The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1896-09-24

this line OF testimony must De parreu.
The defendant then. In response to the
interrogatory of counsel. told OF the
converse ton he had with Rafael in the
Santone saloon. In the presence Of ]. e.
Howell and Bill Davis, regarding the
Van Ness girls. The conversation, how
ever, he was not permitted to state.
Resuming the thpead Of his narrative,
he said
IT was in the house on the Thursday.
putting on dry clothes when Rafael
came and I went out to him. He accused
me of talking about him. I said had
spoken of nothing that he himself had
not spoken to me about He said You're
q d-n liar and he pulled out q pistol.
The gun had reddish colored wooden
handle. He said that I had told Mrs.
Van Ness that he had wronged the Van
Ness girls, and I replied that he him.
self had made that assertion in the pres
ence of two other people in the San
tone saloon.
"Then he told me to come to San
tones saloon that night. I told him
couldn't, because the family couldn't be
left alone He said must, as the mat
ter had to be settled. I replied there
was nothing to settle, and he said was
a id liar. Just then Bill Smith came
up and wanted to buy some hay. Ra-
fael then went back with Bill Smith to
town, but not before he told me that If
! uluu I COIle " luC odlkOnS StlOOu lhat
night he would shoot me on sight. The
same night Thursday I was pulling
beets when my father, mother and bro
Their came up to keep the Van Ness
family company while I was away.
Il went to Compton on that Thursday
night to see Rafael, and tell him did
not want any trouble, for was fright
ened he would come out some time and
kill me. l saw Howell, the bartender,
in the saloon, and had some converse
ton with him. From there I went to
my grandmother's house and saw her
and my sister Martha. I stayed about
half an hour and went back to Mr.. San
tones, got some tobacco and went home.
Il had conversation with my father
on the Wednesday night, and he told
me of the threats made by Rafael
against me. He repeated what Rafael
had told to my mother and sister, and
also later to himself. and how Rafael
was armed with pistol and was look
ing for me. I then asked my father to
go to Mr.. Goldwater's store and get me
pistol, and he gave it to me about
noon on Thursday. I was frightened
that Rafael would kill me and felt con-
WINGED of the fact in my mind. I got
the pistol for no other purpose than to
defend myself against him. When saw
Mr.. Harris when was taking the milk,
he said of Rafael: He is treacherous
and don't you let him get the drop on
you and I told him something to the
effect that II he jumped me I would
give Rafael the best I had. I had
the pistol on me, and Harris seeing it
brought on the conversation.
On Sunday took two ladies' to the
depot and Frank Van Ness was with
me. When we left the depot we re-
turned to Compton to the postoffice. and
when we approached the school house
saw Rafael walk from under a weep
ing willow tree. I knew 1t was him, for
could tell the pants he wore anywhere.
Those being now worn in court by Ra-
fael's father are identical in appear
ance.
II drove right on and Rafael crossed
the road in front and Machado came
down on the other side, leading a sorrel
horse. They spoke and looked toward
me. On my approach Rafael stepped
forward and called out: "Hey, Sox, why
other night?' I said I was, and he said
You are d. liar and black --
- The same instant he put his right
hand behind and jerked. and then put
his other hand behind I saw the han
die of his pistol, and then pulled my
pistol from the belt in which it was
stuck and shot him."
In answer to the specific question the
defendant said he is left handed, and
the pistol was not carried in his hip
pocket, but from the left side Of his belt
He shot Rafael because he believed If
ne had not shot him he himself would
have been shot.
after the shooting" resumed the
defendant. II went to the Van Ness
house and told them, and just after IT.
burciO Reece rode UP on Machado's
horse and said he had come for my pis-
toll. I told him he couldn't have 1t, and
Amorilla Van Ness said to him, "Tibur-
1in ,{c fc ~o1 -
had better go away" He rode away
then, but a short distance down the
road he shook his fist and said: You
- - -, I'll kill you tonight I
then went to my fathers and told him
what I had done, and asked him to 60
for the constable. When he returned,
the constable with him, I gave myself
up"
Briefly the above is the statement of
AL Kingsbury, given with an apparent
air of sincerity. He was submitted to
rigid cross examination by Mr.. McCo-
mas, but was not shaken in his facts in
any degree.
FRANKS FRIEND TESTIFIES
conversation in the Santone saloon, in
conversation in the Sausome saloon, in
his presence, between AL and Rafael,
when the character Of the Van Ness
girls was under discussion. Afterward
he told Al that Rafael had on different
occasions threatened his, witness,
brother-in-law, as well as himself.
Under cross-examination witness said
that the threats he had referred to were
made about a year ago.
]. q. Howell, who was also in the sa-
loon at the time Of the conversation,
testified along a similar line.
One or two other witnesses were also
examined and then the defense rested
their case and arguments were begun.
Deputy District Attorney McComas Is
a most excellent prosecutor, despite the
fact that he is sometimes trifie Bit
ter, and. needless to say, he lost no OPP
portunity in his opening argument to
pick the weak parts of the defendants
story to pieces. He dwelt strongly on
the omission of Kingsbury when he got
the drop on Grfjalva, to make him throw
up his hands under penalty of having
his head blown off.
Mr.. McComas addressed the jury for
about an hour and a quarter and then
Mr.. l.. Earl of counsel for the defense
spoke for about half an hour. Judging
from his opening, he will make strong
argument, but yesterday he did little
more than merely survey the evidence
preliminary to the closer analysis of the
facts as testified to.
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