Los Angeles daily herald., 1886-12-09
THE KILGORE TRIAL,
Telling The Story of the
Murder Again.
JURORS VIEW THE SCENE
Hon. s. NJ. White, for the People,
Makes an Eye Witness Re-
peat the Story.


before Judge CheHey of the Superior
Court of this city. All day yesterday
the court room was filled by interested
spectators, not of the ordinary sort OF
idlers for news, but of members of the
legal profession and citizens who do not
usually attend upon the routine of
courts investigating the lower strata of
criminal matters.
There mu st be something in the case
more than ordinary to produce this in
terest, and yet it is not apparent in either
the social standing of the accused or OF
money brought to bear in the case.
Neither of he parties in the tragedy be-
ing Investigated were distinguished in
any way above the fellow men of their
plane OF avocation, nor is there kin
ship of wealth on either side recklessly
interested in the outcome of the trial
The deceased was an ordinary mechanic
who had many friends, it is true,
at the same time his slayer
was young man who had his friends,
but between the two, although in
neighborly employ in the same house,
an almost inexplicable antagonism grew
up, eliminating in the death by vio-
lence OF the physically stronger man.
In the old days before deadly weapons
were in common use the chances wonld
have been in favor of the man now re-
posing from his animosities in any con-
test OF personal vigor; now. it would
set m, that the public are anxious to see
determined just how far the law per-
mits the weaker party among men to
resent outrage in the decisive manner in
which nations now resort to modern
means of resentment.
1t is for the jury, who are not per-
mitted to read the comments of this or
any other journal in the matter, to de-
termine this serious question and no
doubt the public interest manifested is
due to an earnest desire to ascertain just
how far the leT talionis of two divergent
systems OF civilization may be exercised
in Los Angeles to-day. These refec-
tions are those merely of the reporter of
the HERALD detailed to report the pro-
ceedings in court, whose simple duty
might better perhaps be confined to a
detailed report Of the proceedings in
court, were it not that these are tedious
and full of repetition. But the record
follows with such completeness as seems
necessary.
The following jury of good and true
men were accepted soon after the open
ing of the Court yesterday, viz: d. w.
Head, Geo. H. Bryan, VIM. Wiley, AL |
fred Workman, W. M. Allison, d. w.
Standlee, John R. Beck, A. NJ. McCur.
dy, T. d. Witherell, A. Clement, H. s.
Seward and C. d. Platt. The prosecu.
tion is represented by District Attorney
Holton and s. M. White, Esq., and the |
defense by H. 7. Gage, Esq. The first
witness called was Theodore Giese, who |
testified that he knew both deceased and |
Kilgore; was present when Oldridge was |
shot; described the room up stairs where |
he and deceased were. Kilgore came |
up stairs with a pair of shafts and asked |
Oldridge to paint them. Oldridge re-
piled by saying he would not take any |
orders from him, and told him to leave. |
Kilgore then went down stairs and in a |
few minutes returned and told Oldridge |
the shafts must be painted, and if he |
(Oldridge) would not obey his orders he |
could pack up his tools and leave. Old
ridge then threw a putty knife he had |
in his hand at Kilgore, who went be.
hind some wagon bodies and then came
out, and while Oldridge was approach
ing him cried: "Look out" and then
fired q pistol. Oldridge fell and witness
went to him Immediately, and took Old
ridges hand, who said: "Good bye; l |
am going" and almost Immediately died
within about three minutes. They
were about four feet apart when Xii.
gore fred the shot, and about fifteen feet
when Oldridge threw the putty.
knife at .Kilgore. A diagram of
the premises was drawn and a
good deal OF cross firing occurred be.
tween counsel over matters more or less
material or immaterial. Witness .esti.
fled that he was friendly towards both
Oldridge and Kilgore. Upon cross.ex-
animation witness testified that Kilgore
had addressed Oldridge in kindly and
not an offensive manner, but became a
little mixed over the testimony given on
the examination before the Coroner as
Mr.. Gage recalled it to his mind, and
admitted that he was not altogether
friendly toward defendant.
To impress the jury more perfectly
with the surroundings, situation and
furniture of the place, at the request of
Mr.. Gage. the court allowed the Jury,
upon stipulation between the attorneys,
to visit the scene of the homicide, and
where the court reconvened an with
the jury listened to q descriptive testi-
mony of witness concerning localities,
positions of defendant, deceased and
witness when the homicide occurred.
The court then adjourned until p.
at which time the examination of this
witness was resumed. The main point
drawn out upon cross-eXamination was,
that none of the employees of Luit.
weller & Co. were friendly toward Kill
gore.
DR.. E. ]. MCGOWAN, who assisted at
the inquest, testified intelligently of
the wound which caused the death of
the deceased, showing upon the person
of Mr.. White the point of entrance of
the bullets traverse and exit in part.
The bullet entering the muscles of the
left shoulder, passed upon a downward
plane through the cavities of the chest,
through the left lobe of the lung, cut.
ting the aorta, splitting or shattering
itself against the vertebra, near the
fourth rib
An effort was made with this witness
to construct a theory of the plane of
existing batween deceased
and defendant at the time of the pistol
shot, but the plainness of it did not ap.
pear to the reporter, although the jury
doubtless saw, in their minds eyes,
Just how the bullet travelled.
DR.. Mcfarland, Coroner, testified as
TO the cause of death Of deceased, and
was dismissed without cross examina.
ion.
K. Lennon, blacksmith, saw defend. 7