Los Angeles daily herald., 1886-12-10

since July have been prisoner in al;
l was born in Indiana, near Bedford. l
came to California in March, 1880, on
account of my health. In July, when
the homicide occurred, l was not in
as good health as | am now, and wa
taking quinine for neuralgia. On the
morning of the homicide l got up at
half past six o'clock. | was then book
keeper for w. s. Luitweiler in this city.
After leaving my room l went to Gus
Schade's restaurant, and then proceeded
to my place Of business, a little before
seven o'clock. When left my room l
was armed with Smith & Wesson re.
volver, which had bought at Slotter-
beck's in May, after Oldridge had
whipped me twice. He was about six
feet in height and probably weighed 1865
pounds" The witness related the Cir
cumstances under which he had been
assaulted by the deceased and what
steps he took afterward to obtain the
protection of the law. 81 tried to get
thedeceased placedund bonds. Distric,
Attorney Knox's answer was that there
was not sufficient evidence, and that
l would be required to swear that
was afraid of him. l said l would do it.
but Knox advised me not to, as l would
then appear as n coward" Aquestion as
| to what Mr.. Knox's advice was, was OBJ.
iscted to on the ground that advice
sading to the commission OF felony,
even when given by county officer, is
no excuse. Objection sustained. A
number of similar questions were OBJ
jected to on the same grounds, and ex.
ceptions were taken by the defense.
"Have known Edward johnson and
John Oldridge since the time l went
into the employ of Luitweiler. heard
the testimony of johnson in refer
ence to conversation that took
place with him at the Queen Chop
House. l had no conversation with
him in reference to Oldridge.
l heard him testify in court that | had
told him that if Oldridge attacked me
again, after having whipped me twice,
that l would defend myself 1 made
that statement to him but not for the
purpose of having it carried to the de-
ceased" Three putty knives were given
to witness to identy. One with paper
around it, the witness said he had seen
at the Coroner's inquest and at the ex.
animation, but not before" The wit
ness resuming his testimony: 81 went
back to my room on the 9th of July,
between half past seven and eight O'Clock
TO get dose of gu nine. stopped at
Lemmon's blacksmlthshop when going
home, but did not stop when l came
back. When l first went to Luitweil
er's shop that morning, l opened the
store and did some work around the
place. Two of the employees came in
and helped cleaning up the house. |
then went to Lemons shop to see if the
paint on wagon was sufficiently dry
and if he already commenced work upon
a buggy. l then stepped over to my
room, took some quinine and walked
back to the shop, passing the black
smith. l took the shafts belonging to
the wagon in the blacksmith's shop up.
stairs and said TO OldrIdge: wish you
would paint these shafts. The wagon is
sold and liable to 20 out at any moment.
Oldridge muttered something and then
said: "You go down stairs, you -
or I'll break your neck" | went down
stairs and called for Mr.. Luitweiler. He
was in the office aud l told him what
had happened. wanted to leave. He
was unwilling to let me go. l said that
then he must dis harge Oldridge.
Mr.. Luitweiler told me to go
back and tell Oldridge to obey
orders or leave the shcp
went up stairs again, Oldridge was
working at a wagon bed, with his back
turned to me and his left side toward the
wagon. He Strengthened up as l said:
"Mr. Oldridge You can either paint
those shafts or pack up and leave the
shop" He threw a putty cup and
brushes at me and repeated the oppro-
bious words and advanced towards me.
/ walked back wards, he came to me as
fast as he could run, calling all the
while Stop stop!' Oldridge passed
through an opening between a crate and
some wagon beds. He had putty knife
in his left hand" The witness showed
how the deceased had come upon him
with the knife by going over the scene
ag lin with his attorney. The defendant
here denied that the putty knife with
the paper around it was the one which
Oldridge used. 81 then fired the shot.
l don't know that l moved. Mr.. Old
ridge was left handed. As near as l
can tell l fired at his shoulder. l fired
to save my life. He was IN the act OF
trying to stab me with a putty knife.
and he said he was going to kill me. l
knew he had the physical ability to do
as he said. My sole intention when L
fired was to stop the man, not to kill
him. l had no intention when l went
upstairs to have any difficulty with the
deceas I'd.
Cross examined by Mr.. White: 81 had
no idea when went ups airs that there
would be any trouble. had no other
business upstairs at that particular time
except to give him that message. got
behind pole so that the missile would
not hit me. did not 60 to that post in
order to have good position in case
Oldridge aud l had trouble, go
that l could shoot him. carried
the pistol Tor protection, but only to use
if Oldridge attacked me with deadly
weapon" The witness went over the
conversation he had with Johnson about
killing squirrels in the Chop House res
taurant, but denied that word was
then mentioned about Oldridge. Old
ridge had his arm uplifted when l shot
him. ] halloed several times stop!
in an ordinary tone of voice, 10 I'd
enough for Giese to have heard it, but l
cannot say that Cleveland, in the var-
nish shop, could hear it. l had the pis-
tol in my hand when / spoke, and Old.
ridge saw it. The pistol was drawn
about the time he passed through the
opening. I backed. perhaps, six feet.
The deceased fell almost in his tracks.
l saw Mr.. Giese catch him in
his arms and lay him down. He laid
him down near the spot where he stood
when fired. After the shooting went
down stairs, passing between the spot
where he lay and the post. l spoke to
no one as I left. went to my room at
Mrs. Noriega's at twenty minutes to
eight; saw no one, and remained, per.
haps two minutes. l carried that pistol
every day; l loaned 1T once or twice dur.
ing the evening but never during the
day. After informing Mr.. Luitweiler of
the difficultv I had had with Oldridge,