The morning call., 1893-10-27

her sisters handwriting in poetlcal effu-
sion addressed to Charlie" The poem,
while not strictly rhythmical, has a GER
tain quaint touch of pathOs about it. 1t
reads as follows:
November 25 1892.
FOR CHARLIE.
When am gone you'll know why weep, because
To me there came a mockin5 of the dream called
"lOve."
OH vision born of hope. it brought no sweet frui-
tion,
But it throve on breaking heart and throbbing
on sleepless nights and stiied sighs
Drained the deep well spring OF my heart
And left its faded flowers To die.
And so the world is WEAKNESS: / only bde my
time
walt the breaking of the tarnished links
That bind me to a fovelesS fate.
Smiles and laughter come and so like
Sunlight on the treasured dead,
ct cannot light the depths below
Or raise the lowly sleeping dead.
o. grief. beyond all grief,
When fate comes masked as love with pleading
eyes.
And leaves the lone heart desolate
With not one hope beneath the skies.
And mid the holy memories that cling around the
Its tears. It's sighs its broken trust, weave this
simple song of mine
God he p me in my trouble.
NELLIE.
Mr.. Deuprey objected to the intrOduc ton
of this in evidence. as the prosecution had
never had it in It's hands.
1t was ruled out.
An offer to prove the handwriting of GER
tain letters alleged to have passed between
Harry Straub and the defendant was
ruled out.
a buzz OF excitement ran round the
courtroom as Attorney Heynemann called
upon Nellie Horton, the defendant. to take
the STAND. She did so without any hesta-
ton, but it was soon seen that she was
suffering from suppressed emotion of some
sort. for as she took her seat she 81 asped
the rails of the chair and stared right be-
fore her in dull vacant fashion.
Now, Miss Horton, kindly tell lis when
you first met Charles Hagans?" COM
menced Attorney Heynemann.
No oreply. Still the dull. vacant stare.
Il fear she is going to faint, your Honor"
said Heynemann.
Come, madam" said the Judge, kindly.
"AnsNer the question:"
Then suddenly the witness found tongue.
She rose from her chair and clasped her
HANDS. "Oh. | can't! | can't9 she
shrieked, and then piercing screams broke
from her. Mr.. HeynemaDn and the court
room clerk rushed to the unfortunate girls
assistance and carried her from the court.
By this time she was in dead faint.
Judge Wallace then asked what was to
be done. Mr.. Hevnemann said he was
afraid an adjournment must ensue, but it
was decided TO wait un Ill the defendant
recovered. In a few minutes she had
recovered sufficiently to be led back tn
court; but. as she declared herself unable
to testify, it was decided to adjourn court
until the afternoon.
When the court reconvened ATTORNEY Hey-
nemann made another effort to introduce
the letters written by Harry Straub to the
defendant. The counsel re ad several pages
fr. ha tn ch hot = fta,
ton had gathered in good deal of evil
dence regarding the relations Of Harry
Straub with the defendant. He wished to
show from the letters what those relations
really were.
We'll, rule the letters out" said the
Judge. now and finally"
In response to Mr. Heynemann's re-
quest the prosecution admitted the defend
ants previous good character for truth and
integrity, but not for peace and quiet.
ness. Mr.. Hagans Sr. was then recalled
anG asked to identify certain letters au-
dressed to the defendant as being in the
handwriting If his son Charles. He did
so, and the letters were put in evidence
despite the objection of counsel for the
prosecution.
These letters were written in very loving
style to Darling Nell" Dear Baby NelP'
and other titles of eudearment from the
deceased while he was living across the
bay. They contained invitations to the
defendant to come over and take car
ride and we can have our talk" They all
bore date from March up to June. 1898 In
one letter written to Nellie in San Jose
Hagans stated that he wrote in obedience to
Nellie'S "nncGHquerable will" The latest
letter introduced bore date June IL, 1S93
and in Its terms showed no sign that Ha-
gans had tired of his sweetheart.
Miss JacQueln was recalled tn tell what
cati no ban hat wit
spectng Nellie Horton. She said that on
one occasion she asked Hagans why he
did not marry Nellie Horton, as he was
engaged TO her. Hagans said he had no
money to marry on, and. besides, that
Nellie was always sick and couldn't cook.
He said that Nellie would not be sick if
she took better care of herself. Hagans
refused TO visit the defendant at Berkeley
because he "hated scene"
Nellie came to me-" said the witness.
land said she did not know what to make
of Charles Hagans. His letters were low
ing ana so was his conduct, but she had
reason to believe all was not right. 1t
was through that conversation that /, at
Miss Horizons urgent request, broached
the subject to Hagans. / thought that he
ought to marry Nellie and | told him so.
HagaDs did not deny that he was engaged
to her, and understood him TO say that
the engagement had lasted year and
half"
The witness further stated that the de
fendant told her that If Charley did not
right her wrongs she would kin herself.
On cross-examination by Mr.. Deuprey
Miss Jacqueln denied having Laughed
and joked" about her testimony with the
defendant, or having even consulted her.
She had volunteered her present test-
mony, and had called upon Mr.. Heyne-
mann for that purpose.
Madam, when you asked Charles
Hagans if he was engaged to Miss Horton
did he give you any answer?"
"WelI, not at that time. but I under
stood aflerward from him that it was So"
The witness was then asked if she knew
the firm Of Hibbetts, Hatch g. Co. She
said she had heen introduced to a Mr..
Hibbetts in the courtroom. She under.
s.ond that both gentlemen were connected
with the Postal Telegraph Company, but
she was not aware that they were raising
money for the defense OF Miss Horton,
nor that they were assoca ted In firm.
''There is no such irm," said Mr.. Hey.
nemaun.
The defendant was then asked to take