Los Angeles herald., 1890-06-04
Testimony for the Prosecu-
tiOn Nearly In.
Cooks Ante-MOrtem Statement
to His Wife.
How ChOrmicle and Gardener Sur
rendered Themselves.
A Long List of Witnesses Summoned
From Ventura County on Behalf
of the Defendants.

A. Gardener ON the charge of the MUIR
der of Dolores Cook and G. w. Walton
was resumed at 10 o'clock yesterday
morning before Judge Cheney and a
jury in department l of the superior
court, the first witness called being
Gustave Dehaveaux, surveyor. He
testified to having, at the request of one
of the attorneys for the prosecution, on
March 10Th last, made diagram of the
Liebes cabin and its immediate sur
roundings. On cross-eXamination he
stated that he went to the cabin from
Jenkins's house. Last June he was a
witness for Jenkins in a case pending in
the United States court. At the re-
quest of one of the attorneys for the
prosecution he had made an experiment
as to whether anyone could be seen in
side the cabin from where the dead men
had stood.
DIR. D. Granville MCGOWAN, the next
witness, testified that on March 1st last
he held post-mortem examinations upon
the bodies of the two men, Walton and
Cook. Death resulted in Walton's case
from three bullet wounds, one in the
left breast, one under the armpit and
the last in the middle or the back,
which was evidently wound of exit
from the second bullet. The cause of
death in Cooks case was bullet wound
in the left shoulder, severing the collar
bone and cutting the spinal cord.
w. II. George, farmer and resident
of the Castac canon, testified that on
Of hn Sha hn Of l.
house, mile and half from the scene
ing he went to the cabin with others, on
the way he called in at Jenkins's house
revolver in his hand, which he said he
and two Mexicans back to the cabin,
and assisted in picking up Walton's
body and placing it in the wagon. At
the close of his direct testimony the
court took recess for luncheon.
On resuming at l 80 O'Clock George
was cross-examined, and stated that
several weeks before the shooting he had
caused Chormicle's arrest for building a
fence on some disputed territory, which
he claimed as government land, but
land. He did not take up the land in
the interest of Jenkins or anyone else.
He had made an experiment with a man
named Freeman from various points
outside the Liebes cabin, and therefore
knew that it was quite possible to see
and recognize anyone inside the windows
for considerable distance. He knew
of the flight of the defendants after the
shooting, although he did not go up to
their houses to see whether they were at
home or not.
Mrs. Francisco Cook, the wife of one
of the dead men, was then called to the
stand. She testified that she saw her
husband, Dolores Cook, at Jenkins's
house after he had been shot in the Cas-
tao cailon. After questioning her as to
his wounds, he had told her that he could
not live, and asked her to take care of
their children. His mind was clear and
he was in full possession of all his senses
until the time of his death, which oc-
CURED about ten minutes after the wit
ness arrived at his bedside. She asked
him about the shooting, and he told her
that he saw Gardener shoot at him
through one of the windows of
the Liebes cabin. On cross-examina-
tion Mrs. Cook said she was unable
to tell who were present at her hus-
bands bedside at the time of his death,
as there were so many of them, and she
was too preoccupied to notice them.
Her husbands wounded arm had been
set when she arrived at Jenkins's house,
but she noticed that his shirt sleeve had
been torn off in order to get at the
wound. The only person she had
spoken to about her husbands ante
mortem statement was one of the attor-
neys for the prosecution.
w. HI. Riley, sheriff of Ventura county,
stated that he saw and arrested the de-
PENDANTS in house in the Piru caflon,
Ventura county. They were both armed
with rifles, Chornicle having Marlin,
and Gardener a Winchester. He had
received word from the defendants as to
where they were awaiting him, and he
went to them and took them to
Ventura on March 18th last. They
remained in the Jail at that place all
night, and were brought down to Los
Angeles next day by himself and Sheriff
Aguirre. While en- route both defend
ants were placed in the baggage car be-
fore reaching Newhall, as they had
expressed themselves as afraid of being
lynched at that place by the Jenkins
gang. The witness positively identified
the two rifles which were produced as
those which he had taken from the de-
PENDANTS at the Ventura depot. The
witness was briefly cross-examined by
the defense, which made point of the
fact that the defendants sought him and
surrendered themselves at the first op-
portunity. The court then allowed the
defense to call Riley out of the regular
order as a character witness, in order to
allow OF his return to Ventura, and he
then testified that he had known Chor-
micle for number of years, and knew
his reputation in Ventura county to be
good.
At this juncture the prosecution an
nounced that Juan Burola and John
Goldsworthy, it's two remaining wit
nesses, had absented themselves and
could not be found, and it therefore
asked to be allowed to rest it's case con-
ditionally, but when said witnesses ap-
peared their testimony might be intro
duced. This the court refused to allow,
but after Thomas Riley and w. H.
George had been recalled and ques-
toned as to certain experiments made
by Goldsworthy in their presence at the
Liebes cabin after the shooting, the
court ordered recess until this morning
Of IN o,o1ock of which t;roo - =. bo,aI