Los Angeles herald., 1890-06-14
THE CASTAC CASE.
Gardener Tells His Story on
the Stand.
He Did Not Shoot at the De-
ceased.
The Circumstances Leading Up to the
Shooting.
The Defense Finishes It's Testimony and
Evidence Being Taken in Rebuttal.
Notes of the Trial.


ing on February 2Sth last, shot and
killed G. w. Walton and Dolores Cook,
in the Castac canon, as the result of
quarrel over the possession of section %,
was resumed before Judge Cheney and
jury in department 1 of the superior
court yesterday morning.
The first witness was John Kelton,
who stated that he was working
for the Chronicles last January, and he,
with the two Chormicle boys, was
arrested for putting up a fence. When
brought before Justice Jenkins, Mrs.
Chormicle attempted to state in court
that she ordered the work done, but the
court would not allow her to speak. The
boys were hurried to the county Jail,
and before they had opportunity Of hay
ing the matter brought to the attention
of the superior court they were placed
i'll the chain gang, but quickly released
when the matter came before Judge
Wade upon writ of habeas corpus.
The defendant, William A. Gardener,
was then called to the stand and testi-
fled In effect that he was 80 years of age
and had lived all his life in Ventura and
Los Angeles counties, residing in the
latter for the past eight years during
which time he had farmed and raised
bees. He at one time was in the en-
ploy of Schoder & Johnston, of this city.
He was intimately acquainted with the
Chormicle family, and knew almost
every inch of the Castac country. Knew
G. w. Walton during his lifetime. Sec
ton % had been fenced by Chormicle,
so that it was impossible for cattle to
get out when once on the land, except
by way of small caflon, which ran up
the mountains for about five miles, un-
less, of course, the gate was open.
After these preliminaries the witness
proceeded to the morning of the tragedy,
his account of which was to the follow
ing effect: On the morning of the fracas
he and his father responded to a sum-
mons from Mr.. Chormicle, who wished
them to witness his removal of the lum-
Der which Walton had hauled upon sec
ton %. On arrival at the land they
met Chormicle close to the fence. As it
was cold day the witness proposed that
they should go over to the cabin, and as
there was fire there he sat down and
warmed his feet at the stove. After a
while he and his father returned home
to breakfast; and in the meantime the
lumber had been removed and the wagon
left in front of the gate so as to prevent
the ingress of the Jenkins party.
After breakfast the witness saddled
his mare and started out for Miss Mar
tinez's house, he having promised to call
and translate some letters referring to q
mineral contest for her. On the way he
met Chormicle, who was carrying two
rifles, and at his request accompanied
him down to the cabin again. They en-
tered the cabin and the witness sat
down by the stove, in such position
that he could see through the doorway.
After being there a few minutes he
saw jenkins and his gang coming up
but before reaching the fence, Jenkins
rode back, leaving two men to load up
the lumber at the fence, on the
wagon they had brought for the
purpose. In few minutes Walton and
Dime drove past the cabin in the wagon
with load of lumber, and Chormicle
went out and talked with them, but the
witness could not hear what was said,
as he still sat by the stove. Sud-
denly, from his point OF vantage, he
saw Dime run around the wagon
towards Chormicle, and he Immediately
ran out, and seeing Cook also advanc-
ing, told him to keep away, as it was
none of his fight, whereupon both Cook
and Dime kept aloof. Meanwhile, how
ever, Chormicle and Walton had been
clinched, but as they separated, Choir
micle ran to the horses heads and
grabbed the lines. Walton told Joe
Dime to drive on while he made the old
--- let loose, at the same mo-
ment drawing his pistol and advancing
N lnIn yTh cfn Vol
ton then got on the wagon again and
drove on up to the lumber pile, I'M
loaded, and returned for second load.
After putting the lumber on the
wagon they started back, and, as they
did So Chormicle left the house
with the Marlin in his hand. The
witness followed, and heard him tell
Dime to stop, as the wagon approached
the house. Both Dime and Walton,
however, reached for their pistols, and
Chormicle raised his rifle and fired. At
the second shot Walton fell and Dime
ran away. No shots were fired at Dime
after he started towards the fence, al
though he carried large pistol in his
hand. Cook was advancing in the buggy,
his horse being at trot. He stood up
in the buggy, the lines being in his left
hand, and large, bright pistol in his
right. He was urging the horse on,
when Chormicle turned and fired. As
the horse veered round at the shot, he
fired again and Cook pitched forward
and fell out of the buggy. The first
three shots were fired very rapidly by
Chormicle, but short space of time
elapsed between the third and fourth
shots, during which Chormicle dropped
the Marlin and turning round picked up
the Winchester.
After the shooting Chormicle took
both rifles and started off up the canon.
The witness unhitched his mare, which
had been tied to wagon behind the
house, and followed, overtaking him
some distance away. He then asked
Chormicle for one of the guns, and took
the Winchester, but on arrival at his
house left it there. He then got his own
gun and some Marlin cartridges for Choir
micle. During the shooting he had
small pistol in his pocket, but did not
draw it, nor did he fire shot. Juan
Burrola, the old Indian, had been sitting
behind the house at the time of the
shooting, but he was out of sight.
On cross-examination the witness
stated that after the shooting he and
Chormicle started out for the switch,
but before reaching it they saw four