Daily Los Angeles herald., 1883-11-15
the TRIAL or FOSTER.

IUE t0tHk W IVoihUs
Third Days Proceedings-The Evil
dence Closed Arguments OF
Counsei-Abie Charge by Judge
sepulveda- Verdict OF Murder in
the First Degree.
Judge Sepulveda's Court assem-
bled at 9 A. NJ. yesterday pur-
suantto adjournment. The room was
again filled with interested spec
tators. In the examination of
further witnesses the first person called
was Chas. A. Young. who testified that
be is employed at the coal bin of the
Southern Pacific Railroad. He said gun
shots were commonly to be heard where
he lives, near the scene of the murder.
at almost any time Of night. He heard
the shots the night Of the killing of
Amadon. He was the third person to
arrive at the scene. He found Mr.. and
Mrs. st. Claire already there. He found
O pistol in the road eight or ten inches
from the hand Of the dead body. The
hand was out from the body some eight
or ten inches from the side. 1t was
not within reach of the pistol, which lay
beyond coil Of rope on which the hand
rested. He heard Mrs st. Claire call out
to her husband, "0h, Ed, here is
poor Henry Amadon lying deadl"
JAMES BUTLER,
Who lives in the immediate vicinity of
the killing, told the story Of hearing the
shots and the cries Of murder. He was
in bed. about sixteen feet from the scene
of the murder The shots awoke him,
and simultaneously he heard the cries.
He got up and dressed and went out. 1t
was dark and he could merely see man
lying in the street, on his back, rope
was in his hand, and several feet away
from the body was a six-shooter He
went back 10 the house and got light.
Then Mrs. St. Claire came. then Young.
THE PRINCIPAL WITNESS,
Smith, was recalled for further cross
examination. The point was as to the
number OF shots fired by Foster. Coun.
sci for defense seemed to have misap-
pretended the number and order Of the
shots on both sides. He explained how
the i've shots followed each other. The
reporter could not catch any material
difference in the story. A juryman
asked who fired the first shot The wit
ness said distinctly Foster" The shets
were close together.
A recess Of fifteen minutes was bad
here to allow consultation with new
witness.
JOHN HAFF,
OF Pomona was the next witness called.
He was near the scene Of the killing. He
heard the shots and heard the cries OF
murder. He had just got off train and
had had gone to the Kansas City House.
where he left his things and started out
for stroll. He had never been in the
city before nor since the 25th of last
September. He walked along the track
and happened to be at Naud's Ware
house when the shooting took place. 1t
was rather dark, but he could see pretty
well; could see people more than fifty
or sixty feet away. This witness was
here subjected to repeated and reiterat-
ed cross examination, lasting for nearly
an hour. Beyond little misscomprehen-
sion as to the streets of strange city.
and localities seen in the dim light Of
day-break, he held to the main thread
and facts Of his story without the slight
est deviation of material nature in any
respect.
HILBERT,
The boy who drove the bakers wagon,
was he put on the stand again. The pnr-
pose was to further cross-examine him as
to his hearing the cries at the time of the
shooting. He was asked as to the sides
from which the first two shots came. He
said the first shot came from the left
side, and the second from the right side.
The boy told the circumstances as before
He showed little excitement incident to
being so strictly questioned.
CONRAD HERBsT
Was put on the stand. He lives on Date
street, near the corner Of Mission, in a
tent by the zanja, not far from the
scene Of the killing. He heard the
shooting and the cries of murder. He
thought it was an italian in the neigh
borhood. who was in the habit Of shoot
ing. He got up aud went out to see
what was the matter. After bit he
found the dead body in the street. Mrs.
st. Claire was by it.
J.w. VAN Noy
Was here called. This witness was
not present. He had also been absent
when called yesterday.
JIMMY" BUTLER,
A little fellow Of about nine summers
was next called. He told how he heard
the shots as be lay in bed. He got up
after sometime AMI went out. He
knew Amadon. He saw him in the road
dead. There were a great number of
people around. He recognized several
of them, and repeated their names. He
said he saw q coil Of rope in Amadon's
hand. The doctor tried to take the rope
out Of the dead mans hand. He pulled
the rope and it did not come out 1t
was clutched in Amadon's hand, and the
doctor had to take up his hand and
open the fingers to get the coils out of
the stiffened fingers. The story as told
by the child was very graphic. 1t was
SO quiet, so artless. and vet so distinctly
clear to the little fellow that the fingers
had to be opened to get the coil out of
the dead mans hand that deep impress
sion was produced by the recital. This
is one of the crucial points of!the. whole
affair. II Amadon held the coil Of rope
he could hardly have used his pistol
hand to defend himself.
CONSTABLE EMILE HARRIS
Here proved the diagram of the locality
which he made at the time of the coro-
ners jury.
T. ]. cuDpy,