The San Francisco call., 1896-10-13

again and have been warm friends ever
since, living together all the time for the
last two years.
81 don't know the time the shooting oc-
Cured, but it was about dark. Isaid |
was going hunting. He said l must not.
got my gun and started. Now was in
the front room, which he used for
studio. while he was in the rear room or
kitchen. There is a step between the two
apartments. When he said should not
go he came forward, and seizing the gun
by the barrel tried to take it away from
me. We were having a friendly little
tussle over it when he slipped on the step,
letting go of the gun quickly. That threw
me off my balance and the rest don't
know. The trigger got caught on some-
thing and as he was catching his balance
after slipping off the step the gun was dis
charged. He staggered and 1 caught him
in my arms as he fell. laid him on the
floor and went al once for aid"
Abiger said he did not know the gun
was loaded. The hammer was not cooked.
He had the gun first and Ballestrem tried
to get it from him. He said that they had
never had cross word and had always
been the very best of friends. He was not
drunk, neither was the Count. Both were
In their shirt sleeves during the scuffie.
The gun was discharged just as Bailestrem
slipped, and he was probably nine feet
away when the charge struck him.
In the statement made by Abiger while
in Jail yesterday Abiger declared that the
seattle began in the inner apartment.
When CALL correspondent made an ex-
animation of the hut yesterday a slip of
paper bearing the words. "B. died a ii 30
P. NJ, was found pinned upon the wall
just above large pool of blood on the
floor. The sentence, although written in
English, was unmistakably inscribed by
one who was accustomed to writing Ger
man characters. He used blue pencil.
Abiger stated to-day when the paper was
shown TO him that he knew nothing what
ever about it, that he was not the writer
ana he had no idea who was. e Portu-
guese fishermen who were tf* first to
enter the house after the affair found the
body huddled in heap beside the door.
Justice Michaelis, who was summoned
from Monterey, found when he arrived
late at night that the body lay in heap
in the corner, about three feet away. The
Portuguese declare they did not touch it.
John Freitas, the Carmelito saloon
keeper, who was the second man to whom
Abiger went for aid, said that it was be-
tween and 9 O'Clock that he heard the
shot that killed Count Bailestrem fired.
About five minutes before Abiger came to
his house. Abiger seemed much excited,
but not as though he had been drinking
at ell. He knew Abiger sometimes drank
wine, but had never seen him intoxicated
lon a. ha firfc ND hna hor
II went to Ballestre ms house soon
after Abiger came over to my saloon,
said Freitas. Il found the Counts bodv
on the kitchen floor near the table. l
asked Abiger how it all happened, but he
was so excited that he would tell me
hardly anything. L was scared, so / did
not 90 inside the house, but | could see
just how the body lay on the floor. l
then went home, and it was long while
before Judge Mchaelis arrived. We went
over together again."
To question by one OF the Jurors as to
when he last saw BaIlestrem alive, Freisas
said he was passing the house about d
o'clock that afternoon when he saw the
Count painting inside. His wife had told
him that the Count was at the saloon
about O'Clock in the afternoon. On the
night of the shooting he had very little
conversation with Abger. All Abiger
would saw was that he shot his partner.
John Veriera stated to the jury that he
heard the shot between and o clock.
About three minutes later Abiger knocked
at his door and told him that he had shot
mis- partner. Veriera told his friend Manuel
to go and report the affair. He then went
over to the Counts house with Abiger.
81 was scared" he said, but went over
anyway. Abiger had the shotgun then
with him, but gave it to me; then 1 was
not so scared. When | reached the house
| kyT1n on nfeid 10 NJ ct
the wall and went in. / saw L could not
help the dead man, so went back home.
j always knew the men to be on the best
of terms and never heard a word between
them"
Justice Michaslis of this place, when
called to the stand, said, in substance: :"I re-
ceived word about 10 O'Clock by telephone
from the Hatton ranch in Carmel Valley,
but it was about IL AS before Constable
Hernandez and / reached the hut. Abiger
was walking outside and holding lantern,
but when We approached the place he
went into the house. / called to him
twice, but received no answer. Getting
out of the buggy, / went to window and
could see him in a rear room. He had no
gun with him then, and had nothing in
his hand, so ! went around to the side
door and entered. What, in heavens
name, have you done?' l a ked All he re-
piled was: There he is. and he Is dead.
we nau IrlenOiy LuZZie WltD the gun
and it was loaded and went. off"
Judge Michaelis,'' said Coroner Cor
don, will you please state to the jury
just where you sound the deceased ?'
81 found Count BaIlestrem all huddled
up in one corner of the room, with coat
over his head l asked Abiger where the
gun was, but he said he did not know. /
looked around the rooms for it, but did
not succeed in finding it. Then / went
outside and found it lying on the ground
near the building, and at the front of the
house. brought it inside, and upon ex-
amining it found there were no cartridges
in the gun. l also noticed finger marks
on both the barrel and the stock of the
gun. There was clay on the hands of the
dead Count, too, showing that he must
have had hold of the gun. 1 found on the
floor the remnants of the clay mold
which the Count was making that after
noon.
81 made thorough search of the house
TO find any evidence OF wilful murder, but
could not. / found lot of letters and
papers belonging to the Count. Most of
the letters were from his sister, and there
was one from his mother, all, of course.
written in German. On the table in the