Los Angeles daily herald., 1889-01-17
A MEXICAN MURDER.
David Leiva on Trial for the Kill
ing of an Old Man.

David Leiva on Trial for the Kill.
ing of an Old Man.
The taking of testimony in the trial of
David Leiva, who is charged with having
murdered an old man by the name of
Lopez at Verdugo CT the 14th Of last
October, continued throughout the day
yesterday. Frank Luca, who gave his
testimony for the prosecution Tuesday
afternoon, was cross-examined by the
| defense, but no material changes were
made in the evidence which he had
offered.
Raquena Verdugo was then summoned
| to the stand, and testified to what he saw
take place on the day of the killing. He
was at Zalder's saloon when the defend
ant came up with game cock and chal-
lenged everybody to produce bird to
fight with his. When no one took up
the challenge he began to insult those
present, and fist fight followed. Leiva
then went out to his buggy and got his
double -barreled shotgun and tried to
shoot the witness, but the gun would not
go Off Verdugo then fred at leiva with a
revolver but missed him. The
defendant then loaded his gun and
took an oath that he would
kill either Verdugo, Lopez or Olivas be-
fore the day was done. Leiva then went
away after trying again to get shot at
the witness. The witness was in Her
mans house when Lopez was shot and
did not see that affair. The cross-exam-
ination left the testimony of Raquena
| Verdugo unchanged.
Vicerte Figuroa was the first witness
called 10 the afternoon. He stated that
he was laborer and lived in Verdugo.
''On the afternoon of the 14th of Feb
ruary," said he, 81 saw the defendant
come up with rooster, which he offered
to fight against any they would put up
for 500. When nobody took him up he
began to insult those who were in the
saloon. Angry words and blows were
exchanged, and shots between Raquena
| Verdugo and Leiva. The defendant took
the gun and loaded it, and being appar-
emily angry, brought it down to the
ground with a violent blow and broke
the stock. Leiva and another man, do
no. know who, drove away up the caiion,
but turned back presently, and as they
passed the stable to Lopez's house
Leiva fred at Lopez. l saw
Lopez squattipg down with his hands on
his body. AT the shots he sprang up and
jumped toward the defendant and
then fell dead. l went with several
others toward where Lopez was lying
and found him dead, with great wound
in his chest. 1 saw no pistol in his hand
nor anywhere about"
H. Cohn, OF Verdugo, the proprietor
of general merchandise store, testified
that he saw the row at the saloon.
After the fight was over he saw the de-
fendant kneel down and swear: "By
the sun that is shining and the leaves on
the trees, swear that before the day is
through, will kill Pedro Lopez, Jose
Oleivas or Rae uena Verdugo, or all of
them" He then started off and as he
passed the witness he said, "Get out
of the way" The witness heard the
two shots, but could not swear that they
were both reports from gun.
Poramo Zalder, the keeper OF the sa-
loon at which the row took place, testi-
fed to the evident quarrelsome disposi-
ton of Leiva and his oath to kill Lopez.
He also saw the defendant going about
with the shotgun, threatening to kill
every body that came in his way. This
witness also heard two. shots in quick
succession.
Emanuel Verdugo was another of the
crowd at the saloon who saw the row.
He testified to the defendants insulting
everybody in the saloon and his attempt
to shoot Requena Verdugo. He heard
the oath which the defendant took, and
then saw him drive off up the road
heard the shots, but did not see the shoot
ing. On cross-examination the witness
stated that he was nephew to the de-
ceased, and that Requena Ve1dugo was
his first cousin.
The Court then took recess until O.
o'clock this morning.
Hhildran Ecu for p;4ahn.la naa4a.sa1