The morning call., 1893-11-02
THE HORTON CASE
AL the Testimony Is in
at Last.
HEYNEMANN'S MODEST OFFER
He Desires to Submit the Case With
:. out Argument-Speech by the
-. District Attorney.

ing OF Charles r. Hagans is at last draw
Ing to close, and the case will in all
probability go to the jury to-day.
e When the case was resumed yesterday
morning the defense introduced the deposi-
tion of Rev. Father Galliano, which had
been taken the evening before The
deposition, which was admitted in evil
dence, was to the effect that on one occa-
sion Nellie Horton handed to Father LasIn
letter to Miss Hoover, telling of her
Fronotes. and which was introduced in
evidence at the trial. This letter Father
'Iissln gave to the deponent to read.
Nellie Horton was then recalled to tes.
thy concerning an interview published in
a morning newspaper. and, further, con-
eerning her hysterical condition at the
time the alleged interview took place.
Judge Wallace, however, refused to allow
the evidence.
Mrs. Hagans. mother of the deceased,
was called, and asked if her son Charles
ever gave her money between December,
1889, and July, 1898. She said that her son
did OF give her money for her own use,
but he did give her money TO deposit for
him, and also wherewith to buy articles OF
clothing. Such deposits were made with
the Hibernia Bank in 1899 and 1890, and
none were made after tha year.
. The witness stated that Miss Horton
once told her that she had loaned Charley
Hagans SO and that he had not repaid the
loan. That was the only time that money
matters were ever mentioned between
them In that respect, and it was not true
that the defendant had supplied Hagans
sSith clothes, nor had she ever intlmated
such thing TO the witness.
g. Mr.. Heynemann then again asked to in
ttoduce the testimony of the witness
Huestes, A bench-warrant had been is
sued for him but he had not been found.
Il rule it out" said Judge Wallace.
Then l must again ask the court to
admit in evidence the testimony of Giles
respecting the assault in G ilden Gate Park.
Every effort has been made to bring him
here. but he is known to be in Chicago"
i've ruled that out three or four times
before" Eeplied the Judge, land [ now
rule it out once and for all"
Now, your Honor" urged Mr.. Heyne-
mann, Il desire to introduce expert medi-
cal testimony on the subject of insanity.
Eve subpoena aed these gentlemen, but they
are DOt here"
- Il shall not delay the case" replied the
court III your witnesses are not here
you must close your case"
= Very well. ST." said Mr.. HeyDemann.
AZ am forced to close"
:. "All right. Proceed, Mr.. Deuprey, with
your Tebuttal."
g Leland Gamble. reporter, testified that
early on the morning Of July 10, 1898. he
was on night duty at the Did Cfty Prison.
u. He interviewed the defendant iD her cell,
and the words contained in the article
published that day in the paper he repre-
sented were strictly true. Mr. Heyne-
mann attempted to cross-examine the wit
ness on various points in the article, but
the court ruled that counsel must cOntne
himself to that part concerning which Mr..
Gamble had been questioned in direct eX-
animation. Mr.. Heynemann argued with
the court, but Judge Wallace grew impa-
ftent and said 20 Mr. Heynemann, "Y ou
seem TO have wonderful capacity for get
ting away from the proposition"
:. j. c. Donald, also reporter, testified
that early on the morning of July 10, 1893,
he was on night duty at the old City
Prison representing morning paper at
that time. On that occasion he interVie wed
the defendant, and she used these words:
81 constantly asked Charley to marry me,
but he was always putting me off. he
took advantage of me four times, each in
Golden Gate Park. He did so tonight,
although l struggled to protect myself
When l recovered consciousness l said,
'Oh Charley, you must marry me soon!
He replied, 'We'll talk about that to-
morrow. Pm going home now; you stay
here l said, I won't stay unless you do,
Charley Charley then started for the door
and / shot him. | fired three times. Once
/ missed. then | hit him on the side of the
head. He then started for the water
pitcher and l fred again. shooting him
through the heart. He said. on, Nell,
you've killed me- and fell down upon the
floor I've had the pistol for two years.
but this is the first time I've carried il. L
feel so glad aud relieved that it's all over
now. | really killed Charley in self
defense. and Pm not sorry"
. La cross-examination, however, Mr..
Heynemann elected the fact that in tha;
interview the defendant used the following
words. which Mr.. Deuprey had omitted to
quote: Il did not intend to kill him. l
carried the pistol to project my honor.
never was his mistress, for l would not
consent to such a relationship"
Ex-Sheriff Stanley of Mendocno County,
brother of Mrs. Hagans, tes ifiPd that on
July 10, 1893. he went to the old City Prison
on a visit to Police Captain Stone. The
defendant was in the prison and the wit
ness spoke to her. She wanted to be al
lowed to see Charley HagaBs as he lay in
the MOrgue. On that occasion the de-
fendant sad Il went out with Charley
last night, and suddenly he said to me
Nell, let US go to ro0m.' l went with
him, and when we got there he commenced
worrying with me. When be had done
worrying be said he was going home. !
SAID, What am l to do Charley said,
You stay here l said, Charley, if you
go pll follow you.' Charley replied, If
you follow me I'll fix you,' and started 10
the door. l was so mad that l pulled my
pistol from my pocket and shot him."
W. Wetherall of the Lombard Loan Or
fee and Sigmund r. Solomon, his clerk.
proved the purchase Of the pistol by Nellie
Horton at their store on February Is. 1898.
The price paid was S5 IS.
Miss Nellie Williams testified that on the
night of July 9. 1893, she occupied room
in the house 207 Eddy street. in company
: with the witness BrownleV. The room
was next to that in which the tragedy took
place. She had not retired TO rest when
she heard the pistol shots. Previous to
that she heard no noise Of any sort, no cries
OF. screams nor the sound of any struggle.
E. B. Hagans, father of the deceased,
denied that he in a conversation with De-
tective c. J. Stiiwell ever said that his son
was engaged TO be married to the defend
ant; and Mrs Hagans. mother Of the de-
ceased, denied that she at any time knew
or spoke OF such an engagement as being
fact.
ID. c. Owen, manager OF the registry de-
partment of the Postoffice. said that all
registered letters were noted both by name
and number. Ii the number of letter
posted a wear or two ago were known an