Los Angeles herald., 1890-06-07
The Trial of the Castac Case
Still Under Way.
Several Witnesses Examined
for the Defense.
Photographs of the Vicinity of the
Shooting Exhibited.
The Chamber of Commerce Sends an Ex-
hibit East-Other Events of More
Than Ordinary Interest.

When court convened in department
of the superior court yesterday, where
the Castac case is being tried, Attorney
McComas, for the state, made motion
that the jury be taken to Castac callon
at the scene of the shooting, that they
be the better able to judge of the merits
of the case. Judge Cheney said that he
would over-rule the motion unless the
defense had no objection, and the at
torneys for Chormicle and Gardener re-
the testimony was all in.
The first witness called was John Hall,
the surveyor, who had testified before.
He drew map on the blackboard of the
section lines and various points at the
scene OF the shooting, showing the spot
where Miss Martinez stood when she
saw the shooting.
E. W. Fortune testified to taking
photographs of the cabin and valley,
and was examined at length as to the
location of the various objects and the
positions he had occupied while taking
the photographs. A large lot of photo
graphs were introduced in evidence, and
the examination of Fortune occupied the
remainder of the forenoon.
In the afternoon Surveyor Hall was re-
called, and questioned as to the photo
graphs, which he assisted Fortune to
take. A graphoscope was brought in,
and the jury spent an hour looking at
the pictures.
|. H. Polk, receiver of the land
Office, was called. He testified that
Walton made an application to enter on
the south half OF section 20, in January
last. The prosecution objected to the
introduction of this evidence, and Judge
Campbell said that he wanted to show
that Walton made application for the
land, was refused entry and went on the
section armed, to forcibly take posses
sion of it.
The court allowed the testimony, and
Mr.. Polk proceeded to read the order
from the general land Office giving the
allowed, namely, that the land was in
the railroad indemnity grant.
On cross-examination the prosecution
attempted to show that the section in
question was mineral land, and should
lidNc DeeIl WlIuuTdWu from Jno railroad s
grant, but the court refused to allow
such testimony, The prosecution ex-
cepted to the ruling, and Judge Cheney
stated that he should not have admitted
any of the testimony in regard to the
status of the title of the land, be-
yond the fact that Walton had applied
for entry, had the prosecution objected
to it. The court intimated that the
matter was not material, in any case, as
the title to the land was not the subject
before the court
Miss Hilda Martinez was recalled by
the defense, and pointed out in the
where she stood when she
saw the shooting. The defense asked
the witness about conversation she is
said to have had with old man Burola,
in which the latter said Cook shot in his
direction during the fusilade at the
cabin, but the question was not allowed.
The cross-eXamination of Miss Martinez
was very long, and consisted chiefly of
questions in regard to the relative posi-
tions OF points about the scene of the
shooting. The court adjourned at 5
O'Clock until this morning.