
Just then and participated in the discus
sion.
Justice Devine held. that the question
was admissible. The witness had already
replied in the negatively
The witness, in reply to another cues
ton, said he entertained no particular an.
mostly toward Glacken, but did not fee
friendly enough to speak to him, an6
wanted nothing t. do with him.
The prosecution next called Deputy
Sheriff ?. r. Beckley, who testified to hay
ing served attachment papers on Glacker
on the morning of the tragedy, and on hi:
way back TO the city met Antoine Menke
the deceased, on the road and had con-
versation with him, but was not permitted
to relate the conversation.
The prosecution said it was merely de.
sired to identify the deceased, and also tc
describe the vehicle in which he was trav.
cling
The witness was permitted to describe
the man and vehicle, but was not al.
lowed to relate what conversation passed
between them.
Charles Flohr. the gunsmith, testified
that on the day Menke was killed Glacken
purchased of witness a IS caliber Colts re-
volver of the double action model.
Thomas F. 'Brien testified that on the
day of the shooting he saw Glack en- Fisher
and deceased on the road in front of Glack-
EMS house, near Perkins. This was Just
before o'clock il the evening, and witness
was about leaving his place for town.
Menke was in his cart on the side of the
road, his body bent forward. Glacken was
standing on the ground by the side OF
Menkes cart, and Fisher was standing by
his side. Witness heard no loud or angry
talking, and saying Good evening, gentle.
men," passed on his way down the road
Shortly afterward he heard a couple Of
shots, but paid no attention to them, as
gunshots are frequently heard in that 10.
cality. The road was rough, and his We.
hicle made considerable noise, so that the
reports did not sound very loud, and he
thought nothing of them.
On cross examination witness said he
saw no person in the vicinity, but a little
farther down the road he saw drunken
Indian. One of witness Chinese work
men, All Hong, was about 100 yards be-
hind him in leaving the place; he was
driving team with a loaded wagon, anC
there were q couple of others helping him
load.
0n redirect examination witness sale
he did not know just how soon the China
man left the house after him: witness sup
posed he wss coming right along. There
were four Cinnamon in witness employ.
Sheriff McMullen produced the weapon:
taken from Glacken, Fisher and Menke
the deceased, and they were identified by
Constable Fey. The Glacken pistol haG
two empty chambers and Menke's four
Fishers pistol had not been discharged.
AFTERNOON SESSION.
Mr.. Fey continued his testimony in ths
afternoon. 81 found the body of Tony
Menke on the road" he said, "about te1
feet from where his cart stood. Fisher
was lying on the other side of the roaC
about forty five feet from Menke's body
Menke was dead, and his shirt was on FIR,
the sleeve of the shirt. l found a gray
buster in the road, and think it belonged
to Menke. Glacken was lying about thirty
feet from Menke in westerly direction.
On cross-examination Mr.. Fey said b,
arrived at the scene of the shooting abou
three minutes after the tragedy occurred
Fifteen minutes later he was at Brighton
telephoniDg for the Sheriff.
Now" said attorney Hiram Johnson
"did you at any time after the shooting Sc
any Cinnamon in that vicinity, on the rail
road track or on the -oad?"
mo. sir, did not, was the reply.
Would you have seen any if they ha'
been there"
II think I would"
Mr.. Fey, continuing, said he found sew
eral men, not Cinnamon, at the scene O
the shooting when he arrived, and he toll
them to remain there while he went t
Brighton, as he knew they would
wanted as witnesses. The only person vii
ness met on the way to Brighton was Gee
Menke. Later the elder Menke put in a
appearance, and the witness took hold {
him. Glscken at that time had been take
away.
why did you take hold of him?" aske
Mr.. johnson.
District Attorney Bruner objected, br
Judge Devine allowed the question.
Mr.. Fey then replied that be seize
the elder Menke because the latter had
pistol in his hand
The witness went on to state, in ansT
to further questions, that he converse
with Glacken Immediately after the shoe
ing.
The prosecution objected to the witne
giving the conversation, and, after the poll
was argued by both side, Judge Deyine gu
tanned the objection.
when the Sheriff arrived" resumed Il
witness we went over to the ED
Menke's house and got his pistol. We d
that because we heard that a shot had bee
discharged from it." The witness was e.
planning that he had been told that Il
elder Mepke had shot at Glacken when Il
latter was being taken home, but Il
prosecution objected to it as being incor
petept, and the Court sustained the 0
lection.
The witness was asked if, at the Cor
ner's inquest, he had testified that Fish
told him that Tony Menke fired the fl
shot, but the prosecution objected aga
and the objection was sustained.
In answer to questions from the Cot
Mr. Fey reiterated his former testimol
with reference to seeing no Chinaman
the railroad track. He added, howevu
that IL was possible that persons NAV ha
been in the vicinity without his hsvi
seen them.
Mr.. Fey was excused from the whine
stand and the prosecution called All Nor
by whom it was expected to prove Il
Glacken was the aggressor in the trout
and had fred the first shot. 1t was on
statement of this witness, principally, Il
the charge Of murder was placed agail
Glacken and Fisher.