Daily Los Angeles herald., 1883-07-11
the AvIsE HOMICIDE.
Examination OF Witnesses Before
Justice Ling--The Accused Give
Their Version of the Affair Con-
fiicting Testimony,

Their Version of the Affair Con-
fiicting Testimony.
The announcement that the prelim-
mary examination Of the parties en-.
gagged ia the killing OF Benjamin Avise
would take place in Justice Ling's court
yesterday, at 10 o'clock, drew large
audience together, that remained during
all the day. District Attorney White
and Hon. G.. Wiley Wells conducted the
prosecution, while Hon. H. X. s.
O'Melveny and Smith. Brown & Hutton
conducted the defense.
The testimony of Albert Taylor,
brothsr-in-law, and Ambrose Taylor,
father-in-law OF the deceased. was given
to the same purport as before the Cor
sner's jury. Coroner Nadeau gave the
District Attorney two buckshot taken
from the wound in the head Of the de
ceased. Mrs. Margaret Avise, wife Of
the deceased, repeated the testimony
given in the HERALD yesterday. Mrs
Gale Taylor testified that she saw q
wagon carry away goods left by Avise
on the land in dispute and leave them
by Avise's house.
All the Taylor family appeared to be
in sight and expecting collision, and
told the same story. Paul Felt testified
to loaning a shotgun on Saturday moor
to Geo. Smith. r. H. Norton testified
that William Smith told him Ben. Avie'
was mean man, and ought to be shot
w. p Meinzer, sworn, testified, thai
he measured the distance from the place
of the killing to Smiths cabin and the
haystlck, with rope three rods long
furnished by Ssbert Taylor. From the
cabin to the seems Of the ARRAY, it was
thirteen and a-half lengths OF the rope
about two hundred and twenty three
yards--while to tho haystack the dis
lance was about one length and ten feet
or about nine yards. We made no more
measurements.
Albert Taylor, sworn. testified tina
he procured the rope. and assisted Mein
ger to measure the distance. The loca
tions were correct.
Jack Taylor, sworn. testified that hi
was Is years of age; saw FIVE men star
from the cabin. Mr.. Avise and his wife
were close by, and watched them and
saw smoke and heard shot. Herd but
one shot. l went to the place on a mule
The defendants were there. William
Kimball had a shotgun in his hand
Mrs. Avise had already driven her wagon
to the Mission. Don't know which
officer came first to arrest Kimball.
Prosecution rested.
Called for the defense, George F. Smith,
sworn, testified as follows: am SO years
of age, and live at Savannah. Am q
defendant in this case. On Saturday
evening was at my fathers land south
OF the Mission. Was in the cabin when
Ben Avise and his wife drove past be-
tween and o'clock Pm. Twas living
in the cabin. l thought Aviss intended
to build there. Word was sent to me
that Avise had hauled wood on the land
N saw il when we returned. Hauled of
the wood to McCollum's land, about l5(
yards. I thought they had gone aftel
lumber. About 7 o'clock Avise CANT
from Los Angeles. We were all in tn.
shanty. They drove by, and went to tho
pace where they left the wood. After
wards they returned to our door, We
were oil inside. Avise had two six
shooters and his wife had shotgun. HI
said, "come out, or I'll shoot you; wher.
did you haul the wood" He threw
down his pistol and said he could whiI
anyone. Cummings walked up and Mrs
Aviss drew a shotgun on him. Cum
mings said, 'Tkaew you were coward.
Avise said, if anyone interfered, be would
"ssttle him. Avise had load of lum
Der following. Smith told him not t.
put building on this land; that he wal
protecting his property. Then the
Avises went where the wood was, and
we followed. Were all armed. AbouI
half way-240 yards-Avise pulled Z
pistol behind the hay.stack. His wife
had shotgun. We walked up. The
horse was headed toward the stack. He
was at the horses head. Little was
said. My father said, "If you
can show me how have
wrongsd you, ! will give you the
land" Avise retaliated with fou
name. Kimball said, II want my crop
you have made me trouble already.
Avise threatened to shoot him. Kimbal
said that he had better not try it. Avist
said. &C. d. you, I'll shoot you any
way" He had two pistols, but dropped
this small one, and kept the large one. Mrs
Avise then fred the shotgun at Kim
ball, burning his coat. Avise had hii
pistol cooked and leveled, but Kimbal
nred first. thought they would FIRE Al
the same moment. Kimball wrenched
the shotgun from Mrs. Avise. Both Of
the Avisss cursed my father. She hal
Iooed to Kit Taylor, and thon drove
toward the Mission. We then left
leaving the pistols on the ground, aud
returned to the cabin. In forty-fvt
minutes the load OF lumber came, ant
We told the driver to take it to the
Avise house, which he did. No firearms
we're used until the final dispute. Ny
father did not snap gun at Mrs. Avise
He did not ask for my gun. Kimbai
had In l40 acres Of wheat.
| Cross examined---Had double bar
relied shotgun. Cummings had a smitl
4 vvesson pistol. Father had shot
| gun; also, Kimball and Parker. w,
carried them on account Of threats. w,
anticipated difficulty. The cabin wal
erected two weeks ago by VIM. Smith
Father had one Of Kimballs guns. Par
ker had one he bought. Cummings hat
his own pistol. a gun was borrowed
from Mr.. Felt. ! first heard OF tn,
trouble aweek before. No guns wer'
raised when Avise leveled his pistol.
Edward Cummings. sworn, testified
| .haf h. .aur fha btlln. On Satnrf;au