People v. Travis

McKee, J.: The defendant was convicted of the crime of manslaughter, for the unlawful killing of A. Gf. Hill; and he appeals from the judgment, and an order overruling a motion for a new trial.

In the course of the trial, one Emerson, a witness for the defendant, gave the following testimony: “ I had a conversation with Hill, the deceased, in relation to the Travises—Georgia, Wirt, and John. It was in Petaluma, about the last of May or the 1st of June, 1878. Hill said the first thing he would do with them boys, he -would commence killing them, if he got in a row with them. ” At this point in his testimony, the witness was asked, “ What did you say to him ? ” and he answered, “ I warned him of his danger.” The prosecution objected, and the defendant’s counsel then offered to prove by the witness, that the deceased stated to him that Georgia Travis, the sister of the defendant, was a loose character, and that he himself had sexual intercourse with her ; and that the witness had told the deceased when he made the threat already testified to, that he would not be safe to say that, if the brothers should hear of it. Objection was made to the offer, on the ground that the testimony was irrelevant and immaterial. The objection was sustained. Defendant excepted, and the ruling is assigned as error. Without objection, the witness further continued to testify, that, at the conversation, deceased pulled a pistol half-way out of his pocket, and said he was a little hell himself. Of this, he, the witness, had told about fifty or sixty people, but did not tell the Travises.

It was shqwn by the evidence in the case that Georgia Travis, the person named in the offer, and her brother, the defendant, had been at a meeting of the Blue Ribbon Club, at its hall in the town of Forestville, on the evening of the 8th of November, 1879. While they were seated there, Hill, the deceased, came in and seated himself near them. Upon observing him, Miss Travis rose from her seat and went out of the hall. The defend[253]ant also arose and followed her, and when outside, he asked her to return to her seat in- the hall. Shé refused to return, saying, “ that Hill had slandered her, and tried to scandalize her, and she wouldn’t remain in his society.” Defendant, observing that his brother, John Travis, was near at hand, went and told him that their sister had left the hall because Hill was there, and asked him to go home with her. The latter refused, saying that he was going to the Blue Ribbon himself. The sister went home unattended by either. The defendant then returned to the hall, closely followed by his brother. Both advanced to positions near where Hill was sitting—the defendant taking a seat about eight or ten feet from Hill, and his brother going to a chair nearly in front of Hill. When about to sit down, the brother suddenly reached over the head of a man who was seated between Hill and himself, and struck Hill a blow on the head with his fist, because, as he claimed, Hill made a face at him as he was about sitting down. Hill, on being struck, rose to Ins feet, facing John Travis, leaving the defendant at his back; and it is claimed that he drew, as he rose, a pistol, and moving backward a few steps in the direction where the defendant was, aimed it at John Travis. As soon as Hill rose, the defendant also sprang to his feet, revolver in hand, and advancing a step or two toward Hill, put his revolver within five or six inches of the back of Hill’s head, fired, and shot Hill fatally, wdiile he was in the act, as the defendant claimed, of shooting at or attempting to shoot his brother.