Daily Los Angeles herald., 1883-07-11

/ kept III tuc ctoius ocoiAu 'hitth tooN
the Felt gun to the cabin the same day.
didn't anticipate difficulty. Avise
and his wife were against five. 1t was
their usual road from town. 1t was q
moment after she fired when he fired.
Both were facing Kimball.
William s. Parker, sworn, testified
that he was in the cabin at the time of
the shooting The Avises drove by,
and then back to the cabin, asking who
stole their wood.
The testimony Of this witness in re-
gard to the threatened whipping, bad
words, pulling pistol and hiding be-
hind the hay-stack, was similar to that
Of the other witnesses.
Avise called Kimball g-d-thief,
and a SD, and leveled pistol, but
Kimball was too quick for him.
VIM. Smith told Avise to leave the
land and have no trouble. Avise an
swered that he would stay.
Cross examined-I didn't hear any
threats. Smith asked me to go there.
I didn't want to, bus when all started, |
took weapon. Smith first told Avise
to get off the land. Aviss would not.
He had three pistols and shotgun.
Avise fell on his right side when shot.
William Smith sworn, testified; | am
SO years Of age and live at Savannah;
have lived there sixteen years. Went to
town in the morning and started back
at o'clock with Kimball. Met Mrs.
Avise ON the road.
| The remainder Of Mr.. Smiths testi-
mony is similar to that published in the
HERALD OF yesterday.
| The witness stated that Mr.. Avise
was killed on his land, and that but
three seconds elapsed from the first shot
to the killing
| Crosss-examined-I gathered the guns;
had one, my son had one, and Kimball
had one. The rest were in the cabin;
they were loaded with balls. l had
. Winchester rifle; there were six guns
there. Avise did not know how many
were at the cabin; he had shotgun and
pistol. Avise showed his pistol at the
stack; no one showed disposition to
shoot except Kimball; no one advised
me to arm the men.
| VIM. Y. Kimball. sworn, testified: l
am 81 years of age, and live at Ell Monte.
Avise passed the cabin and returned
again to look for wood. We were all in
the cabin. Avise called us bad names.
Said he could whip us. Smith said he
wanted no trouble. Avise said he would
build cabin. Smith said, il he did, he
would get into trouble. Avise got out
Of the wagon with small pistol. Ed.
called him coward. Both cursed and
said they would shoot the first man who
went to the stack. went there. Mrs.
Avise pointed shotgun at me. said,
"You had better be careful" The shot
passed through my coat; tcoat exhibited
in evidenced Avise levelsd his pistol on
me and shot him. Mrs. Avise was
close to me. Her husband had three
pistols. While he was getting his pistol,
Mrs. Avise fired Here the shotgun was
identified. 1t was loaded with backshot
in shells He was fifteen feet distant
when fred Each man took his own
weapon.
| William Smith, sworn, testified that
he took the gun after 1t was shot of,
and put it with the other guns. I
brought it into town and gave it to the
Sheriff. There was cap ON one barrel.
1t was in my possession until Monday
morning. Mrs. Avise had the shotgun
in her lap, and not Mr.. Avise.
Mrs. Josephine Ritter. sworn, testi-
fed that she lives at San Gabriel, and
saw the shooting on Saturday; saw tle
shooting, and when they came from
town. Her testimony as to the move
ments Of the parties agreed with the
other witnesses. 1t was about two Sec
onds between shots.
T Cross examined--I was about quar-
ter Of a mile from the place of the
shooting, northwest Of the Avise house.
Was looking constantly. The men
were quarreling, and all were armed
Paul Felt, sworn. testified that he was
100 yards from the scene, an! heard two
shots to the southwest between and 7
Pm.
4 Cross-examined--I looked that way,
and heard shots. The first was louder
than the second. They followed quickly.
| Joseph Ritter, sworn, testified, that
he saw the trouble at distance, and
testified substantially the same IS tho
preceding witnesses, as did Frank Han.
non, who was quarter of mile above
Smiths
i Cross sxamined--Said that be stopped
his wagon to see the row. No one was
at the wagon except the Avises. Five
men followed in about four minutes.
Heard hard words and screams, and saw
smoke.
| Eugene Kimball, brother of w. Y.
Kimball, was working abont 400 yards
from the place of the shooting. He could
not distinguish faces. His further testi-