Los Angeles daily herald., 1888-02-29
THE BoDKIN CASE.
The Third Trial Now in
Progress.
STORY OF THE PROSECUTION.
Several Witnesses Testify as to
How Lucius Elan Was
Shot.

The impanelling of the jury in the J. J.
Bodkin murder case, commenced on Mon.
day, was completed yesterday, and the trial
was opened shortly after 10 O'Clock, this
being the third time the defendant has
been placed on trial for the murder OF
Lucius Elan, near Orange, in November,
1886. The first witness called was s. F.
Gessom who testified to having met Mr..
Bodkin near his residence on the morning
of the 9TH, at which time he told him to go
down and take care of that man. Upon in.
shot down there in self-defense." went to
the place indicated, and found MT. Elan
lying on the bank of cut or ditch. He was
conscious and said Bodkia had shot him.
/ tried to lift him, but he could not
around my neck so could lift him, but he
could not do So l then called to BOdkin
and he came up, and together we carried
him into the house. left him on the floor
and started to the packing house for help.
heard him say he could MT live. When l
returned there were number of the neigh
bors in the house. They had placed de-
ceased in the bed and were rubbing him.
]. W. soUIREs
Was next called, and related the scene at
Elam's house after the shooting. The de-
ceased stated that he could not live, as he
thought the bullet was in his stomach. Wit
ness also testified to having discovered the
hat of deceased near the spot where Gessom
testified to having found deceased.
B. N. Conaway testified: saw Fam be-
tween and 10 O'Clock on the morning he
was shot. When I arrived l went into the
bedroom where he was lying upon bed,
suffering intensely. asked him how he
was, and he told me he would die that day:
asked him ii he thought he was prepared
~, a,Hr< r<,lv 1,fu md of ftarxx a n q
asked that minister be sent for. When
suggested that we should send for doctor
he replied: you may do so, but l don't
think it will do any good" -
MRS. s. P. HOWARD
Testified: 1 reside at Orange, about three
miles from Mr.. Elam's place. He was my
nephew, saw him on the day of the shoot
ing, at which time he told me he must die.
In reply to my desire to do something for
him he said all had been done that was
possible. He made every preparation for
death, deciding his farm to his sisters and
making other arrangements. During that
day he related to me how the trouble Oc-
CURED, stating that while in the road be-
tween the two farms, BOdkin's boy came out
and insulted him and he told him to be
paid no attention to this. He then started
for Bodkin's house to complain to the boy 8
father, and while crossing the ditch near
the house Mr.. BOdkin came out, and while
he was trying to tell what the BOY said he
drew pistol and shot him. 1t was about
p. NJ. on the day of the shooting when he
made this statement. He said he was un-
armed
VIOLA ELAN
Being called, testified: am the sister of de.
ceased and lived with him at the time OF
the trouble. ! was at school, or on the way
brother was shot. When got home l found
him lying on the bed. He said he did not
expect to ever get well. He told me how the
trouble occurred. (Witness here related
substantially the same facts Us testified to by
Mrs Howard.) My BROTHER told me Bodkins
drawing a pistol, shot him. Ny brother
usually carried a small pocket knife. /
suppose he had it on that day, but do not
know of my own knowledge.
N. E. sQUIREs:
lived in November, 1886, about one mile
from Mr.. l.. Elam's and Bodkin's places. l
was at the deceased's house about 8 o'clock
p. NJ. on the day of the shooting. In a con-
versation l tried to encourage him, but he
said he was badly hurt and not likely to get
WELL
TRUMBALL KENT
Testified: l was at Elam's house soon after
he was shot. There were several persons
thcrefwhen arrived. do not remember
having heard Elan express himself as to
the possibility of his death.
B. N. Conaway, being recalled, testified as
to the statements made by clam to him
him how it occurred. He said he was attend
ing to a cow, and while passing Bodkin's
house his boy ''sassed" him, and
after putting the COW in the lot
ne went so b@ aoo1 the bon p1SSe Se
crossing the ditch in front of the house
Bodkin came out. Elan then stated what
the boy had said, and in reply, Bodkin told
him to he p himself IL he could, at the same
time drawing a pistol and firing. Elan
knife, and that the shooting was entirely
without cause. He said Bodkin was only
about thre feet away when he fired.
A. C. SUMMERS
Testified. 1 lived near Elan in November,
1886. owned a ranch adjoining his. I
was at Elam's house early in the day on
bed shot, the ball having entered the upper
part of the abdomen. I saw Bodkin directly
after the shooting. He was placed in my
custody for about an hour by Officer West:
MINES mhe he M,s said G "Yes have % s gotten myself
into ascrape. I came home from school to
settle the matter" He referred to the
trouble between himself and E am. think
he said Elam threw stone on the house,
that she would not live there; 1 told Bod
kin did not care to talk of his trouble, as
did not want to get mixed up in it.
j. W. MILLER
Testified l live at San Pedro. Was at
Elam's place in the afternoon of the day he
was shot. In my hearing Elan said the
doctors said he could not live, and that he
had felt from the first that the wound was
fatal. In the presence of several persons
he stated that in the morning he was going
along the road when Bodkin's boy accOsted
him using very Indecent language. He
afterwards went over to the house to COM
plain to the boys father. While crossing
the ditch in front of the house, Bodkin
came out and met him. He told him his
boy had been applying some very violent
language to him, upon which Bodkin re-
piled; "Help yourself if you can. l Twill fix
yOu," and suiting the word to the deed,
he pulled out his pistol, pointed
it first at my head, then lowered 1t and fred.
Elan stated that when Bodkin pointed the
pistol at his head he said don't shoot me"
and that after the shot he fell and then Mrs.
Bodkin come come out and remarked: "he
has had what he long ago deserved" He
stated that he afterwards tried to get up, but
could not, and that it was by crawling that
he got on the other side of the ditch. He
repeated the story of the shooting several
lines, but not in the exact language have
related : -
The case at this pointw was adjourned un
til this morning. ~rs
TO PREVENT SMALLPOX.