Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-12-07

anu, Wltl the PERMISSION Oh tue COuTt.
prove what he had charged against the
Menkes.
The first witness called by Mr. johnson
was E. B. Gribble He testified that he
was farmer and worked on Mr.. Edwar DIS
ranch in Suffer township. Knew the
Menkes, and remembered the day that
Tony was killed. He was working for
Menke at the time.
ION the morning of that day" continued
the witness, II saw fuss between old man
Menke and another man, whom l know
now was Glacken. Afterwards l saw Tony
Menke Furnishing pistol, and heard him
say that if he got into a place like that
sgain he would use his pistol. | don't
recollect what was said, but they were talk
ing right smart. / know viii Menke.
About week after the shooting saw WIN
and his father talking with Chinaman at
Tony 8 ranch. l heard VIII ask the China
man if be would swear that he saw Glacken
and Fisher jerk Tony out of his cart, and
saw Glscken fire the first shot. / would
know the Chinaman if saw him. He was
short and fat.
Mr.. johnson asked the witness if the
Chinaman he referred to was Yee Bear,
but Gfibbie said he did no! know him by
name.
TILT BETWEEN COUNSEL.
i. JOIuSbu li4Sl 6sAtd nm II 1C CIV Ct
heard tee elder Menke say anything about
having Glacken killed after the death of
Tony Menke.
This met with vigorous objection from
Mr.. Bruner, who declared that anything
that occurred after the homicide had moth
ing to do with the present case.
Attorney johnson replied that the Court
had previously allowed the defense to ask
Mr.. Menke If he had ever offered money to
have Glacken killed, and that Menke re-
fused to answer the question on the ground
that it would criminate him. Counsel
thought that the question now objected TO
was proper and admissible, as il would tend
TO impeach the testimony of Menke.
Mr.. Bruner replied warmly. He scored
the attorneys FOR the Ge'ense for trying, as
he said, 10 inte:jeCt testimony iulo the
case that was improper. He declared that
an effort was being made to blacken Mr..
MenBe, and make IL appear that he was a
relentless fiend who would pursue Glacken
to the gsllows if he could. The fact was,
said Mr.. Bruner, that others were Just as
interested in the prosecution of Tony
Menke's slayer as was the father The
widow, the brothers, sisters and friends of
the deceased were all interested in the
matter, and anxious to see Justice done
Mr.. Johnson replied in kind He re-
ferred sarcastically to the sudden burst of
virtuous eloquence from his young friend
on the other side, and denied the imputa.
tons Of that gentleman that there was an
effort to beSmirch anybody undeseryeGly
DE declared that that was not the way he
and his sons practiced Law. They were fair
and generous at all times TO the other side.
IN all transactions. and always intended to
be. He referred again to the fact that he
had made charges against MIR. Merke, and
he was not the kind of man to back down
when the time come TO prove his charges.
He never made charge that he could not
sustain. All he wanted nov was an op-
portunity to produce his evidence before
the Court.
Nj. BTu2er was about TO say something
more, when Judge Devine inteffered and
said he did not care to hear any more
spread eagle speeches He had heard
enough for ore day, and he rebuked the
attorneys on both SIDES for not combining
themselves to the legal points in tie case in
their arguments
Turning to the witness, Mr.. johnson
asked: Did you ever hear Mr.. Menke say
anything to the effect that he would give
| money to have Glacken killed p
Mr.. Bruner objected again, on the ground
that The testimony would be incompetent.
Then there was some dispute about the
shorthand notes, and as the Chinaman
zee Bean had just come in, the Judge de-
fsrred his decision on the point.
THINKS HE'S THE NAN.
Yee Bean was then brought forward
and Gribble vas asked if that was the man
whom Will Menke and the elder Menke
had a conversation with.
He looks to be the man." replied the
witness.
"No-mistake, said zee Bean.
Don't think So" replied the witness.
As the shorthand notes had not been
found Mr.. Bruner was allowed to 90 on
with his cross-ezsmination, but -rith the
understanding that if the Court decided in
their favor the defense could resume their
direct examination of the witness in regard
to what he had heard the elder Menke say
he would give money to have Glacken
killed
In answer to Mr.. Burners questions the
witness said be would not be positive that
Yee Bean was the Chinaman be saw talk
ing with the Mepkes, but he looked to be
| the man. He said it was in the forenoon
that the conversation took place. Witness
said he was hitching up horse at the
| time.
Gribble was then excused and the ruling
! OF the Court on the question involving the
! shorthand notes was discussed again. Fl.
/ A1u1lJ 'iOncfS1i IL W CSIceu W d4iUW LDIs
matter to go over until Monday for de-
cision.
| Ed. Manlove was next sworn. He testi-
| fed that he knew the Menkes and Glacken.
| On the morning of the tragedy witness
| heard wrangle between the elder Menke
| and Glacken. They called each other vile
names and then VIII Menke took eff his
coat and started after Glacken, who ran
down the railroad track. VIII followed
| him about 100 yards and then came back.
Will then said that be expected to meet
| Glacken in the city in couple of days and
| he would give him thrashing.
The cross examination DEVELOPED moth
+ ing new.
WILL MENKEs ALLEGED THREATS.
s. B. Slight, commercial traveller, was
| the next witness. He stared that he knew
| the Menke family, and knew Glacken by
sight. He met Will Menke shortly afier
| the tragedy and had a conversation with
him.
The prosecution objected to the witness
| detailing the conversation. for the reason
| that proper foundation had not been laid
for the question, and that it was not proper
| cross examination.
Mr.. Johnson then called Will Meuke
and asked him if he had ever made any
threats, or had ever said that he would fill
| Glacken full of holes.
Mr.. Menke said he did not remember OF
ever having made such remark.
Slight then resumed the stand and said
that Will Menke did say he would FIJI
Glacken full of holes. In detailing the
conversation Mr.. Slight said they were
| talking of the shooting, and Will Menke
| said: John is a - - -; he has
abused my sister and he has killed my
brother, and I'll fill him full of holes yet. y
Mr.. Bruner asked that this be stricken
| out of the record, because the alleged con-
versation detailed was not the same as
that about which Will Menke was CUES
toned. That is, according to Mr.. Sights
statement, Menke said he would fill
John" full of holes whereas Menke was
asked if he said he would fill ''Glacken'
full of holes.
DENIED IT AGAIN.
Will Menke was then recalled again by
the defense, and said he did not recollect
ever having said he would fill John" full
of holes He add=d, however, that he
might have spoken hsrshly of Glacken for
whipping his sister, and he would say that
again to Glacken's face.
Slight took the sand again and reiter-
u