The herald., 1896-08-05

pass on by the tail one, anu lueItliiSu
the shorter one as Ben Mings by the
uncouth grunting sound he made. and
which was almost identical with the
tones of Ben's voice when he was sing
ing.
In the afternoon Johnny DeitZel. the
16-year-old son of the Puente saloon
keeper. repeated his testimony much
the same as during The preliminary ex-
animation, and, in large part his test-
mony was mere echo of Bryant S. But
an interruption took place.
Deputy District Attorney McComas
said that a witness, present under ex-
oeptional circumstances. would nave 10
leave t. IN and for that reason ne would
ask leave to retire Johnny DeitZel Tor
the time being.
Judge Smith cor scented, but with an
i'll grace, objecting to such changing
around of witnesses.
A deputy sheriff entered the court
room, leading Burr Cummings. now pc
ing held a prisoner at Riverside Tor MS
connection with the Narramore muir
der, for the committal of which his two
brothers are soon to be executed.
The Cummings boys are all hard char
acters, and while the two boys who MUIR
dered T. C. Narramore on the ranch in
Riverside county, the third brother,
Burr, lived on small place at Ell Monte
and ran what was practically fence
for his brothers. A quantity of stolen
property was discovered in his possess
sion there, and for his offenses in this di-
recton he is now being held at River
side
When Cummings took his seat upon
the witness stand every neck in the
court room was craned to see the third
brother of the trio who have won an
unenviabe notorietv in Southern Cal
ifornia Burr Cummings himself was
arfn o,,1 n &c 70 90
which is of a coarse and very low type
albeit paled by confinement in Jail, swept
a look of WEAKNESS while opposing
counsel argued as to the validity of this
witnesses testimony.
Counsel for the prosecution explained
to the court that they expected to prove
that conspiracy existed between
George and Ben Mings to rob the Hays
store, and on the promise that the state
ment of witnesses be connected the
court admitted the testimony over the
strenuous objections of the defense.
Il resided at Ell Monte last year" be-
gan the witness. and l have known
George and Ben Mings for six or seven
years. 1t was at the end of October or
beginning OF November. 1895, that had
a conversation with George. There was
a dance at Puente and l went over with
Charlie Barley. We got there about 10
o'clock Albert Brown was running the
club room and George MingS was play
ing poker. Brown wanted some cigar
cites and gave me so cents to so and get
some. The first store | stopped at didn't
have any. and l then went and Weakened
Hayes and got the cigarettes and also
some cheese and crackers from him.
Upon returning the game went on for
while and then there was a scrap and
the game busted. On leaving l was
walking with George Mings, and he
asked me if l had got the cheese from
Hayes. l said, Yes and then he said,
How'd you like to hold up Hayes" l
said No. | wouldn't do it. and besides
it wouldn't work. George then was
about half sprung.
defective Burns first spoke to me-"
said witness in answer to Attorney
Rush of counsel for the defense, some
time between the 9Th and 10th of April
He first spoke about Rony Crane.
Now tell me-" queried the attorney.
weren't you and Crane in Los Angeles
the morning after the killing all covered
with dust and armed with two Colts
pistols?'
No, was in Ventura county"
Hadn't you passed Puente two or
three days before?"
We passed through on Tuesday;
Crane had been to see his folks and we
then headed for Los Angeles"
Didn't you tell Fred Prouty not to
mention having seen your
Il did tell him he needn't say anything
unless he liked"
You were brought from Riverside
this morning and brought to our office
where you left a message that you want
ed to talk, didn't. .you?"
Yes, sir"
And when we met you later on the
sidewalk you said you wanted to see
u.s."
Yes, sir
And later the officers prevented us
seeing you, and refused admittance to
everyone, despite the fact that we had
represented YOU when you were in trou-
BILE before Isn't that so?"
Yes, SIR
Can you account for that?"
NO. SIR
Have you not heard that you and
Rony Crane had been accused of kill
ing IIayes?"
Yes, I've heard that people were
speaking that way about us
The examination of Cummings ended
here and Wrangle between the attor-
neys followed as to his remaining in the
city. The defense wanted to examine
Cummings later but the prosecution.
having got what they wanted from him,
!Were not SO eager.
Attorney Davis asked the court to
make an order directing the sheriff to
keep Cummings until the defense rest
ed its case. The court stated he was not
acting as guardian for witnesses. The
defense then had subpoena issued
which was served on Cummings in ne
county Jail.
This morning the testimony of Johnny
Deitzel will be resumed at 10 o'clock.