The morning call., 1893-07-14
{. r. Hagans' Killing Was
JustifiabIe.
so SAYS A CORONER'S JURY.
Impressive and Touching Scenes
While the Murdered Mans Mother
Gives Her Evidence.

alter an D0uT 5 QellUolatlOu, returned
verdict that the killing was justifable. as
it was done by Nellie Horton in defense of
her person and her honor. The Coroner
expressed surprise at the verdict and de-
cliDed to approve it.
A most touching and pressive feature
of yesterdays proceedings was the pres
ence of the murdered mans mother. a tall,
fragile looking lady in deep mourning. She
was so weak that she had to be supported
while walking and her pale face bore
traces of the anguish she has gone through
since Sunday night While giving her
evidence a lady friend had to sit beside
her AID carefully watch her, as any mo-
ment it was thought she would have q
fainting spell. But she bore up bravely.
Once she had to pause for a few minutes
and seemed fighting against the growing
feeling Of weakness. In her agony she
cried out "caDn OF this woman be convicted
without my evidence ?" 1t seemed almost
cruel to keep her on the rack for over an
hour.
The prisoner was not present and 1t
seemed q mercy that she was kept away.
Mis-. Oma A. Hagans. mother of the de-
ceased. testified that she knew Nellie Hor-
ton, who lived at her house about sixteen
months. They were then living at ZIG
Golden Gate avenue. Her son was not
living there at that time, but was most of
the time in Trinity Mountains. Prior to
going there he lived in this city. There
were two reasons why he left the city,
the principal one to engage in a mining
speculation and the other TO get away
from Miss Horton.
Witness first met Miss Horton about
twenty-five months ago. She came to the
house first on an erraDd. wanting to know
where witness son was. She introduced
herself as Miss Horton. She did not say
why she wished to see him, but said she
was an operator friend of his. He was in
the mountains then.
Witness continued: Il have known of
Miss Horton through my son by the name
of h. ", which was telegraph call or
sign. could not tell you how l first con-
nected them together Miss Horton told
me herself that H. X was meant for her.
My son was at one time telegraph oper
ator. l have met my son with Miss Hor-
ton at my house. The first time was. L
think. when my son returned from the
mountains, about year ago.
Il was led to believe that H. x and
he were together a good deal by over
hearing conversations between his ROOM
mates and him. He had two. Schwartz and
Steedman, and the conversations were
with both. The conversations were merely
as 10 WutIc llc utu Dteh Win II. A., anu
such like; that be had been with her in
different places, private rooms of saloons.
She sent great many notes to the house
to him signed H. n / saw most all Of
Them"
At this stage the witness struggled
against feeling Of faintness and cried
out. Cannot this woman be convicted
without my evidence?"
Never mind that" said the Coron er,
naE To n ia nf hat
know"
After she recovered she continued:
''Tnese notes were asking him to come
sometimes; sometimes cant we go out
to-night?' other times in answer to some
thing that he mad written. | know great
deal about the case from his lips and her
own lips.
''She always. for the last year. expressed
to me that she thought great deal of
Charley. She told me she was engaged to
Harry Straub. telegraph operator work
ing at the Preside. l have seen Straub
and Miss Horton together while she was
living at my house He was soldier at
the PreSidio and acted in the capacity of
operator. She told me the engagement
was broken off and that she had sent his
ring back. Miss Horton lived at my house
twice. This conversation about the en-
gagement was the first time she lived with
us, Straub went East a year ago last
January. 1t was after my sons return
from the mountains last July that Miss
Horton told me that her engagement with
Straub had been broken. l think it was in
December.
"a gentleman by the name of Fritz l
think, who was an operator at the Cali
fornia Hotel, called at my house and took
Miss Horton out. There was another get-
tleman, don't know his name, who called
one night between 10 and II and asked for
ha
without her. She told me he was ansoper-
ator 1.-THE Preside and took Straub's place.
He was soldier and bOylsh looking. She
went with him. and | don't know when
she returned, but she was there next morn
ing"
did you ever demonstrate with your
son fnr keeping company with Miss H0r-
ton?"
Eyes, sr.'
what did he say at that timer
'Itw all the time. Before he went to
the mountains be seemed to think my ideas
were foolish he said he must 60 out with
some one, but he would be cautious. When
/ spoke to him about m arriage he said she
would not marry any one; she did not want
to marry.
81 did not sea him on the day of his
death, but l saw Miss Horton at my house
at three different times, first between 9
and 10 in the morning. Then She went to
send a dispatch to her brother-in-law. and
came back and had lunch at my house.
She left about o'clock and said she would
go to Oakland and look for my son. She
returned about 80 O'Clock that evening
and told me she had spent her time in Oak
land searching for him. The house that
he bad told her he lived in when he last
saw her was uninhabited. She searched
and finally found his whereabouts at the
power-house. She went there and he was
in bed asleep. She said she had bin called,
and he told her to go TO his home and not
make a scene, and he would come to see
what she wanted. She told me she had
only come to see him, and would not 90
till she saw him. / think she left my
house about $50 o'clock. She stayed some
minutes after she came in"
Ibid you ever see her with pistol ."
''Tbe first time she lived at my house she
had pistol all the time. found box in
which the pistol was kept and cartridge
to-day in her bureau drawer. and brought
them here producing them). l never
knew her to carry the pistol. The last
lime she left my house was the day she
went to go to San Jose. About June q
her trunk was taken from my house. |
never saw any pistol in her room from the
time she came to my house-the last time
till she left it, She said she had it stolen
from her nv her landlady in her last room