Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-12-14
NEARING THE CLOSE.
IN THE GLAcKEN-FIsHER
CASE ALL IN.
The Defendant, Glacken, Under Cross
Examination-Fisher's Dying State
ment-The Widow Testifies.

The preliminary examination of John
]. Glacken and Charles Fisher, charged
with the murder of Tony Menke in Sep.
| TENDER last, was resumed before Justice of
the Peace Devine, yesterday.
Fisher was still at The County Hospital
and unable to attend Court, but Glacken
was on hand as usual wi his attorneys,
| Grove L. and Hiram johnson.
Deputy District Attorney Bruner repre-
sented the prosecution.
Glacken was placed on the witness-stand
for cross-examination. He went over the
details of the trouble he had with the
elder Menke on the morning of the day of
the tragedy. They conversed in friendly
manner at first, but soon became involved
| in dispute over the proceeds of some hops
| that bad been Sold The elder Menke pot
mad and applied vile epithet to the de-
PENDANT. MeEke then picked up rock
and started after him, and he (Glacken) re-
treated. Tony Menke, who was sitting in
a cart at the time, called out to the defend.
| ant to tackle him"
Referring to his trip into town that
morning Glacken said he made the trim
because he had seen the elder Menke 90
into town. and he hoped to meet him and
effect settlement, if possible. He pur-
chased a new pistol on that day. He gave
Fisher his old one to take home fer him,
When we met Tony on Our way home
that afternoon, continued Glacken, my
first thought was to have talk with him,
with the hope of getting him to help me
out Of the trouble with the old man. I
told him that | thought he ought to help
me because he had been partly the cause of
the trouble. Tony said, You're -
liar and Immediately jumped out of his
cart, and, drawing his revolver, began to
IRE at me. threw up my right arm and
the ball struck me on the wrist. Fisher
then ran between us, and Tony shot him.
Then, as l saw Tony was going to fire at
me again, drew my revolver and shot at
him. fired two shots, and I'm positive
that Tony fired three or four shots. We
were the width of the cart apart during the
shooting, and neither of US advanced
toward the other"
Antoine Menke, ST., was then placed on
the stand by the prosecution, in rebuttal.
he was asked regarding the witness Crib
BILE, and in reply said that Gribble had
been employed by him, but was discharged
on October I'd.
The defense made an objection to some
OF Menke's testimony, aud the stenographer
was instructed to read the statement of
G.ibble. The objection was sustained, and
the Court took recess until 1:30 P. NJ.
AFTERNOON SESSION.
At the afternoon session Mr.. Menke re-
sumed the witness stand.
In answer to questions by Mr.. Bruner,
the witness positively denied the truth of
the statement made by the witness Gribble,
to the effect that he had overheard con-
versation between Will Menke, his father
and Chinamsn named zee Bean, in which
the Menkes were alleged to have offered
the Chinaman money for certain testi-
mony.
Attorney Grove l. johnson objected to
the testimony, and the point was argued.
Mr.. Bruner said he proposed to prove
that no such conversation could ever have
taken place. that Gribble was not on the
Menke ranch at the time; that he could
not have been hitching up any horses at
the hop-bouse, as be testified, for the rea-
son that the house was filled with hops at
the time, and no horses were kept there at
the time.
The Court allowed the question and Mr..
Menke testified as outlined by Mr. Bruner.
In answer to Mr.. Johnson's questions
however, Mr.. Menke said that il was pos.
sible that his instructions had been disc.
beyed without his knowledge, regarding
the keeping of horses in the hop house
barn.
George H. Clark, Deputy Coroner, was
the next witness recalled by Mr. Bruner.
He stated that he was present when the
defendant Fisher made his dying state.
ment. He found Fisher on rough couch
in Glacken's barn. Witness spoke to him
and Fisher said he thought he was going
to die. Witness questioned him and put
his replies down on piece of paper.
Fisher was conscious, but was suffering
great pain, and his sentences were discon-
nected. There was little difficulty in I'M
derstanding him, and witness thought his
mental faculties were all right. Fisher
signed the dying statement, and pronounced
it correct.
The statement, it will be remembered,
Fisher did not recognize when shown it
on the witness-stand. He did not think he
had signed it, nor sworn to the facts con-
tanned therein.
William Wenteroth testified that he was
employed by the elder Mr.. Menke, and
during September last he was foreman of
Tony Menke's ranch. At that time the
horses were kept in the big barn - on
Tony Menke's ranch, which barn is about
| fifty steps from the hop where the
| witness Gribble testified he was hitching
horse and overheard a conversation be-
tween the Menkes and the Chiuaman, zee
Bean. The witness stated that the witness
| Gribble never worked on Tony Menke's
ranch, and was not there on the day the al
| legged conversation with zee Bean took
place. He had only seen Gribble few
times, and that was when the latter came
| to haul watermelons.
On cross discrimination the witness said
person might have come on the ranch
| and gone away again, without he having
seen him.
Charles Flohr, the gunsmith, was called
4 to the stand and asked by Mr.. Bruner il he
had made an investigation as to how close
clothing would take fire from shot from a
3Scsliber pistol similar to that owned by
Glacken.
The defense objected strenuously, on the
ground that such testimony would not be
rebuttal and should have been offered dur
ing the direct examination.
Mr.. Bruner said he wanted to show that
Glacken's statement that he was behind
| the cart when he fired at Tony Menke was
untrue. He would show by Mr.. Flohrs tes-
timony that in order to set fire to clothing
such as Tony Menke wore when killed, the
| pistol must have been held within one foot
of the deceased when the shot was fred.
| Hiram johnson left the room to get some
authorities in support of the objection made
by his father, and pending his arrival the
Court deferred its ruling.
Louisa Menke, wife of the deceased, was
placed on the stand in the meantime.
She was asked if her husband had ever
used his pistol before the day OF the shoot
ing.
The defense objected, bat after lengthy
argument the objection was oyerruled.
The witness then replied that two or
| three days before the shooting her husband
had shot at dove with his pistol and then
put the weapon in bureau drawer, where
it remained until the morning of the shoot
| ing.
Hiram Johnson had now arrived with
his law books, and the argument on
Mr.. Flohr's testimony was resumed.
Judge Devine finally ruled out the testi-
mony and Mr.. Flohr WIS excused
Frank Willard, who lived at Brighton,
| was the next witness. He was asked By
Mr.. Bruner if he had heard the witness
Barker say, in Glacken's hop house, that
if Glacken did not settle up with him to a
cent, his testimony would go hard agains;
| Glacken.
| Objection overruled.
| Wizards reply was that Barker had
made such g statement to him.
! Barker denied this in his testimony.
| William Menke was next recalled and
ask ed If he had eyer made prnnosition IN