The herald., 1896-09-20

night, and Kingsbury answered that I
did wait for you four hours at the Sand
stone saloon Then Kingsbury called
him - of -, and he pulled his
pistol and shot him.
who pullel the pistol?"
''Kingsbury."
What happened them"
Rafael turned around and went to
the house. l took him and helped him
into the house"
Whose house was it?'
my own, Poula de DomingueZ"
What did Kingsbury do after he
shot?"
HE ran away"
WAS he afoot?"
mo, in a spring wagon"
WAS he alone?"
HE had small boy with him."
"What did you do them"
II got him in there and I sent for the
doctor-Dr. Donus."
did you stay with Rafael yourself?"
II was there about five minutes"
Were you there when the doctor
came?"
THE first time l was"
well, We're you there afterwards"
mo"
Did you attend Rafaels funeral?"
81 did"
Were you present when Rafael made
a statement as to who shot him."
II was not"
Defending counsel put the witness
through a long and extended exam
ination without materially modifying
the facts stated by the witness.
A DANGEROUS BULLDOG.
J. A Goldwater testified that while
living in this city he has carried on a
general merchandise business at Comp
ton. For about seven years he has
known AL Kingsbury and also his IA
Their. He remembered 3S-caliber Smith
& Wesson bulldog pistol being sold to
the father of the defendant. pistol en-
tered as an exhibit, but not identified }
The pistol was sold about eight or ten
days before the shooting took place.
A SMART SONNY" TALKS.
Frank Van Ness. bright appearing
lad of about II years. testified next. He
was with AL Kingsbury in the spring
wagon at the time Of the killing, and
consequently, like Machado, was an eye
witness of the alleged murder.
Certain Of the broad, essential par
ticulars as set forth by Machado this
witness corroborated, but more in de-
tail. AS indicating the GOODNESS of Al
Kingsbury, the witness stated that af-
ter the shot was fired, before replacing
the pistol in his pocket. he pulled out
| the empty shell and reloaded the cham
Der.
The witness identified the pistol filed
In evidence as the one used by the de-
PENDANT on the occasion referred to.
Il think heard one or the other use
the term damn liar but don't remem-
ber," said witness in answer to an in.
| quiry. when Kingsbury pulled his
pistol he pulled it from his hip pocket
but I didn't notice particularly. After
| shooting Kingsbury drove off at a lone
I saw him put his hand behind him, but
! don't know il he was replacing the pis
| toll or not. Neither Of the men appeared
to be angry. From the time Kingsbur,
stopped until he shot was only a littl,
| bit of time-I hadn't any clock tt
watch 1t. AS we got near Rafael A
| got white as snow, and got scared too
| Rafael did not stop the horses"
| Under eros S examination witnes!
made several statements that will Gu
considerable figure in the defense to b,
set up. 1t is almost needless to say tina
in case Of this kind only one defense
ordinarily speaking. is possible-self
defense. 1t may safely be assumed tina
the witnesses appearing for the defend
ant will show that bad blood existed
between the men for some time. Franl
Van Ness, the prosecutions witness
stated that he saw Rafael put his hans
behind him and upon pressure by At
torney Peck. he said he thought h,
saw both hands go behind him. TIL,
assumption would be, then, that Rafae
put his hands behind him to draw hi
pistol. but It caught In his pocket. ant