Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-12-05
GLACKEN MURDER CASE.
ATTORNEY JOHNSON PROMISES SOME
SENSATIONAL TESTIMONY.
He Offers TO Prove a Consriracy by the
Elder Menke 10 Have Glacken
Killed OF.

with the murder of Tony MenAe some
weeks ago, was commenced yesterday be-
fore Justice of the Peace Devine.
The examination was set for 10 A. NJ,
but at that time Fisher had not put in an
appearance, so the case was continued
until the afternoon.
Before the recess was taken, however,
attorney Grove L. Johnson who, with his
sons, represent Glacken and Fisher, re-
quested the Court to instruct the elder
Menke and the latter's sons not to bring
weapons into Court He said be was
aware of the feeling that existed between
the Menkes and Glacken, and he consid-
cred it judicious to have them disaimed.
Assistant District Attorney A ]. Bruner,
who represented the prosecution, repii ed
by asking that similar instructions be
given TO Glacken and Fisher.
The elder Menke assured the Court that
neither he nor his sons were armed. and
that they did not intend TO bring weapons
into Court.
Glacken also stated that he carried no
weapon.
Judge Devine instructed all parties-all
Of the witnesses, and, in fact, every body in
the Court room-not to carry weapons dur
ing the trial. The Judge warned all pres.
ent that if he discovered that any OF them
had violated his order he would deal Sc.
yerely with them.
The first witness called in the afternoon
was County Physician White, who made
the autopsy on the body of Antoine Menke
He explained the nature of the wounds on
deceaseds body, and said that one OF them
W g. IL
narily, cause death in few minutes.
Mr.. Johnson asked witness whether
person wounded as was deceased would be
able to maintain a scuflle for some time
Mr.. Bruner objected to a Hypothetical
question at that time, ard the objection
was sustained.
DR.. J. II. Parkinson was then examined
as to the character of the wound received
by Glacken, the main object being TO de.
termine the direction taken by the bullet.
The witness YVES present when Glacken's
wound Was dressed and thought that the
point in the back, where the bullet entered,
was nearly ten inches below where it was
extracted.
a. Menke, father of deceased, was the
next witness. On the morning of the
shooting Glacken approached witness, near
the latter place, and asked if they could
not settle their troubles peaceably. Wit
ness replied that they could, and a CONVEX
sation then ensued regarding the terms of
settlement. They differed as to proper
division Of Giacken's hop crop, of which
witness claimed one-tbird. Angry words
ensued and Glacken challenged witness to
tight Witness son Antoine said to Glacken
that II there was to be any fighting he
would represent his father. Then Glacken
called to some men in his employ to come
and do up" the witness. Members of
witness family and hired men then assem-
bled on the scene, and hostilities were pre-
vented. Witness saw Glacken go to a
wagon and put into his pocket what
seemed to be pistol.
Witness referred to a threat alleged to
have been made by Glacken against de-
ceased and other members of witness
family, TO which Mr.. Johnson objected.
Mr.. Bruner argued the point, and the
Court permitted witness to state what
threats were made.
1t developed that the threats consisted
of defendant, Glacken, sending his little
boy to witness house about 8 o'clock at
night to tell the latter that his father
wanted him 10 come over, that he wished
to settle with the old Dutch -. The boy
said that his father was pacing the floor,
with money in one hand and a pistol in
the other and was greatly excited.
Mr.. Johnson cross examined the witness
with a view to determine the fact, as he
claimed, that Menke was not of sufficiently
sound mind to have clear remembra
of dates and facts.
The prosecution objected, and the obiec-
ton was sustained, on the ground that the
alleged fact should be proven by testimony
other than that of the wit2ess himself.
Witness admitted on cross examination
that on the morning Of the trouble alluded
TO, he had called Glacken red headed
---." He would not deny that
he applied the epitbet to Glacken before
the latter called him a similar name. He
denied that on that day he gave pistol to
his son, the deceased or that he knew he
had one.
Mr.. Johnson wished to prove by the wit
ness that on the day after the shooting he
drew pistol and shot at Glacken after the
latter had been wounded.
Mr.. Bruner interposed the objection that
the witness could not be forced to testify to
anything that might tend to criminate him
self, and the objection was sustained.
Mr.. Johnson said that if Menke had q
right to refuse to answer the question put
to him he had the same right to refuse-on
the same ground-to answer any of the
questions the defense might ask him. The
defense expected to prove before this case
should be finished, that Menke was at the
bottom of conspiracy to murder Glacken;
that he had offered money, even as much
as $40, 900, to have Glacken murdered; that
he had advised his own son to do it, and
that he had employed a Chinaman to per-
jure himself and tell story of the shoot
ing affray that plsced Glacken in false
light. They would develop enouAh on
their examination to warrant the arrest and
prosecution of the witness on charges
- 10, 70
Mr.. Bruner said he did not wish to be
Directing to all the questions that might be
asked, and wished the Court to instruct
the witness that he need not make any
answer thst might eliminate himself. In
der this instruction the witness refused to
answer several questions.
Mr.. Johnson then asked witness if he
told zee Bien, Chinaman, that men must
be got to say that they saw Glacken shoot
first al Tony Meake and then pul! him out
of the cart. He admitted that be had sent
Cinnamon to o. Brien's ranch TO see what
testimony could be given by Cinnamon
who saw the shooting.
Witness denied that his son George said
to him, at the time the body of deceased
was being removed, Father, for Gods
sake have some sense this is all your do
ingsn .
Isabel McTavert, who wss employed at
Menke's place, was examined regarding
the trouble between the Menkes and
Glacken on the morning of the day the
shooting occurred. She testified that she
heard Glacken call Merke "A Dutch = -
=" and say to his men, Come on, boys
we'll fight them r' Her story of the diff.
Guilty did not differ materially from that Of
Menke.
F. W. Menke was next called. He also
related what had occurred on the morning
preceding the shooting. His story was
about the same as that given by his father.
The examination will be resumed this
morning, and will probably consume the
rest Of the week.
MOHAWK VALLEY.