The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1896-08-04
QUESTION OF JURISDICTION
Pierson, the Youthful Horsethief, to Go to
the lone School
The Federal Grand Jury Return Four Indict.
meuts and Are Discharged
The Skanks Family Will Not Have to Pay
Dsmsges-Aiiens Rushing Under the
Playa Dentists Small Bill Null
tipies in Court
The trial of Ben Mings began in de-


| partment one yesterday.
! The defendant, charged with having
| participated in the murder of John
Hays, the storekeeper at PueSte, in
April last. his brother George being
charged jointly with him for the COM
initial of the crime, but is severed for
purposes of trial.
Deputy District Attorney McComas is
being assisted in prosecuting the case
by Ben Goodrich Esq, the defense being
conducted by Messrs. Davis and Rush.
The case is one almost entirely of cir
cumstantial evidence and since the pre-
liminary examination the prosecution
claims that additional links in the chain
of evidence have been forged
The facts in connection with the kill
ing of John Hays will be Yet fresh in
the public memory. He was shot down
in his store one evening by two robbers
who wore masks, and who fled after the
preparation of the crime. Two witness
es who happened in a the store believed
that they recognized one of the robbers,
by his voice, as George Mings and
lumber of suspicious circumstances
were developed that pointed strongly
assassins.
The entire morning yesterday was ia
ken up in obtaining a jury but at noon
the following panel was complete: F.
W. Greene, II. 5. AdneY. Daniel Jones,
d. NJ Cate Edward H. Rust, Charles D.
Clapp, A. f. McReynolds. H. S. West.
John BROKER, John A. Rivers, David
Gates and F. H. Bulls.
The first witness put forward by the
prosecution was Thomas F. Hays.
brother of the deceased, who testified
to having found the body of his brother.
He testified that the man Bryant came
to his home about o'clock and told him
that his brother was being held up. He
fastened down to the store. about four
blocks away, and upon entering the
store lit the hanging lamp. He discov-
ed his brother lying on his face with out
stretched hands, in the middle of the
/ store. He ripped open his brothers
| shirt and felt the heart beat or, rather,
| tried to hear it. He thought his brother
| was dead but he tried to cali up the doc
| tor at Ell Monte but failed he then sent
two men in buggy for DR.. T. p. Cade,
and telephoned news of the murder to
Sheriff Burr.
Upon examining the body of the dead
man he found a gunshot wound about
three inches above the right nipple. His
brothers pistol was lying about eight
left hand. and a students lamp was ly-
ing close to the right hand
Under cross examination witness sta
ted that he entered the store alone while
Bryant Vert over 10 the section house
and joined him in the store few min
utes later with two or three section
hands. He found one bullet mark out
side the window jamb and two or three
weeks later his brother showed him an
other in the counter. When he left the
store at $50 in the evening Bill Bryant
was in the back room talking with his
| brother and Mexican named Romo was
| in the store.
| F. o. Slanker constable and deputy
| sheriff at Pomona. testified to seeing
| Ben Mings. the defendant. and his
| brother at Puente in the forenoon of
April 10th. He saw Ben later in the day
when he left on the train for Los Ange-
! 5 under arrest. AT this point the Wit
ness was retired to permit other evil
| dence to be introduced when Slanker's
testimony would prove important.
S. p. Rowland, Puente rancher, tes-
| titled to meeting Ben Mings and Dan
| Cook his brother-in-laW at Hays store
about o'clock. Ben was holding his
! horse and told witness he had just come
| from Pomona and had made good time.
i He offered to sell witness his horse for
| $50 and both men went off as witness
entered the store. 1t was about 20
| when that conversation took place.
| Deputy Sheriff W. A. White testified
| to making an examination of the prem
| ises of George Mings Il found a white
| hat in the front room" said witness,
land in an Clubhouse I found an oilcloth
J coat and slippers and upon returning to
| the bedroom in the house found a re-
| volver. The pistol was under the mat
| tress and was 3S-caliber Colt. In the
| barn | found a linen buster. The pistol
was loaded with four cartridges and one
| empty shell and one chamber empty.
| w. l.. Finch. the agent at
| Puente, stated that he was in company
| with the man named Cross and John
| Hays upon the night when the latter
| was killed. He and Cross separated
| from Hays at five minutes after Q, the
| latter going towards the store and wit
| ness and Cross went to the station, just
across the road After witness had re-
! tired he heard six or seven shots fired in
| the direction Of the store. one shot was
| fired first, and then, a moment or two
| later several shots almost simultan
| eouslY, and then after a lull. two more.
| A few minutes after the firing the man
| Bryant and another man aroused the
witness by telling him that Hays was
| killed.
! The witness proceeded to testify. that
| about a week later he was dow1 al an
| old brick kiln and there found two
| masks made from gunny sacking.
| At this point an adjournment was ia