Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-08-23
Case OF SELF-DEFEKSE.
THE COSTUMES TRAGEDY VENTILATED
BEFORE JUSTICE DEvINE.
walter Pierson the Victim of Other
Mems Thoushtlessness-The Two
Prisoners Discharged.

at the Costumes river on the 9th OF laSf
month, took place before Justice Devine
yesterday. One of the Cinnamon was ar
rested by young man named Grimshaw
on the night of the unfortunate affair, and
the other was arrested near Michigan Bar
few days later, and brought here by Deputy
Sheriff Heath.
District Attorney Elwood Bruner and
Assistant District Attorney A. ]. Bruner
conducted the prosecution, and the defense
was represented by C. T. Jones.
The first witness called was John Pier
son. father of Walter L. Pierson, the de-
ceased. He testified that on the afternoon
of the 9th of July the deceased was at
witness house about o'clock. About
half-hour later his sons dead body was
brought to his house. There were two or
more knife wounds in his back.
Henry Daken testified that he had
worked for deceased. He was present at
the time Pierson was killed. The witness
then related what occurred on the day of
the murder. The deceased, Edward Lynch,
J. II. Pierson, Mr.. Russell, Alvy Pierson,
Hold Person, e. W. Startsman and Edward
on Sunday, the 9th of July, when some
one of the party proposed that they go to
the Costumes river for swim. They all
agreed, and on the way down stopped at
the orchard where some Cinnamon were
drying fruit, to get some peaches. After
they had eaten some fruit one of the party
remarked to Startsman that then was his
opportunity to tackle q ChinGman with
whom he had had some trouble. Starts
man and the Chinaman then got to quarrel
ing, and the latter threatened Startsman
with his knife, when Dennis Dalton
seized the Chinaman and hurled him to
the ground. Then one of the Cinnamon
gave yell, and the fight became general.
During the melee one Chinaman caught
and held Walter Pierson while another
stabbed him. Witness was trying to save
the latter, but the Cinnamon were too
Quick for him. Deceased had told Starts
man that he would borrow the knife of the
Chinaman with whom he had quarreled,
SO that they could have fair fight. The
Chinaman refused to give up his knife, and
deceased then took out his own pocket
knife and sat down and pared a peach.
Witness and Dennis Dalton carried Pier
sons body from the place. There were
eight Cinnamon present, but only seven
were engaged in the fight.
On cross examination, witness said that
on the morning of the day on which Pier
son lost his life he heard some one remark
that I'VE will let it go until o'clock in the
afternoon, and meet there This related
to Startsmans proposition to settle his diff
ficulty with one of the Cinnamon. Starts
man carried whip-stock inside his pants.
1t had string on the end. with which to
secure ii ON his wrist. Some days before
the difficulty Startsman said TO J. II. Pier
son that in a week there wouldn't be a
Chinaman on the ranch. [Stricken out ]
The party that went TO the Chinamen's
place on the Sunday afternoon in question
consisted of ten persons.
The witness said that during the fight he
saw Walter Pierson strike a Chinaman
with hoe, but that the weapon was broken
by the blow.
E. W. Startsman then told his story of
the affair. He was at Mr.. Dalton's house
on the afternoon of Sunday, July 9th.
After dinner Edward Dalton suggested q
swim, and they went TO Persons house
and asked the boys to go. They said they
would after dinner. Then they all went
down past Dennis Dalton's house, and he
Joined the party. At the peach orchard
they stopped and ate some peaches where
the Cinnamon were at work. Il kinder
thought" said the witness, that they ex-
pected me to lick the Chinamsn who had
struck me with gun on the Wednesday
before" Mr.. Daken said if they would
bring the Chinaman ont, he would lick
MIN, but witness said he felt able to do his
own fighting. Somebody remarked to wit
ness, Now is your time" and witness
went up to the Chinaman and asked him
why he abused him on the previous occa-
sion. Another Chinaman interfered, but
Dennis Dalton threw him away. Then
the Chinaman with whom witness was
talking kicked the latter, who grabbed a
pole and struck at the Chinaman. The
latter grabbed the pole and a struggle en-
sued for its possession. In the meantime
yell was given, and all the Cinnamon
Jumped up and went to fighting. A mo-
ment latter witness heard some one say
that Walter was dying. One of the China
men cut the witness on the hand in three
place. the same one that stabbed Pierson.
There were five Cinnamon surrounding
witness, and Dennis Dalton cried to him to
get out of the yard or he would be killed.
Witness identified one of the Cinnamon in
Court (Ah Sang) as one who had cut him
with knife.
On cross examination witness denied
that he went to the orchard with the pur-
pose or expectation of having trouble with
the Chinaman who had assaulted him some
DAYS before. But he had made up his mind
to whip the Chinaman the first time he
found him alone, or get whipped. He told
the members of the party, when they
wanted him to fight, that he would rather
go swimming and then return in the even
ing and meet the Chinsman alone. Walter
Pierson offered to borrow the knife from
the Chinaman, and asked for it. Witness
then saw a knife in Persons hand, as he
pared peach, but did not see one in the
Chinaman's hand. Daken said to witness
that if he would get the Chinaman out of
the crowd he would lick him for dollar
and-a-half.
At the afternoon session the cross ex-
animation of Mr.. Startsman was continued
at some length, but in the main he held TO
the above statement.
The prosecution next called Dennis Dali
ton, who gave his version of the ARRAY on
the afternoon of July 9th. He and Dorian
were at his house when party of young
men passed, on their way to GO swimming
After they had gone witness and Dorian fol-
lowed and at the Chinese camp they found
the young men all sitting around and sky
larking. Witness son was up in fig tree.
Soon witness heard STATESMAN tell one OF
the Cinnamon that he'd better not draw a
gun on him again. Some more words fol-
lowed, when a Chinaman raised his knife,
said something in Chinese, and then all the
Cinnamon jumped to their feet and went
for the white men. One OF the Cinnamon
ran 70 bunk outside the cabin and got a
sword or long knife. Witness knocked
down several of the Cinnamon who had
weapons. Not one of the white men was
armed. When witness got 10 where Pier
son lay the Cinnamon had all escaped.
On cross.examination witness said he
had heard Startsman say he would get even
with the Chinaman with whom be had had
trouble. Witness did not hear Walter
Pierson say anything about borrowing the
Chinaman's knife, and did not see him do
anything to cause trouble. Witness de-
MED that be saw q Chinsman with his
hand on Startsmau's shoulder before the
trouble occurred and that he (Dalton)
knocked the Chinsman down.
Patrick Dorian, who was one of the men
carved by the Cinnamon on that occasion,