Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-05-25

the lines in his left hand and drew his pis-
tol with the right and fired. Witness son
was then lying on the ground, apparently
dead. At the first shot young Lighthall
tel, but grasped a piece of heavy scantling
n came at witness. Feeling that his life
was in danger, witness fired again. At the
second shot the horses sprang and got
away from witness. They ran to some
lumber, where one of them fell. Francis
Lighthall turned toward the house, but
fell. Then saw his son in the elder Light
halls grasp, and went to him and COM
manded him TO let go, which he did. All
then turned to young Lighthall, and the
elder Lighthall asked witness to go for a
doctor. The latter went after the horses
for that purpose, and was soon rejoined by
mis- son Otis. The elder Lighthall came to
where they were and said: mfr. Billings.
| Will help you get your horse up. You
are not to blame in this matter" Witness
told him to go away. that they did not
need his assistance. Shortly L~ighthall re-
turned and said it was too late to go for q
doctor, that his son was dead. Witness
then started to town on foot, but was over
taken by his son with the wagon. During
the difficulty did not strike either of the
Lighthalls. Francis Lighthall was a pow.
erful young man. Have not seen the piece
OF scaDtling since, but would recognize it if
lsaw 1t. Witness has several bruises re-
ceived during the assault. Witness came
10 town and surrendered himself to the
Sheriff. After being struck by young
Llghthall, witness warned him several
times to stand back.
Observation-Disclosures said he wrote
the lease, and the terms were arranged by
him. The Lighthalls did not have the
right to use the barn without witness per-
mission, but never objected to their doing
so. They did use It. and also the hay, but
were to pay witness for the latter. Some
times witness had the key to the barn, and
sometimes the lessees had it. Sometimes
the key was left in the barn. Did not lease
the barn to the Lighthalls. Witness re-
served the barn for his own use: that was
the understanding, but never objected to
their using it until the Tuesday before the
difficulty.
Witness again went over his explanation
of the Sl25 settlement, which was long and
tedious. Nearly every question was OBJ
Jected 10, overruled, aud an exception
taken.
On the 2lst of February Francis D.
Lighthall said to witness that he had de-
cided TO leave the ranch for certain reasons.
and witness asked him to make out a
written statement to be submitted on the
following day when he (witness) would
come for some hay. The conversation &C.
Cured out Of doors and not in the house.
Some ofthe family were present. but wit
ness could not say whom. From then
until the day of the difficulty no dispute
OF any kind had occurred between witness
and the Lighthalls did have some words
about a halter; il was with the elder
Llghthall; went to the house for q
halter with which to lead a horse belong.
inn tn. Ny arpAar 10 f1-, - - -
refused TO give it up until he had received
his one-third of the pasturage money due.
Witness then told Lighthall that he could
take the horse 10 its owner and collect the
money.
The prosecution offered to prove by the
terms of the lease that defendant had
warned persons not to pay money TO the
lessees for pasturage; and a long argument
occurred as to its admtssibility. The
Court ruled in favor of the defense.
On the day before the difficulty witness
selected q room in the house, and told the
family be intended TO occupy it. w. A.
Ligh!hall remarked that if he had control
CT the ranch he would not winter on it. and
witness replied that if he (W. A. Light
hall) bad staid in Michigan, he and L O.
Lighthall would have had no difficulty.
In response to questions by counsel, wit.
ness again related the circumstances of the
difficulty resulting in the shooting Of F.
D. Lighthall.
On redirect-examination a piece of scant-
ling was shown the witness, and he identi-
ned 1t as the one with which Francis Light
hall was about to assault him when he
(witness) fired the fatal shots.
On re-cross-examination witness said be
had no recollection Of having proposed to
Francis D. Lighthall that both he and the
witness burn their respective copies of the
lease, and that afterward he the witness)
would'pay the s125.
John Rogers, a trusty in the county Jail,
testified to bruises on Billings side, his
nose and his temple on the day he was
brought to the Jail.
Frank Robertson testified to having seen
bruises on the temple and hands of the de-
PENDANT.
The defense here rested, and a recess was
taken until 10 o'clock this morning, when
the prosecution will introduce rebuttal
~ ac~f - Dn