Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-05-23

I pidceu us OWL team &c the wagon ana look
it away; my brother has employed Major
Anderson to assist the prosecution in this
case; could not say who struck me first, the
defendant or his son; neither struck me
until l had laid my hands on defendants
shoulder; was standing next to the wagon
when the assault was made; lodged their
blows by falling to the ground; on arising,
struck the one nearest TO me; did not see
the defendant Immediately after getting up;
the horses ran away when the pistol was
fired, and before my son fell; he YVES be-
tween the wagon and the road; Billings
may have said he wanted hay, but do not
remember; suppose deceased was seen by
, Otis Billings when the latter leaped from
| the wagon; heard my son talking during
| the trouble, bat did not see him; may have
said at the inquest that Billings said he
was going TO take hay; my memory Of the
events was fresher then thar now, and my
statements then must have been correct;
my present memory of what occurred is
not very clear; the tragedy occurred in the
| forenoon.
On redirect examination witness testified
that during his absence his sen worked the
ranch, under a lease. kept their horses
there, etc. Witness repeated that his son
fell to the ground before any shots were
fired; did not see him rise; what he had
testified to to-day he distinctly remem-
bered.
Olive Hildreth, a child ten years of age,
was the next witness. When asked what
would become of any person who told a
falsehood, she said "He would not enter
the kingdom Of Heaven Witness said
that Francis d. Lighthali wss her mothers
cousin; she came to Sacramento in Decem.
Der last from Michigan; was at Mr.. Light
halls place on the day of the shooting; MIR.
Billings drove up to the barn, and Francis
walked out and objected to Mr.. Billings
taking hay from the barn; Mr.. Billings
said he had a right to take it; Francis shut
the barn door; just then MI. Billings and
his son struck Uncle Orth (deceased's
father, and Francis ran and jumped over
the wagon to where they were, when Mr..
Billings struck him with q club and then
shot him; did not see Frank do ANYTHING,
and saw nothing in his hand; did not see
him strike or attempt to strike Y
when the pistol was fired the second time,
| witness ran to the house.
The witness was cross examined at
length by Mr.. Johnson. She said that
when Billings and his son came her uncle
and his son were cleaning up the yard;
they went to the barn together when Bill
lDgs came; the latter got there ahead; Mr..
Lighthall was on one side of the wagon
and Frank On the other, Frank shut the
barn door, and then stepped back; heard
them ali talking; Frank forbade Billings
from taking anything from the barn: Bill
iDgs said he would take hay whenever he
liked; when the elder Ligbthall went TO
the wagon. where Billings and his son were
on the ground, they took clubs from the
wagon and assaulted him; when Frank
Jumped ever the wagon and vent Up to
them Billings knocked him down with a
club; the horses ran away when the first
shot was fired; thought that Otis first
jumped from the wagon; came into town
the same day and told her mother the par
| ticulars.
During the examination Of the witness
she said that when she told Mr.. Bruner
that Frank ran toward Billings after being
hit with the club her father corrected her
and said she should not say ran" but
staggered" The cross-examination of
the child was long and rigid, but in the
main she adhered to her first statements.
District Attorney Bruner then questioned
the Witness further regarding her testi-
mony. Referring to her statement that
she had not talked about the case to any,
one, witness said it was because she had
been instructed by Mr.. Bruner not to al
low anyone to talk to her on the subject.
Mrs. May Nj. Hildreth, being sworn, testi-
lied to being q cousin'of Francis Lighthall;
had seen the defendant and his son Otis,
but was not much acquainted with them.
Witness was questioned regarding what &C.
CURED at the ranch on the Tuesday prior
to the tragedy. There was a conversation
relating to the proposed removal of the
Lighthalls. Billings said he wanted them
to go, but Lighthall said he would not go
without being paid his money. Billings
said he would remove them first, and they
could come to his office and get their
money. He said he had always run his
ranch, and had in his pocket that which
would let him. William L!ghthall said
that was nice talk for a man in his circum-
stances, and Billings said he could "bs as
mean as the next man."
On cross-examination witness said the
men were all more or less angry during
their conversation.
Sheriff McMullen was called and identi-
fed the two clubs in Court as having been
procured by him on the spot where the
tragedy occurred, on the day of the occur
renee.
Under Sheriff Coons testified to having
received a pistol from the defendant OF the
day OF his arrest, and identified the weapon
Two of The chambers were empty.
Recess until 10 A. NJ this morning.