The record-union., 1897-08-19
HEMBERGER HELDTO ANSWER
HIS BAIL FIXED AT FIFTEEN
HUNDRED DOLLARS.
Bergman and His Friends Tell How
He Threatened to Fill Them
Full of Holes.

The examination of Sebastian Hem
berger for assault with a deadly
weapon came UP in Justice Henry s
court yesterday morning, resulting in
his being held to answer.
Hemberger. it will be remembered,
pointed d rifle at H. l.. Bergman and
a party that were with him in a boat
on Sunday evening on the river.
II. Bergman testified that as they
were coming down the stream and
nearly opposite defendants boat he
called to them, saying, You are the
-- - - that cut my nets.
have a mind to fill you as full of
holes as you did my nets" They turned
the boat around and went up near his
boat to explain to him that they knew
nothing about his nets, when he picked
up rife and pointed it at him, and
told him to keep off The boats were
then few feet apart. He quit trying
to explain then.
When defendant first spoke they were
above him, but when they turned
around to try and convince him that
they had not touched his net, witness
only told him he was mistaken and
tried to explain that they did not even
ness did not use any harsh language
till after the rifle was pointed at him,
and his wife was in Mysteries. The
party had not been near the spot be-
fore during the day. When they went
up they ent up on the Yolo side.
r. Z. Greer testified that when de-
fendant hailed them they were drift
ing down the river about thirty feet
from the shore. They heard defendant
say, You are the
that cut my net. l have a mind to fill
you as full of holes as you did my net >"
They pulled the boat around and the
ladies tried to explain that they had
not touched his nets. Bergman stood
up in the boat and told him they had
not touched his nets, when Hemberger
called him a liar and picked up his
rifle out of the bottom of the boat and
cooked and pointed it at him. Witt
ness distinctly heard him cock it, When
they turned away he picked up the
rifle again and cooked it and pointed it
at the boat.
Mrs. Fox testified that when Hem
berger threatened them Bergman asked
Greer if he thought Hemberger meant
them, and Greer said he did She ex-
plainad to him that they had not been
near his nets. If the gun had gone off
the second time it was pointed, it
would have killed her When their
boat turned round and came within a
few feet of Hemberger's he picked up
a rifle from the bottom of his boat and
pointed it at Bergman's stomach and
cooked it.
Mrs. Bergman corroborated the testi-
mony of the others, as did Mrs Tis-
sine.
w. W. Whitney, the Deputy Con-
stable who arrested Hemberger, identi-
fed the rifle he took at the time and
it had ten loads in when witness took
it from the scoW. Defendant told him
that he ran the party off with his rifle
because they were cutting his nets.
Hemberger took the stand and swore
that he had nets set above and be-
low the scow that he lives on near the
Third Bannan Slough. About half past
6 O'Clock he took up one of his nets and
found that it had been lifted and that
it had been cut full of holes and the
fish taken out. He mended the holes
He heard the party in the boat sing
ing about a, hundred yards above
where the net was. He had seen the
boat during the day near the nets.
When it came down he told them if
they came UP again not to cut his
nets or he would fill them full of holes.
Bergman told them to turn around. as
he wanted to settle with that man
When ii came close he picked up the
rifle but did not point it at anyone.
He did sc to keep them off His net
had been cut during the day The
ladies told him they had not been fish
ing, and he told them that he sold fish
cheap. He denied pointing the gun the
second time.
The court held defendant to answer
and fixed bail at 81 500.