The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1896-09-24
Deceased q Scoundrel Without
Any Doubt
OF PROSECUTION
Lehman Deeper In the Legal Mire On the
Adultery Charge


lord Of the Carlton, but He Can't
Get His Rent-The Board
of Supervisors.
As the Kingsbury murder trial ap-
proaches its conclusion the interest has
wonderfully increased. Yesterday every
seat was occupied and during the after
noon every vacant bit of standing room
was taken up.
The defense has been we'll conducted
and has been singularly fortunate in
having received no inconsiderable aid
from the prosecution. More than one
witness, appearing for the latter. tes-
titled most emphatically to the defend
ant having stood in mortal fear Of Girl
jalva and so far sustained the contention
of the defense that he was actually in
fear of his life and with reason.
1t has been particularly unfortunate
that the names of the Van Ness family
should have been banded about in the
case. Whatever verdict the jury may
return the fact will remain that Girl
jalva was an unmitigated BLACKBOARD
and from moral standpoint the world
is none the poorer for his taking off.
MORE CHARACTER WITNESSES.
Jesse A. Green, constable and deputy
sheriff at Compton for four years. first
testified. to the good reputation of the
defendant and stated the reputation Of
the deceased was about the same. He
told how the defendants father came to
him on May 31st and told him about the
shooting of Grijalva and how he went
and arrested the defendant at his faith
er's house. Merrivale Machado was pro-
nounced by witness to be unworthy Of
belief.
you know Machado worked for a
number of people and they all speak well
of him. don't your" asked Mr.. McComas.
Eyes, sir; as to his working qualities.
you don't know Of a case where he
swore to a lie?"
Either he OF some Of his companions
did"
Witness opinion of the main witness
for the prosecution was not very high
and he was excused.
Will Gains, justice of the peace at
Compton, testified to knowing deceased
since his boyhood and for pilfering and
petty thefts he had a bad reputation
but as a peaceful man had not a partic-
ularly bad reputation. Under cross-ex-
animation witness conceded that de-
ceased was not a holy terror"
A. McComas relative of the deputy
district attorney, testified to having
lived % years at Compton. He pro-
nounced the defendant as a peaceful boy
all his life and rather cowardly than
otherwise. He knew Machado for a
- - III 49, to- g.
truth and veracity was bad; witness
wouldn't believe what he said Under
oath.
W. H. Harbell, a butcher for Is years
at Compton, testified to the defendants
good reputation and the doubtful repu-
tation of Grijalva.
II saw Rafael on the night before the
shooting near the blacksmith shop about
8 O'clock" said witness. HE owe me a
small amount and I asked him for it.
He said he couldn't pay and asked him
what he did with his money. He said
he had bought gun and he pulled 1t out
and showed 1t to me. He spoke Of Kings
bury and called him a coyote - -
- -, and said he was going to the
dance that night, and II he met him he'd
kill the About o'clock
/ saw Rafael again, just north of my
residence. I was riding saddle horse
1 asked Rafael as rode past If he had
got the coyote yet, and he replied, No,
but I'll get him today yet There was
another man with him at the time. but 1
didn't know him. Both men were I'M
der the influence of liquor
Owen Elf1nwell, a rancher living near
Compton, spoke to defendants reputa-
| ton and then Judge Smith intimated
| that he would hear no more character
| witnesses.
L. Terrell, Compton laborer. spoke
| Of having known Machado since he was
boy. His reputation is bad, and he
wouldn't believe him under oath. Under
| cross-examination he allowed that he
| never knew a law suit or anything of
| that kind wherein Machado had sworn
| falsely.
Counsel for the defense asked the
courtesy of the court for fifteen minu-
| ties while they conferred together pre-
vious to putting the defendant upon the
stand. Judge Smith is not fond Of de-
lay and refused to permit the recess.
THE DEFENDANTS STORY
The defendant, AL Kingsbury, was
| then put upon the stand and told his
F! story Of the shooting.
AS Attorney Peck was about to put the
| first question to the witness the de-
| PENDANTS mother came to his side and
whispered. 1t being critical moment,
when the defendant was about to begin
his testimony, Mr.. Peck somewhat I'M
tremendously waived Mrs. Kingsbury
aside. This provoked Mr.. McComas
humorously to remark that he should
always speak courteously to the ladies.
Mr.. Peck did not take the remark as
humorously as intended by Mr.. Nc
Comas, and he said that his client was
about to testify in his own behalf: he
was on trial for his life. and he begged
that counsel would not interrupt him.
Eyes, gentlemen interposed the
court Il trust that those courtesies will
be observed. I know how annoying II
is for counsel to be interrupted and |
tr,,st the case will be continued with
eedsr." i1i-
supposed the gentleman could take
little pleasantly. can any amount"
said Mr.. McComas, and the matter then
dropped.
witness then proceeded to tell his
story of the shooting in his own way.
Il had a difficulty with Rafael about
four years ago." he began; I'VE had a
fight and whipped him. and he wanted
Sanders and Santone to hold me while he
went to his sister Amelia's house to get
q pistol with which to kill me. The next
difficulty was on the 31st of May.
THE Van Ness family live on the
property adjoining my fathers, and
their house 10 about q quarter Of q mile
away. ! had . conversation with Mrs