The herald., 1896-09-23

had occurred meantime to warrant him
going again into the matter.
The court said that was his UNDER
standing. but Mr.. McComas argued that
by the action of the defense the clothing
was going to make big fgure-he
didn't know how--but taking his cue
from them he desired to ask the witness
some questions.
DIR. Downs said those overalls in evil
dence resembled the ones he had seen
on Rafael
Upon recross-examination witness re-
fused however. to say positively the
pants were the same he had seen.
My answer" said the witness. was
that they resembled those I had seen"
What, in color, DOCTOR" interposed
Mr.. McComas.
Don't answer" remarked Mr.. Peck
TO the witness. IF it please the court,
1 don't wish to be interrupted in my ex-
animation"
IT'S improper, wholly improper" said
Judge Smith, and the district attorney
for the time being ceased giving the wit
ness pointers.
The pants were submitted to witness
to look for blood spots, and he was asked
If the blood stains could be washed out.
He replied that 1t depended upon the
amount of exertion used
Don't you know that in washing
blood stains with soap it fixes the stain
Il can't say that. I've taken blood
stains out of my own pants that left no
stain or that can be distinguished"
would you swear that stains could
be washed out in three washings within
eighteen hours?"
II wouldn't swear to that at ALL"
Witness proceeded to say that the
Kind OF water and soap used would be
FACTORS in the case of removing blood
stains. There might be evidences Of a
stain under a miscroscope, CT it might
show on q white piece Of cloth, but on
not show.
Upon the examination of this witness
concluding the prosecution rested it's
case.
THE DEFENSE OPENS.
Attorney Peck proceeded to outline to
the jury the defense He said that the
ueIense would rest on certain facts.
certain allegations had been made re-
fecting upon the character Of the Van
Ness girls. The defendant had been the
messenger to the mother of these young
laois or the reports in circulation, and
Hafael Grijalva took strong exception to
the action taken in the matter by the
defendant. He pursued him and threat
ened his life to several people who are
ready to testify to that effect. 1.-THE man
GrlJalva was of an evil-minded and
murderous disposition" said counsel
and all these facts will be fully sub
case" 49,
Mrs. Manuela Van Ness, a Mexican
LADY, was the first witness put forward
by the defense. She stated she had lived
with her husband and four daughters
ana four sons at Compton for three
years. The daughters names are Ami
riso, carolina. Amelia and Josey. She
knew Rafael Grijalva for the three years
and kingsbury for the same time.
klngsbury was working for her on MAY
3lst at the time of the shooting. On that
day-Sunday afternoon-he drove some
people to the station at her order. Ra-
fael, also, had worked for her for about
one month and half and had lived dur
ing that time in the house.
1t was Mrs. Thickenback, Amelia and
her son, frankie, who went with Kings
bury to the station. On the Thursday
preceding Rafael was at the house. Al
kingsbury was in his room changing his
clothes after having been irrigating. RAJ
fael asked for him They went out in
front Of the house about 200 feet toward
the east. They were about half an hour
conversing. Rafael only came to the
porch, he didn't go inside the house.
kingspury appeared very much scared.
He was pale in the face and tremulous.
Did you have conversation few
days before this with Kingsbury regard
ing your g1rls?"
Objection was entered by Mr.. Nc
Comas and the court ruled the question
out save by yes" or no."
Yes, SIR"
who was present during the CONVEX
| sation?'
will Hazlitt." !. s-t+,
WAS not your daughter Carolina,
| who afterwards married Hazlitt, there?''
Yes, sir; forgot"
where did it take place."
Tn, o,.I i,,c -
properties"
After the conversation what did you
do?"
Il went to Compton and talked with
Mr.. Horns and Mr. Goldwater."
What was that conversation you had
with AL Kingsbury?" t.s.
That was crucial point, and Mr.. Nc
Comas entered a strenuous objection
which was sustained.
Under cross-examination witness was
| asked particularly as to the defendants
behavior at that important conversation
with Rafael.
"Al Kingsbury was mad after coming
from seeing Rafael, wasn't he?" inquir-
ed Mr.. McComas.
II can't say how he looked, save that
he was pale and tremulous."
He looked as If he'd had set-to with
somebody, didn't he?"
IL don't know. I've never seen a per-
drink of water and spilled it by his
shaking hand"
The witness was allowed to retire.
BENT WITH CARE AND YEARS.
Mr.. Kingsbury, father of the defend
ant, next went upon the stand. He is
an old man, bent with age and hard toll
In epitomised form he spoke as follows:
II have three children and a wife. AL
bert is the oldest and is past 10 now.
When he has not been working out he
lived with me. / knew Rafael Grijalva
for eight or nine years. but never very
well until he came to the Van Ness and
my place. He was at my place about q
month or six weeks before the shooting.
He came without any invitation so far
as know and he left when told him I
couldn't have him around He left two
or three weeks before the shooting, and
then generally saw him If went into
Compton. The last time / saw him was,
think, on Tuesday or Wednesday be-
fore the shooting when he was on his
way to the Van Ness house, and passed
my house." nv
When Rafael passed what did he
say?"
He said he was going to the Van Ness
place and wanted to see AL that he was
going to kill him on sight, and he had the
means to do it,
What did you say?"
Il told him not to do it. To leave my
boy alone and he would leave him
alone" t
Did you tell your son what Rafael had
| said?"
'sYaq CT about ,, how ac,,,or5r