The herald., 1894-11-16
AvENG|NG NEMESIS UNL0OSED.
EContinued from fifth page. |

pent0r anu Tetluc III tulb Clby. SAW ue-
iendant on the 25th Of July on Spring
street outside store. He drove up in
a buggy at about o'clock. He asked
me to hold the horse while he wens in
side to get some cartridges. Returning
got into the buggy with him and drove
to the corner Of Commercial street."
Cross-examined-"rhe reason l got
into the buggy with him was because he
offered to nay me for holding his horse
and refused to accept anything. lie
then asked mo to drink or have q smoke
and again refused aud then he asked
me to take ride. He told me he was
al officer and was going into the country,
aud that he had just bought some cart-
ridges for his revolver. He wasn't drunk
and | could not detect liquor by his
breath. / got out at Commercial be-
cause | lived at Los Angeles and Fourth
ard was being taken away from my
home"
q Jesse P. Hunter, being recalled upon
the court reconvening in the afternoon,
stated further that the relations exist
ing between defendant and his wife just
prior TO the ehooting were not friendly.
Divorce proceedings had been COM
menced and angry feelings had been en-.
gendered by q conversation that took
place. AS a consequence they had quar-.
relied.
Croee. examined - My sister began
the suit for divorce. They were not filed
in this court, but | know papers had
been drawn by Judge Hester.
Peter Casteano. who is 23 years old
and lives at 423 Alpine street, said: l
know the defendant, and had conver-
cation with him relative to his wife just
prior to the shooting. He said be loved
his wife and children. but he was down
and both she and the old folks were do.
ing sll in their power against him, and
he'd do for them ell some Of these
nights.
Uross. examined - This conversation
took place two nights before the murder.
! fret retailed the conversation at the
blacksmith shop at the corner OF Alpine
street the day after the murder, and to
Joe Hunter, the night Of the murder. at
the ranch Craig was sober when talk
ing to me. He took no drink in my
presence.
George Hunter, one OF the victims Of
the tragedy at Hunters ranch, next took
the stsnd-"My hearing and my mem.
ory are not so good as before the shoot
ing" he began. Il remember seeing
defendant on July 25th. when he was
about 10 steps from the house. north.
When | came from the closet tried to
enter by the north door OF the house,
but it wac locked. and so l entered
through the kitchen, on the west eide Of
the house. | went to the hatrack and
got my hat or coat, | forget which, and
went out by the kitchen door. just out
eide l was shot"
"By whom? ?" inquired Attorney Gage.
Craig, suppose; don't know"
"How long was it before you recovered
ronsciousness ?"
II don't know. l had no conversation
with Craig at sll, but just outtids the
door somebody shot me. When re-
turned from the closet he seemed to be
talking TO himself with his back turned
to me.
"Have Won Lost your hearing in either
OF your ears?"
Eyes. sir; the left ear"
The face of witness was here exam-
ined by the jury for the purpose of see.
ing the powder stains.
81 remember when 1 was picked up,
and something also that took place when
Wub lynx WOubuCus DOAc OuO pub y
blanket over me.
Under DISCRIMINATION witness was
submitted TO An exhaustive interroga.
shooting, and every incident both before
and after that. directly or indirectly.
had. o. could have. a bearing on the
shooting. In some respects witness made
replies indicating either that his brain
had received injury and his memory
much weakened or that other witnesses
must in certain particulars be mistaken.
10 order to straighten out difficulty
Of this kind, Attorney Gage, on redirect
examination, asked you are not
positive as to whether Craig had his
coat on or not, are you"
Counsel for the deiense objected. and
for = moment or two there was y wran-
gle among the learned counsel on both
sides. Judge Smith rather caustically
said: Gentlemen, if you will permit
this court to have q word in the contro.
versy"-
"Then your honor will give me a
chance to put in an exception" inter-
posed Attorney Guthrie. anticipating the
ovsrruling of his objection.
We'll, you would do that any way"
dryly answered Judge Smith you
don't wait to be told to do that"
1--WE generally try to get them in as
quickly as possible" answered Attor-
ney Guthrie. He had the last word
The. witness answered that he could not
be positive. and the little jar came to an
end.
Then ensued scene that was dram ATTIC
in it's setting and in interest. Willie
Craig, a chubby faced and bright.look.
ing lad OF s years, was called to the wit
mesa stand. He came forward, and at
once counsel for the defense were on their
feet to oppose the introduction of testi-
mony from the child. They based their
objections ON O subdivision OF section
1850, code Of civil procedure, which
states that a child under 40 years of
age" cannot legally testify. The lad ap-
peared to be a gentlemsnly little fellow,
and rather shyly looked round on the,
TO him, strange scene. There seemed
something very pitiful in such a mere
child being called to help weave evidence
that might mean death to his own
father,
District Attorney Conkl ling, reading
from the code, showed that it referred
to any witness under 10 years of age
who, appearing incapable, ETC., should
not be permitted to testify. Thereupon
Judge Smith kindly began to interro-
gate the child, to find out his cspability
as witness. He said he knew he would
have to tell the truth after being sworn !;
that if he didn't. then he'd be
pent to Jail. Attorney Guthrie was
not satisfied with the short but very
kindly little examination OF the court,
and aakad a nnno har of q naatiana hi i'm.