The morning call., 1893-07-27
A PITIFUL STORY.
Nellie Horton on the
WitneSS-Stand.
WHY SHE SHOT c. B. HAGANS.
He Spurned Her Pleas for Mercy.
Held to Answer on the Charge
of rlanslaughter.

Nellie Hortop's face yesterday after
noon wore the first smile that had crossed
it since the night of July g. when she shot
and killed Charles B. Hagans at POI Eddy
street.
1t was caused by the congratulations of
numerous friends Of both sexes who
crowded round her in Judge Campbelps
court after the Judge had made remark
at the conclusion of the preliminary ex-
animation that il he had been trying the
case he would have acquitted her, but as
the facts indicated maDslaughter he
would hold her to answer before the Su-
perior Court in $4,000 bonds.
The courtroom was crowded to the
doors, as it was expected that the defend
ant would be placed upon the witness
stand, and in this the crowd was not dis
appointed. Her examination was confined
to the meeting on the night of July 9.
II met Charley Hagans." she said, "at
the corner of Golden Gate avenue and
Taylor street about 80 that night. We
walked down Market street. After gOir 6
short distance he said. Well, Pm
tired and wondered where we could 60 to
have pleasant talk. 1t was too late. he
said. to 60 to the park.
1--WE walked on until we came into Eddy
street, and when we came 20 house, he
said, Wait. Nell, till / 60 upstairs He
was gone about three minutes. and when
he came back he did not say anything
about having a room there. Then we
walked on and he said he wanted to go 10
a store for cigar. He went and was
about five minutes away.
"Afterward we walked back to the
hs.t,c hA bod trxrv 10
him ard have nice long talk. as he had a
room there. l said / would if he would
promise to behave himself, and he said he
would
At this stage Attorney Heynemann for
the defense called the attention of the
court to the conduct of Police Officer
Cockrill, who was seated on a stool beside
mann said the officer seemed to think it
was all a huge joke by the way be was
smiling and grinning al the witness. but
he would remind him that it was very
solemn and serious matter and was as dis
tressing to him as attorney for the defend
ant as to the defendant herself. He asked
that the court direct Cockrlll to sit some
move his seat so that he could not stare
and grin at the witness. Cockrill is a
cousin of the deceased.
1.-The room was lighted" continued the
witness, land when We entered took off
MY hat and coat, put them on the table
and sat down on the lounge. He took his
hat off and sat down beside me. We were
having q pleasant conversation when he
jumped up suddenly. went to the bureau
and took his coat and vest off.
HE came toward me-" said the witness
in faltering voice, land said, Nell. I've
got you now. want you to do as say.
You've got to submit to me- 1 said.
Charley. for Gods sake, have mercy upon
me. You have got to do right by me.
You promised me downstairs to treat me
right lie took hold of me and said,
You have wrecked my whole life; you
have blasted my happiness, aud rather
than submit to you you will have to walk
over my dead body You are getting
desperate he said. | said. Yes; can't
you spare me now? We were fighting
and struggling for don't know how long,
when turned faint and when l came to
l was lying on the bed and lie was kneel-
ing over me. staring at me as il ne was
afraid.
HE let me up. but just as was going to
run to the door he grabbed hold Of my
dress. Then we fought and struggled
again. and said, Charley. for Gods sake
have mercy, let me 90. l am prepared to
protect myself tonight He said. You
can't, you can't get wa y from me tonight
Then he struck me in the face and bled
my nose. l put my hand in my pocket
and pulled the pistol out with my left
hand. AS soon as he saw it he let 60 my
right arm and seizsd my left hand. but
left to my right hand. He said. =
you. Nell, III fix YOU Then fired. but l
didn't hear the report He let me go. and
just a got as far as the washstand l got
a thud on my head, and that Is all re-
member.
"Icon't know anything about the other
two shots I don't remember talking to
the officera. The first time memory came
back to me was when In the cell"
The witness was subjected to rigid
cross-examination but her story was not
shaken. She said she was % years of age,
and was born in Hamilton, Ontario.
Hagans asked har to meet him that night
by note, which was delivered to her at
her sisters house on Golden Gate avenue.
street.
Three other witnesses were examined,
but their evidence was unimportant.
The dress which the defendant wore on
the night of July 9, black lace. was put
in as evidence. 1t bore marks of having
been torn.
Neither attorney offered any argument,
and Judge Cam, bell held the defendant
for manslaughter In $1,000 bonds.
Harry A. S:raub. a telegraph operator,
has written for publication long letter.
in which he defends the honor of Miss
Horton and declares that he wrote the
letter ITO give the lie to any one who
seeks to detract from the fair name of
Miss Nellie Horton while in my company"
He also wrote: "Mv whole life with
Miss Horton will bear the strictest inves-
tgation. and before God 1 declare that
while with me she was the purest, most
gentle and unassuming girl that ever drew
81, hra h of fn