Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-05-24

Win great force. OeIenCantS horses became
frightened at the tumult and started. The
deceased had his club raised to strike the
defendant a second blow, when Otis Bill
ings interfered. Luther Lighthall gave Otis
Billings q severe blow with his club. De-
fendant had the reins in one hand and
with the other pulled a pistol and fred at
the deceased, who fell 10 the ground, but,
arising, picked up a piece of scantling to
renew the attack on the defendant, who
then fired the second shot in self-defense.
Counsel would show that the Lighthalls
commenced the trouble and were the ag-
gressors from the start. At the time of the
shooting the horses had broken away, and
the defendant ran after them, while his son
assisted Luther Lighthall in removing the
deceased to the house.
The defense would show that the witness
Olive Hildreth was not, at the time of the
shooting, where she could see the ~alterca-
ton at all.
1t would be shown that when the de-
PENDANT had returned to the house. and
proposed to go for a doctor to attend the
wounded man, the father of the deceased
said to him: lit is too late to go for a
doctor now; the boy is dead. / don't
blame you for this trouble, Mr.. Billings
The defendant then returned to the CITY.
and went to the Office of his counsel. His
ny q 6uiEcOu, anu
be promptly gave himself up to the Sheriff.
1t will be shown that the defendant had
carried a pistol for years, as he had consid-
cred the road between his ranch and the
city a dangerous one to travel by night.
The clubs used in the encounter were the
sticks of wood commonly used as binders
on hay wagons.
The counsel for the defense would under
take to show that the defendant had no
possible motive nor desire for the killing of
the deceased, and that the homicide was
committed in iusti6able self-defense.
Mr.. JohnsOn's statement was listened to
with the closest attention, and at its close
the examination of witnesses for the de-
Tense began.
The first witness called was DIR. J. H.
Parkinson, a physician and surgeon of
Sacramento. He had been called to Mr..
Johnson's office on March LIST. Made an
examination of L. n. Billings and Otis E.
Billings. The latter had a confusion on
the right side of his neck one and a quarter
inches below the lobe of the ear. On the
summit of the confusion was an abrasion.
The confusion was about two inches square.
Had also an abrasion on the right hand
and a confusion over the left eve. Had
blood on his hands, collar and shirt. The
wound on his neck would require a severe
blow to produce. Here witness was
shown the two pieces of wood said to have
been used on the hay wagon
"A blow delivered by such clubs as those
shownc could have inflicted the injuries.
If young Billings had been struck on the
head with such a club it might have
stunned him and if hit on the temple it
might have killed him.
L. n. Billings had an abrasion upon the
left side OF his nose and a slight confusion
over the left eye.
Characterization by prosecution Otis
Billings had a confusion IN the summit of
which was an abrasion. Here the witness
defined the two terms specifically The
confusion was about the size of a hens egg.
The blow came from above and on the
right hand side. The result of such a blow
would depend upon the weight and shape
of the weapon used and the direction from
which it fell. The confusion over the left
eye might have been made with a mans
fist.
The abrasion upon the defendants nose
was such as, in the case of a healthy man,
would probably heal entirely within two
weeks. Witness examined the two men
carefully, taking probably fifteen or twenty
minutes for the examination. Was called
by Mr.. Johnson. 1t was 11:17 A. NJ. when
the examination began. Did not know
OF the homicide until the afternoon. The
injuries described were the only ones wit
ness saw on the two men.
Redirect examination-There was a
very distinct swelling on Otis Billings
neck.
Cross-examination-The blood was on
the young mans neck. and also on his
collar and shirt.
testified that he knew defendant. Had
bought hay of him, which was delivered
on the 18th of February, and prior to that
| date.
Gross examination-Witness received the
hay at the corner of Tenth and E streets.
Had had no other business with defend
ant or the day named.
Counsel for the people asked did he
not give you some instructions regarding a
horse on his ranch ?" EObjected to as i'm
proper cross-examination; objection sus-
tanned Defendant and his son had
come with the hay.
The next witness was Abner Rurns q
farmer residing four miles from the CITY.
Knew the defendent and Otis Billings.
Saw the latter on the I'd day of March. He
had a big bruise on the right side of his
neck, as big as three of witness fingers.
Saw no other bruises on him.
w. ID. Bradley, a hay merchant. doing
business at the corner of Eleventh and ]
streets, was familiar with the methods of
loading hay, and the sticks shown in Court
were such as were commonly used for load
ing hay.
Chris. Long knew the Billingses: also
Knew the deceased. The latter had worked
for him during the latter part of February.
Mrs. Miranda Billings testified that she
was the wife of the defendant. Otis E.
Billings was her adopted son. When her
husband left home on the morning of the
killing she had brushed his hat. "a
mashed hat was here presented by counsel. I
Recognized the hat as her husbands. 1t
was not in such broken condition as at
present. HAT offered in evidenced De-
PENDANT and Otis Turner went to the ranch
for hay several days in succession. Her
husband had carried a pistol ever since
buying the ranch. Witness told of injuries
borne by defendant and her son. corrobor-
ating DR.. Psrkinson's evidence.
Cross-examination Witness knew the
bay team which her husband drove. 1t
was very fractions.
Otis f. Billings, the adopted son of the
defendant. testified that be was "a years
old and weighed 127 pounds. The de-
ceased weighed, in his presence, last De-
cember, 10 pounds. He was a powerful
man. Had known the L~ighthalls since
last September. Had frequently been at
II oifSh IL GcltbSldDt ldu leased the
ranch to the Lighthalls. WITNESS identi-
fled the lease, which was offered in evil
dence
The Lighthalls accepted the lease. They
were away from the ranch a good deal.
The hay in the barn belonged to witness
father. 1t was all put in before making
the lease on November LIST.
There was a settlement made between
the defendant and the Lighthalls on Febru-
airy 22d. The deceased told him that he
was going to leave the ranch and that the
defendant was to allow him SI25 in the
settlement. Luther Ligbthall was not at
the ranch at that time. The deceased that
night delivered back the team and wagon
which the defendant had sold bis tenants.
On the Tuesday preceding the killing
witness and his father took two teams and
wagon and drove to the ranch to help the
Lighthalls move. as had been agreed upon.
Luther Lighfball asked the defendant if
he had brought the SIPS. He replied mo-.
Lighthall then said that one Of the teams
witness and his father had was his, and he
would hold il until the money was paid.
Defendant said he could have the team if
he paid the balance due on it. Lighthall
sent TO town for the money and paid it to
the defendant, and took the team and
wagon.
Witness and his father then drove to the
barn. Defendant did not say, Pm run
ming this ranch, and if can't do il | nave
l cnnrnfhsDv ~ ,-- - - q. 81 ~