Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-05-26
TIE CASE CLOSED.
TESTIMONY CONCLUDED IN THE
BILLINGS TRIAL.
A Weary Day of Rebuttal Evidence
and Objection-Recess Till
Tomorrow.

On the resumption ofthe Billings murdel
trial yesterday morning the prosecution in,
troduced evidence in rebuttal and first called
City Physician Nichols 10 the stand. Wit
ness testified to having seen the defendant
in the County Jail on the Monday follow.
ing the death OF Francis Lighthall, and
failed to discover evidences of bruises upon
his face.
Sheriff McMul.en testified 10 having
visited the scene of the shooting a few
hours after the occurrence. He was asked
if he made any search for sticks or clubs
used in the affray.
The defense strenuously objected to the
introduction of such testimony as not be-
ing in rebuttal.
The Court overruled the objection, and
witness testified to having made a search in
front of the barn for implements that might
have been used in the aifray. His search
embraced an area of thirty or forty feet.
Being shown the piece of scantling intro
duced by the defense, witness said he did
not see it on the premises.
A. Diefendorf being called, testified that
he had been at the Billings ranch three
times. Witness told of one occasion when
several persons on the place, including
Francis Lighthall. were weighed. The
latter's weight was 136 pounds. Thought
little OF the matter and made no memo
randum of the weight.
George Lighthall, a son OF William Light
hall and cousin of the deceased, testified
concerning the size and weight of the latter.
He was a very small man. His weight
was 136 pounds; saw him weighed about a
week before he was killed; the night before
he was killed saw him weighed and his
weight was 13S pounds. Witness saw a
letter offered by Francis Lighthall 10 defend
ant, saying that it came from Major An
derson. Billings declined to receive it, and
when Francis continued to urge it upon
him Billings told him it would not be well
for him TO proceed any farther. This &C.
CURED in the yard of George Lang.
]. E. Manlove testified to having seen T..
n. Billings in the county Jail on the Mon
day following the killing of young Light
hall, and saw no bruises on his person,
although he took particular notice of him.
During the examination Of this witness
the Court saw tit.to rebuke the counsel for
the defense for his manner of treating the
witness, and Mr.. johnson objected to the
reproval and noted IN exception thereto.
The Court remarked that counsel might
have his objection, but he would enforce
the rule to protect a witness while on the
stand.
Mrs. Hildreth was recalled and asked
concerning a conversation about a room at
the ranch on the Tuesday prior to the fatal
ARRAY. An objection being made thereto
on the ground hat the witness was fully
examined on the point on direct examina-
ton, the objection was sustained.
Recess till $50 P. J..
AFTERNOON SESSION.
Mrs. May Hildreth being called, testified
that the weight of Francis Lighthall was
1876 pounds. Witness testified regarding a
conversation between Billings and Francis
Lighthall on the Saturday before the shoot
ing. Billings told Lighthall hat if the lat
ter would burn his papers be (Billings)
would Go likewise with his on reaching
home. Lighthall declined doing so. and
Billings remarked that he was good for
500. Lighthall replied that he might be
but the amount was Sl25, and he preferred
to keep his papers.
Miss Lucinda Lighthall testified to Fran.
els Lighthalls weight being 136 pounds.
Olive Hlldreth testified that Otis Billings
hitched up the sorrel team on Saturday
and drote it away. Francis Lighthall was
in the house at the time the team was
hitched up.
Henry Aultpeter testified that scarcely
any time elapsed between the firing of the
two pistol shots they were so close to.
gether as to attract his attention.
Deputy Sheriff Coggswell identified the
hat worn by the defendant when brought
to the Jail, and heretofore shown in Court.
testified that the hat was accidentally sat
upon by en- inmate of the Jail and crushed.
1.-THE hat shows bad USAGE
Luther Lighthall testified that on the
day his son was shot he did not use the
profane Language attributed to him by the
defendant. Did not see any scantling in
the yard at the time of the difficulty.
Shortly before the trouble witness and his
son had picked up all the rubbish in the
yard. The scsntling ives used in the barn,
and always kept there. Witness did say to
Otis Billings that he did not blame him so
much. Did go over and offer to help get
up the fallen horse, but cid not tell the
elder Billings did not blame him for what
had happened; felt sorry tor the horse, and
wanted to help him up; did say it was too
late to go for a doctor.
The prosecution here rested.
Mr.. Johnson, for the Defense offered in
evidence a portion OF the official record OF
the Coroner's inquest on the body of Fran
els Lighlhall.
District Attorney Bruner asked the
whole of the document being admitted, or
none at all.
Mr.. johnson objected to the whole docu-
ment going in, but desired only one oues-
ton and answer therein.
The Court denied the motion to intro
duce a separate deposition, and the defense
objected.
w. Il. Bradley testified that Francis
Lightball was weighed in witness place
last January. He weighed 165 pounds.
Lighthall so told him did not see the
figures on the scales.
MIR. Johnson asked permission of the
Court to reopen the case for the purpose of
introducing one witness on the question of
Francis Lighthall's weight.
District Attorney Bruner objected, the
Court sustained the objection, and the de-
Tense excepted.
The case was here closed on both sides.
O'Clock on Monday. The Jury was given
the usual instructions and placed in charge
of the Sheriff.
Mr.. Johnson moved that the Jury be
allowed to visit and inspect the scene of
the tragedy, which the Court denied as be-
ing full of danger.
Mr.. Johnson then objected to Deputy
Sheriff Coggswell being placed in charge OF
the jury, on the ground that he had been
a witness for the prosecution, and had a
prejudice against the defendant.
The Court said the wishes of counsel in
the matter would be complied with. and