Daily Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1876-1884, 1883-07-10
THE HOMICIDE At SAN GABRIEL.
The Coroner's Inquest Verdict of
the Jury-copfiicting Reports OF
the Parties Engaged Full Re-
ports from Both Sides.

ports from Both Sides.
In the HERALD of Sunday morning
was an account Of the death Of Ben
jamin Avise at the hands of w. Y.
Kimball at, San Gabriel. on Saturday
evening, July eth. Coroner Nadeau
was notified and proceeded ut once to
the scene OF the homicide, which was
about eight miles east of the city, and
two miles south of the San Gabriel
Mission, on some land belonging to
VIM. Smith, OF Savannah. and adjoining
the lands of Mr.. Ira w. Felt.
On arrival the Coroner summoned the
following jurors to decide on the cause
of the death of Mr.. Avise, to-wit Peter
Later, Frank Hubbard, Jesus 0rtega,
Neal Wilson, Aciano Corona, Francisco
Silva.
Margaret Avse, wife Of the deceased,
was sworn, and testified that about z
o'clock on Saturday evening she and the
deceased came home in buggy from
Los Angeles and stopped near a hay
stack to get some hay for their horse
and to look after some goods that they
left there in the morning, and found the
goods had been taken away. Deceased
got out of the buggy to look for the
goods and told me to drive down to the
hay stack and he would get some hay
for the mare. He went to the hay
stack and told him that Smith and
his men were coming with guns and he
started towards the buggy, and by the
time he got to the horses head the men
were at the back part of the buggy.
They were VIM. Smith, VIM. Parker,
Geo. Smith, Ed. Cummings and Bill
KimbalI. Kimball, Parker and VIM.
Smith advanced towards my husband on
tho left side of the buggy, and Geo.
Smith and Ed. Cummings on the right.
All of them had guns pointing at my
husband, and all the guns were cooked
and in position to shoot, with their fin.
gers on the triggers, except Ed. Cum
mings, who had large pistol drawn
and cooked. / Jumped out on the left
side of the buggy and tried to keep Bill
Kimball from shooting, telling him not
to shoot my husband as we had only
come for some hay. l tried to get hold
of bis gun, but failed, and he shot and
my husband fell. Wm. Smith pushed
me when I tried to get hold Of Kim
balls gun. He put his gun to my
breast and snapped it twice, the caps
only exploding, saying to Kimbsll,
"Give him another load and l will fix
her" After his own snapped he
changed guns with his son Geo. Smith.
Just then my little son came riding up
and they turned away. VIM. Smith took
gun from the back part Of the wagon.
our gun, which we had taken to Los
Angeles to get fixed. Don't know
whether it was loaded or not. It had
no caps on it. Ed Cummings grabbed
from the front end Of the wagon my
husbands pocket-pistol. My husband
was in his shirt-sleeves, and had moth
ing in his hands. When they came up
to the wagon William Smith said:
damn you, your time has come; l
have been laying for you here ten days
and nights for a chance to kill you"
My husband replied; II am not dis
turbing your wheat. and don't intend
to-" Bill Kimball said; "Oh, c.
d-n him, now is as good time as
any to kill him." and William Smith
said ''Let him have it." My husband
had no arms, and made no threats.
went to my husband and saw there was
no chance for him to live. / then
jumped into the wagon and drove to the
Mission. and told the constable to 20
and arrest Bill Kimball, who had killed
my husband. then went back to my
husband, who breathed few breaths
after / arrived. I heard only one shot
fired. They were all together near my
husband when started for the Mission.
The haystack to which we went for hay
is 300 or 400 yards from our house. l
think the stack is on McCullom's land.
Albert Taylor, brother-in-law of the
deceased, testified to seeing Mr.. Avise
coming from town. He was about half
mile from where was. 1t was about
half an hour before sunset. Twas at
home. Saw Avise drive out where he
left something in the morning, near the
haystack. He appeared to be looking
round for something, then turned, and
drove round near the haystack and got
out. Saw five men come out Of house
that William Smith put there. about $50
yards from the haystack. 1 said to my
mother, "Them men are armed. see
their guns glistening." l then walked
out where could see better, and heard
shot fred, and heard my sister. Mrs.
Avise. scream. Did not see;who fred the
shot.
Ambrose Taylor, father-in-law of the
deceased. testified to about the same
effect, adding that when he reached the
scene Of death Avise was yet alive, lying
near the head Of the horse, but had no
weapons in his hands, and there were
none in the buggy.
Mrs. Gallo Taylor, mother-in.law OF
the deceased, testified to seeing the de-
ceased drive home, and saw the fash Of
the gun. Her evidence was not very
different from that Of her husband and
son.
DR.. w. G. Cochrane then testi.
fed to having made an examination
of the deceased. and found two buck
shot and gunwad in the right side Of
face. right eye destroyed, wound large,
evidently made at short range. Thought
death was caused by said gunshoi
wound.
The jury then returned the following
verdict:
We, the undersigned jurors, sum-
moned to appear before H. Nadeau, the
Coroner OF the County of Los Angeles.
at I'll Monte Township. on the TIN day
of July, 1888, to inquire into the cause
| If the death of Bepiamin Avisa hnvino