The herald., 1896-06-25
CHARGED WITH MURDER
James McGinnis on Trial for the Killing Of
Robert Sebastian

James M. McGinnis was on trial in de-
partment one yesterday before Judge
Smith, charged with the murder of his
brother-in- Robert Sebastian, at Po-
mona, on the evening of March 9Th last.
The two men had quarrel, which ended
in a fight, in the course of which Sebas-
tan was fatally stabbed by McGinnis,
the wife of Sebastian and his two little
children being eye-witnesses OF the ira
gedy.
The defendant is represented by Messrs.
p c. Tonner of Pomona, andR4 A Ling
while the prosecution is conducted py
Assistant District Attorney Williams.
There were number of residents OF 70
mona in attendance, principally as Wit
nesseS, but little general interest was
taken in the proceedings.
Most of the morning session was con-
sumed in securing jury, which was Sc
cured with but little trouble. Before the
Introduction of testimony commenced,
the prosecuting attorney stated that
Mrs Sebastian was too sick to attend as
a witness, and by stipulation her tes-
timony taken at the preliminary exam
nation was read. In brief this was 10
the effect that on the afternoon of March
9Th her brother came to their house I'M
der the influence of liquor. While she
was getting supper for him he engaged
in a quarrel with her husband and her
husband struck him. She told him not
to do 50, and pushed her brother out of
the door, telling her husband to close it
behind them. But her husband fol-
lowed them out and the men engaged
in another fight, when her brother got
Sebastian down, and she heard him say
he was cut. She secured the knife and
threw it over a fence. McGinnls went
out of the house, and so did her husband,
10 across the street
where he fell down. Mrs. Sebastian ran
up to him and spoke to him. He seemed
to understand her, but did not get up.
and died soon after.
At the time this testimony was taken
Mrs. Sebastian proved a most unwilling
witness, and her efforts to shield her
brother We're so palpable as to cause
general remark The unfortunate
woman seemed to feel her awkward po
sition and it was impossible for the
prosecuting attorney to get anything
like a satisfactory statement from her,
and there was some disappointment
when she failed to appear yesterday.
DR.. Thomas Smith of Pomona then de-
scribed the character of the wounds
which caused Sebastian's death. and
then little Lena Sebastian, pretty
child aged II years, took the stand The
defense objected to her testimony on the
ground that she did not know the nature
of an oath. but this objection was over
ruled. and she proceeded with her state
ment. At the coroner's inquest the
child had given very clear and concise
statement of the tragedy. but Yesterday
she developed a remarkable loss of mem
DRY, and frequently took refuge when
closely pressed in the stereotyped II
don't remember Several times she
broke down and cried but she never lost
her presence of mind. From the pros
ecuting attorneys questions. it was evil
dent that he thought she had been
coached" but the closest examination
failed to bring anything that could be
used against the defendant Even
when portions of her testimony taken at
the coroner's inquest was read to her,
she either denied that she had so testi-
fled or said that she could not remember
whether she had done SO or not, and the
task of getting anything Ineligible out
of her was abandoned.
Several witnesses testified to McGin-
mis- having been drunk during the after