Los Angeles daily herald., 1886-12-10
OLDRIDGE'S MURDER.
KilgOre Tells His Own
Version.
CONTRADICTED BY kNOA.
Theory of the Defense That the
Killing Was Self
Defense.
CONTRADICTED BY KNOX.

When the trial was resumed yester
day morning the court room Was neari
filled to its full seating capacity, an
the audience increased steadily dur
ing the day. The District Attorne,
stated that the prosecution had but on
more witness to offer, Mrs Oldridge, th
wife of the murdered man. As she wa
not present Mr.. Holton asked that sh
be passed for the present. H. I. Gage
counsel for the defense, asked the prose
cution what the character was of th
questions to be put to this witness, with
a view to agree by stipulation to wha
she would testify. The prosecution re
fused to disclose the character of tn,
testimony which they expected to pre-.
sent by Mrs. Oldridge and the defense
then objected to allowing the witness to
be called after the defense had com
menced to produce their evidence. A
recess of five minutes was had to allow
the witness to make her appearance A
the end of that time the court ordered
the case to proceed. The prosecution
then rested. Mr.. Gage, in his opening
statement for the defense, said that they
would prove that Kilgore always bore
a good character and was considered G
peacea BILE and inoffensive man The
theory of the defense was that tn de-
ceased was man six feet high and Xii.
gore was small man. The deceased
was the defendants superior physically
and had whipped him twice. Kilgore
was afraid of Oldridge and armed him
self for protection merely, during the
discharge of his duties in Lultweltler' s
store. The shafts had to be
painted and Kilgore told Oldridge
of it in a gentlemanly way. To this the
deceas ed replied: "Get out of this! L
won't take any orders from you. The
defense would show that K,lgore was an
invalid and that he was taking medicine
on the day of the homicide. After hear
ing what Oldridge had said ktlgore went
to Mr.. Luitweiler and repeated what
Oldridge had said. Mr.. Luitweiler told
Kilgore to go aud tell OIdridge that if he
did not want to obey orders he had bet
ter pack up his things. and go. 1t will
be shown that kllgore was not anxious
to get Oldridge out Of his position and
that the defendant, when he came to
Oldridge, anticipated that the latter
was about to do him great bodily inJnry.
1t would be shown that it is an impossi.
bility for Gieses testimony to be true.
The first witness for the defense was
Mr.. Leroy Ledbetter, Deputy Consta-
BILE of the Los Angeles Township Justice
Court. He testified as follows: Knew
Oldridge, and saw him on two different
occ asions. The first time was in one of
the summer months. went to arrest
Oldridge for an assault on Kilgore at
Luitwellers s shop. read the warrant
tn Oldridge, who said: 81 will go with
you as soon as | can wash my hands" "
There was q pow sta lining in front OF
the first door. heard a man say: "You
d $ of =, I'll kill you." turned
around and saw Oldridge assaulting
Kilgore and strike him in the eye. The
next time l saw Kilgore, he had black
eyes. l made complaint against
Oldridge and he pleaded guilty to both
charges. lie said afterwards; "I'll get
even with the -, and teach him to
swear out warrant"
Cross examined by Hon. S. M. White:
"Oldridge struck Kilgore three or four
times. After they got through with the
fight noticed that Kilgore's eyes were
black, his face and lip swollen"
Louis Mesmer testified that he saw
Oldriige in Lutweiler's shop after the
murder. By his side lay putty knife.
After few mere questions the witness
was withdrawn.
s. w. Luitweiler testified that Old
ridge had worked for him two years.
Had known the defendant since last
January. He was manager during wit
ness absence. He attended to his out
side business and travelled for him about
three or four months. Then the defen-
dant was promoted to position formerly
held by 4. K. johnson and johnson
took Kilgore's place. Johnson was
salesman then and Kilgore bookkeeper
and general manager. His duty was to
see that the men obeyed orders and car
ried out Luitweiler's wishes. When the
defendant gave Oldridge those orders
about the shafts he was discharging his
duty. And Oldridge had been given to
understand that he should take orders
from Kilgore. On the morning OF the
tragedy Kilgore told the witness when
he came to the shop that Oldridge
would not discharge his duties and the
witness told Kilgore to inform Oldridge
that if he could not obey orders he
should take his tools and leave the shop.
After Oldridge had whipped Kilgore
twice the witness told him that he was
acting unmanly. Oldridge said he un-
derstood that Kilgore wanted to get him
out of his position. The witness told
him this was not SO and that he must
take his orders from Kilgore. In cross
examination this witness denied having
contributed any money to the defense OF
Kilgore nor had he taken any particular
interest in the case, in favor OF kilgore.
The court then ordered recess till
2P. M.
AFTERNOON SESSION.
At the reconvening of court at 2P. NJ,
Ju ige Brunson occupying a seat on the
bench with Judge Cheney, MIR. Gage
read number of depositIons taken IN
Indiana. under stipulations between the
prosecution aud defense. These deposi
tions were taken for the purpose o.
establishing the general reputation O
the defendant for peace and quiet in hi
former home. They are sworn to by {
number of people with whom the de
fendant was on friendly terms in former
years and give him good claracter.
The deposition Of Theodore Giese
taken before the Coroner, was next eat
by the defense.
Mr.. Luitweiler, recalled, said he wa
present when the defendant SURRENDERED
himself at the police Office. Kilgor,
said he had shot man and handed min
the pistol. He did not say, "That il
what did it!'' In cross exa nination the
witness said he knew the policeman t.
whom the defendant gave him self up
Mr.. White then read the witnesses testl
mony given before Justice Ranney a
the examination on the 3lst of July, il
,yb;ch he answered to the question. cd,