Daily Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1876-1884, 1883-07-10

Cummings, who were present at the
shooting Of Ben Avise Saturday evening.
In view of the interest which attaches to
the matter reporter Of the HERALD
waited u. on Mr.. Smith to obtain his
side of the story.
An Introductory word as to the origin
of the dispute will not be out Of place.
Mr.. Smith says that Avise claimed an
interest in the crops by virtue of lease
from Mr.. L. j. Rose, who, subsequently
to the date of the lease, sold the land in
question to Smith, who, in turn, leased
it to the Kimball Brothers. The lease
of the deceased had expired, but no
claimed that there would have been a
volunteer crop. to which he claimed he
was entitled. The Kimball Brothers
had plowed and sowed the whole one
hundred and forty acres, and there is
now standing upon the premises q splen.
did wheat crop Mr.. Smith says that
they can prove that there would not have
been twenty acres of volunteer crop,
and that Avise had allowed the Kimball
Brothers to go on for a period of seventy
days ploughing and sowing on the ranch
without word Of protest. Some time
in the month of May, ON a Saturday
night, Avise started in to cut some Of
the grain, and it was at this point that
legal proceedings were initiated. The
Kimball Brothers procured the arrest Of
Avise and obtained an injunction re-
straining the deceased from any further
trespass upon the laud in dispute. Thus
far Avise had failed to obtain dissolu-
ton of the injunction, though proceed.
ings were pending with that view, which
would have come up at an early day be.
fore Judge Howard.
As to the actual facts of the shooting,
Mr.. Smith says that between and 7
o'clock Saturday evening, Avise and his
wife. who had been in Los Angeles. drove
on to the land in dispute, which lies
about three-quarters Of mile south Of
the San Gabriel Mission. They went on
past the cabin in which Mr.. Smith and
the Kimball brothers were, and stopped
little way down. They then turned
and came back to the cabin. As the
event proved, they had one double
barreled shotgun and several revolvers.
Mr.. Smith claims that he and his party
displayed no arms. When Avise and
his wife came up to the cabin the former
began to "cuss" Smith and the Kinballs,
calling them id sons of BIS" and
commanding them to leave, adding that
be himself was going to put house on
the land in dispute. Smith replied that
he didn't want him to put any house
there, nor did he desire to have any
trouble with him. Avise said that the
lumber for the house was under way.
Smith said that he didn't want him
(Avise) to unload any lumber ON his
(Smith's) ground. Smith alleges that
both Avise and his wife said they would
shoot any "son of b--ch" who Of
fered to Interfere or meddle with
them in any shape or form. Avise and
his wife then drew off about fifty yards
and stopped. Mr. Smith, accompanied
by the Kimballs and the others, then
approached, and told the Arises that he
did not want them to stop thereto
drive right off the land. A dispute
arose between the Arises and the Kim.
balls about tho crop. Suddenly Mrs.
Avise raised the double barreled shotgun
and fired at one of the Kimball broth.
ers. Had it not been for his rapidity in
knocking the muzzle of the gun to one
side. the charge would have lodged in
his body about the hips. Mr.. Smith
says that. almost simultaneously with
the shot fired by his wife, Avise drew
his revolver and. alluding to Kimball,
said he would kill the cd id
son of b-tch." The former, how
ever. was too quick for his adversary,
and lodged the contents OF one barrel Of
his shotgun in the side of Avis's head,
killing him instantly. Meanwhile, one
of the Smith party got hold of the
shotgun in Mrs. Arises hands, Smith
exclaiming, "For Gods sake don't kill
herr" The lady was then allowed to 20
in ques. of the officers of the law, to get
them to arrest the slayer Of her hus-
band. while Smith, Kimball and the
rest of the party went down to FL Monte
to surrender themselves.
Mr.. Smith claims that Kimball acted
solely in self-defense, and that he would
even have been justified in killing Mrs.
Avise as well as her husband.