Los Angeles daily herald., 1890-02-20
ON TRIAL FOB MURDER.

ON TRIAL FOR MURDER.
Philip Engie Answers For killing
His Br0ther-fn.LaW.
In Department of the Superior Court
yesterday iury was engaged in the trial
Of Philip Engle, for killing his brother
in-law, Chas. Curtis. Judge Mckinley
presides over the Investigation OF the
killing. The defendants case is con-
Quoted by Hon. s. M. White and James
Burdett while the State is represented
by Deputy District Attorney Hardesty.
The forenoon was consumed in getting a
Jury, and in putting the case of the State
before the Jury. When the court con-
yened in the afternoon, the first witness
called was DIR. Mccarthy, who made an
autopsy after the killing. He was not
present for some reason or other, and the
State wished q continuance to get
the doctor. The court denied the re-
guest, and told Mr.. Hardssty to 60 on
with his case. The doctor was wanted to
establish the fact in legal way that
Curtis was dead. The deputy constable,
Newell, who arreeted Engle, was called,
and told that he had gone to Engle's
house on November 20. 1889. whore he
saw the dead body of CAarles Curtis
lying Just inside one of the doors. He
arrested Engle, who did not seem de-
sirous of talking much, but acknowledged
that he had killed Curtis with rife he
had by him. The gun was shown and
identified by the officer as the one he
raw at Engle's house.
G. D. Curtis, farmer, who has been
supposed to have been the father OF the
deceased and of Engle's wife, was put
on the etand. He said he was not theil
father, but their uncle, and that he had
brought them up from childhood. He
told of the difficulty which lee
10 the killing of Curtis. Charles
Curtis had lived with Engle for years
and until three days prior to the killing
when he had got married and had gone
to live with his mother-in-law, not fsl
from the home of Engle. 1t was at La.
manda Station, abuve Sunny Slope, on
the Santa Fe line, in the San Gabriel
valley. On the day of the killing Curtie
was passing near Engle's house, and
heard some loud words between the man
and his wife. Curtis went to zee what
was the matter with his sister, and as
he entered he saw Engle kick her. He
demonstrated, and words grew hotter,
until Engle said: "Get out of the house.
You d. Yankee -, or 1 will kick
you too" Engle then struck Curtis with
. billet of wood. whereupon Curtis seized
his antagonist, and, throwing him to the
floor, proceeded to choke him. The wife
then pulled her brother off her husband,
and told the former to go home, which
he did. Some time after Curtis returned
to Engle's house, and Mrs. Engle, seeing
him, told her husband. As Curtis came
in the door Curtis shot him with his
rife.
In REORGANIZATION @. D. Curtis
acknowledged that he was now telling
the story for the first time, not having
mentioned it even at the preliminary
examination. Mrs. Van Slack and G.
P. Harmon were put on the stand, but
their evidence did not develop any ma
terial facts not found above. Here the
State rested and today the defense will
put in their testimony and the case is
likely to be ended before night.
This will probably be the line of de-
Tense taken. Just before November 20,
1889, Charles Curtis, who had up to that
time been living with his brother-in-
law, Philip Engle, at Lamsnds Station,
got married. The occasion was festive
one and both the men got quite hilarious.
Liquor begat bad blood and some quar-
reling resulted. On the day in question
Engle wished to look once more
on the wine regardless of it's redness,
likewise of the redness of his own
eyes, and went to the demijohn.
His wife had either emptied the
stuff, or had diluted it with
vinegar, thinking her spouse had enough
of it. Engle taxed her with the deed,
but she entered plea of not guilty.
Engle then told her that she lied, and as
. liar she should not read the bible any
more. He threw the book out of the
houue, and told her if she got it he would
throw her out. Her brother came in and
from words to blows. Curtis threw
his eye-balls protruded and his face was
black. Mrs, Engle pulled Curtis off bel
husband and sent him home. He re-
turned later, and as he entered the
door Engle warned him off, ar
order ne did not obey, but advanced OF
Engle with his hands raised. AS ht
came near he seized hold of gun which
Engle had in his hand. It went off
fatally wounding Curtis. 1t is rathe
significant that Mrs. Engle is not wit
ness for the prosecution. She is the onl,
eyewitness of the affair, except the dea'
man and the man charged with the mur
der. Thus the jury will be left with
small mass of testimony, greatly conflict
ing, out of which to reach verdict. S
M. White will do all he can, and that
much, for his client. The odds are lai
largely that the verdict, if one is reached
will be one of acquittal.