The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-08-06
prosecution. He wound up by sustain
ing the objection
A recess was then aiken until o'clock.
M0Tro,c M rrcATrce

prosecution. lie wound up by sustain
ing the objection.
A recess was then AIKEN until 2 O'Clock.
MOTION TO DISMISS.
At the afternoon session Mr.. Buckley
explained that he was ready to close for
the prosecution, with the exception of
one more witness, who had been sub
penaed from San Francisco, but who had
not put IN an appearance. MIR. Buckley
said probably a statement of what this
witness would testify to would be ad-
united by the defense.
Major Gett objected to this, but said a
deposition could be put in after the de-
Tense had gotten through.
Mr.. Buckley did not want to proceed
without the absent witness testimony.
After some argument an amicable
course was agreed upon, it being decided
TO admit keliy's evidence after the de-
Tense had gotten through.
Major Gett then moved that the pro-
ceedings be dismissed. The threatening
OF ones lie Is not public offense under
the law, he said. The offense had simply
been threatened. But under the law a
person who makes such threats NAV be
examined, and if the court has lust rea-
son TO believe that the threats are liable
to be carried out he may orderthe person
making the threats placed under bonds
to keep the peace. Unless such belief
is arrived at the defendants must be dis
charged. If Wichers was guilty of any
thing, said the attorney, it was of dis
turbing his wife's peace.
Mr.. Buckley disputed this. He said it
was true that Wlchers might be guilty of
a disturbance of the peace, but he was
also guilty under the evidence so far
of threatening to commit murder.
The court denied the motion to dis
miss.
wICHERs' CHARACTER.
}. L. Kercheyal was called by Mr.. Gett.
and testified that he had known Wichers
Tor ten years, and knew that his reputa-
ton for peace and quiet was good.
Charles Gyrmann said he was at the
"Dew-drop" saloon on the 18th of July,
when Mrs. Whicher's came there and
took her husbands team. He was play
ing crib with Wichers. Wichers was
not under the influence of liquor. Wich-
ers bore good reputation at Walnut
Grove. Mrs. Wichers ran the butcher
business there he said. and her husband
worked for her.
John Miller said he met Wichers on
the evening of the Fourth of July, shortly
alter the family row. The witness passed
Mrs. Wichers on the road driving the
team, and a little later met Wichers
walking. The witness saw that WicherS
was mad because he had to walk home.
Before leaving the stand the witness tes-
titled that Wichers bore a good reputa-
ton.
FITZGERALD IMPEACHED.
Alexander Brown testified that the wit
ness Fitzgerald told him he was not sure
whether " ichers said to his vile: II
ought to shoot you,' or II will shoot
you" Fitzgerald said, however that
when 1t came To swearing in court he
would say that it was the latter state
ment. On crosse Examination Brown said
he bought out the Wichers butcher bust
ness recently, so as to get them out of the
nelghborhood and stop their fighting
Mrs: Wlchers had been divorced rom
her husband once but remarked him.
Deputy Constable William Brissel was
next called by Mr.. Gett, for the purpose
OF showing that he was employed by Mrs.
Nlchers to dig up teStimony-not for the
case on hearing, said the attorney. but
for the coming divorce case.
The prosecution objected, and Mr.. Gett
went on another tack. In answer to his
questions Brissel said he was in the en-
ploy of Mrs. Wichers to protect her and
her property.
DO you hire yourself out as a fighting
MANI" asked Major Gett.
If you've mind to put it that way
yes" replied Brissel. 81 don't think
you ought to insult people, though" he
added, shaking his finger at the young
attorney.
Pm not insulting people," said Mr..
Gett, with emphasis on the last word.
Brissel said he was with Mrs. Wichers
a great deal, but did not have to do any
lighting for her. She was afraid Wichers
would XIII her, but did nothing.
William Holttum testified that Wichers'
reputation was good and the prosecution
admitted that Z. Damn. Neal Mcqueen.
Mrs. Clara B. Lord, Mrs. S. S. Sharp,
Richard Bramlet, Henry atkins, o. 4.
Lindsey, Sperry Dye, William Arm
strong and A. c. Wiley would give sim
liar testimony. These witnesses were
therefore excused without having to
testify.
The defense then rested, and as the
prosecution was not ready 10 proceed
further, continuance was taken until
the 18th of this month.