The record-union., 1896-08-17

Pickett, who was ordered to consider
himeslf under arrest.
In the course of a few days the trial
took place in room in the southwest
angle of the fort.
Pickett was promptly on hand, ap-
pearing in court accompanied by his
counsel, a man named Payne, who had
lately arrived from Oregon.
With becoming gravity Brannan took
his seat as Judge.
Among the members of the jury were
Captain John A. Sutter. John Sinclair,
Captain w. H. Warner, James H. Top
pens and Thomas Murray.
The jury having been impaneled some
| one suggested that the defendant
should be disarmed. Brannan decided
that the point had been well taken,
| and Pickett accordingly laid his arms,
| consisting of a revolver and bowie
| knife, on the table, and declared him
self ready for trial.
| The Sheriff was then ordered to bring
| in drinks for the court jury, defendant
and counsel.
| Some one proposed cigars also, but
this was objected to as irregular and
| unbecoming.
| The points having been argued and
| duly submitted his honor decided that
'inasmuch as the ladies of California
themselves made practice OF smoking,
| it could not be out Of place anywhere.
| After the drinks had been consumed
and everybody was comfortably pulling
at his pipe or ciagr, the trial began.
| All present being acquainted with the
circumstances of the killing, Brannan
stated that he considered it unnecessary
| to open the case by an extended state
ment of the particulars, and immedi-
ately began introducing evidence.
| Pickett took a lively interest in the
proceedings, and frequently asked the
witnesses for the prosecution questions
| whereupon his counsel would invari-
ably order him to be silent and to allow
| his legal representative to manage the
| case.
| BY the time the prosecution had
| closed, Brannan examining all the wit
| nesses, it was past midnight, and Cap
tain Sutter and John Sinclair Of the
jury both enveloped in Mexican serapes
| and tilted back in their chairs against
the wall, were fast asleep No one ven
| tured to awaken them.
| But at one time during the proceed
| ings, when witness for the defense was
| testifying to the bad character of Alder
man, the deceased, and was going on to
relate how he had killed two men in
Oregon, Captain Sutter woke up. lis
tened attentively for few minutes and
rose to his feet.
Gentlemen" he said, "the man is
dead. He has atoned for his faults, and
I will not sit here and hear his char
acter attacked"
Sutter then started to leave the court
room, and it was with difficulty that he
| was persaded to resume his seat.
The evidence for the defense was all
to the effect that Alderman had been
the aggressor and that Pickett had only
fired the fatal shot when it was evil
dent that his life was in immediate dam
ger.
After the testimony was all in Bran
nan began to sum up for the prosecu-
ton.
This was more than Pickett had bar
gained for, and he jumped to his feet
and cried:
Hold on there, Brannan. This won't
do. You are the Judge, not the Prose
cutting Attorney"
II know I am the Judge" replied
Brannan, "but am the Prosecuting At
torney also, and I propose to act as
such"
"Oh, If that is the case" responded
Pickett, 'go ahead But how is 1t that
you're not the jury, too?"
One result of the frequent trips Of the
Sheriff after drinks was that Payne, the
counsel for the prisoner, had been
placed hors de combat, and when the
time came for him to present his clients
case to the jury he was unable to do so.
Pickett was therefore obliged to plead
for himself.
He made an eloquent speech in his
own behalf, and at its conclusion the
case was given to the jury.
After a long deliberation the members
of that body towards morning came in
to court and announced that 1t was i'm
POSSIBLE for them to agree on verdict
They were accordingly discharged.
"Mr. Sheriff." said Brannan, "the
prisoner is remanded to your custody. ;"
What am I to do with him?" asked
Tanner in dismay.
Put him in close confinement" thun-
dered Brannan.
But I have no place to put him In"
protested the now exasperated Tanner.
"Then put him in irons" sternly COM
| manded Brannan.
"Oh. what's the use of talking" said
! the disguised Sheriff There amt any
| irons in the whole State"
| After a long argument vote OF all
present, jury men and spectators alike,
was taken as to whether or not the
prisoner should be admitted to bail, the
question being decided in the affirma-
tive Two of the jurymen became
Pfckett's bondsmen, and so ended the
| first criminal trial ever held in Sacra-
mento County under American auspices