Los Angeles herald., 1890-06-11
THE CASTAC CASE.
Chormicle Says He Shot Cook
and Walton.
Gardener Was Unarmed and
Took No Part.
Several Witnesses Testify to the Bad
Character of Cook.
DEFENDANTS Statement Regarding the
Shooting Attracts Considerable At
tention-Other Evidence.

When Judge Cheney and the jury in
the Castac case took their seats yester-
day morning, the courtroom was packed
with spectators, eager to hear the
account of the shooting from the lips of
the defendant Chormicle, ne having re-
lated all the circumstances surrounding
the affair on Monday afternoon. His
testimony was even more interesting
than that of the previous day, and was
to the following effect:
After sitting in the cabin with Gar
dener for few minutes he heard the
wagon returning, and with the Marlin
rife in his hand and revolver in his
hip pocket, he walked out of the cabin
and waited for it. As he stepped out in
front of the cabin he called upon Walton
and Dime to stop, but both men threw
their hands back to their hip pockets
and attempted to draw their pistols.
Divining their intention, he fired with
the rifle and Walton fell, Dime
jumping from the wagon with
his pistol in his hand as the sec
ond shot was fired. After firing
again Chormicle dropped the Marlin
rifle, and stepping back grabbed the
Winchester, which was leaning against
the house, and as Cook was advancing
with pistol in his hand, Chormicle
fired again and Cook fell forward in his
buggy. The mare attached to the We
hicle then ran away, and at that mo-
ment Chormicle turned for the first
time and saw Gardener standing close
behind him unarmed.
ChormicIe admitted that there were
no shots fired by the intruders, and that
he fired four times at Walton and twice
at Cook. He denied having fired from
the cabin, however, and insisted that
after the second shot at Cook he did not
shoot again. After the shooting he
picked up both rifles and walked up the
cafion. Gardener followed on buck
skin mare, and asked for one of the
rifles. Chormicle asked if he had any
Marlin cartridges, and he replied that
he had up at the house, and rode off to
get them, shortly after returning with
some.
The Winchester rifle exhibited in
court, Chormicle stated, was not the one
which he used during the shooting.
Will Gardener took the one he had at
that time, and he had not seen it since.
His reason for taking the rifle out that
morning was that he thought that if
Walton saw that he was armed he would
60 away. He readily identified another
rife which was introduced, as his, and
stated that he was used to handling it
and could shoot twelve to fourteen shots
with it in a minute.
Juan Burrola and boy were at the
southwest side of the house, sitting on a
turkey coop, but they were unable to
see him from where they were.
On cross-examination Chormicle ad-
hered strictly to the story he told on
direct examination, and throughout. the
severe cross-questioning he was sub
jected to by the prosecution, he sus-
tanned cool and quiet demeanor.
When court reconvened after the noon
recess, the defense created somewhat of
a sensation by announcing that it desired
to acquaint the court with the fact that
w. W. jenkins had attempted to intimi-
date some OF the witnesses, should they
testify to anything derogatory to him.
The prosecution vigorously denied that
Jenkins had done anything of the sort,
and counsel entered into lively debate
on the question, but were promptly
called to order by the court, who an
nounced his intention OF stopping any
thing of the kind, should it be going on.
Miguel Duron, storekeeper at New
hall, was the first witness called at the
close of Chronicles cross-eXamination.
He testified that he knew both defend
ants, and had known Dolores Cook since
1876, but was not acquainted with Wal
ton in his lifetime. Shortly before the
shooting Cook called at his house, and
they stood upon the porch and talked
about Chormicle in the presence of G..
Moore and man named Lopez. Duron
asked Cook how the lawsuits be-
tween Chormicle and the others had
resulted at San Fernando. Cook re-
piled that he had got away with them.
Duron noticing that he carried weapons,
told him that it was bad business to
do so. Cook replied that he knew his
business, and as Chormicle passed into
saloon near by at that moment, he
added, "Look, there goes the -
-- am armed for" Duron said
that he had better not get mixed up in
any such racket and that he had better
go away, but Cook said warmly that
they would have to bury him in the
same tomb with Jenkins before they got
away with him.
G. R. Moore, also of Newhall, corrob-
Grated Duron's testimony, and also tes-
tilted that Cooks reputation for truth
and veracity, peace and quiet was bad.
W. M. Bailey, of the Alamo rancho,
eight miles south of German station,
also testified that Cook had borne bad
reputation.
Martin Kaufman, constable of Santa
Paula, had known Chormicle very we'll
for number of years, having lived
within four miles Of his house. When
he saw him board the cars at Piru with
the sheriff he noticed something strange
about Chronicles face, his beard hay
ing been torn out on one side, leaving a
swollen red place on his cheek.
On cross-examination he said that
Chormicle stated that it had been done
in the fracas, but he did not say who
did it.
Thos. Marple was then called to the
stand, but was very briefly examined
and the court adjourned.
WANTS DAMAGES