The herald., 1896-09-23

VI MI. htUSSDuTy WdS TtSuziltu.A
He testified that while Rafael NaaSl
at his place he carried a gun. all the
time. He himself never had it In his
hand, but saw it in his, pocket several
times, and on one occasion saw him
cleaning it. Counsel sought to get this
witness to speak regarding Rafael hav-
ing at the time uttered threats against
several people, and thereby prove that
he was of vindictive and murderou5
disposition. This evidence was not per-
mitted. however.
Mr. McCOmas, in cross-examinRtion
wanted to know from witness why, II
Rafael had threatened his sons life he
had not made complaint and had him
arrested. The witness said he was
frightened; that Rafael had shown a,
desperate courage and had threatened
to shoot on sight several'men.t aAnother
of those subdued chuckles with which
Mr.. McCornas can throw q strong shad-
ow of doubt upon a witness answer
Counsel lay back and was about to pur-
sue his questioning when Attorney Peck
jumped to his feet and with considerable
heat demanded that the witness be ac-
corded the courtesy from counsel that
was his right.
After an interchange of compliments
the deputy district attorney asked the
witness to answer, for the third time,
regarding the reason why he didn't have
Rafael arrested. But the court inter-
vened and said he wasn't going to have
these things repeated \over and over
again.
"Well, I didn't hear it," said Mr.. Nc
Comas
Keep your ears open, then, and at
tend to your business" said Judge
Smith, land things will SO smor-her."
Quietness reigned after this triple
cross-fire.
Mr.. McComas wanted witness to say
that he gave the pistol to his son for the
purpose of shooting Rafael, but the old
man would not have his words or mean
ing twisted in such manner. A little
later, while answering question of
counsel, the witness sank his voice and
Mr.. ,McComas, remembering the courts
remark short time before. said:
THE COURT SCORES ONE.
"Now, I'm not permitted to ask you
to repeat a question, so you must ans
wer louder"
The remark was unfortunate, for it
ruff1ed the sensibilities of the court.
Now, now, Mr.. McComas, said Judge
Smith, there Is a way of conducting
case as a gentleman and there is way
of acting the buffoon and brow beating.
AS long as sit on this bench / will keep
the lawyers in the case within bounds
of law and courtesy, and when can't
I'll leave it."
1t is not often Judge Smith ventures
to utter rebuke, and so when he does it
probably has more effect. Be that as
it may, the examination continued very
serenely from then on.
Ernest McComas was the next wit
ness examined, and his name provoked
the question by Mr.. Peck:
Are you q nephew of the Judges
here?"
y . -.
ed the witness But the deputy district
attorney repudiated the relationship.
+ Witness proceeded to tell what he
knew about Raafers having uttered
threats.
II was in the barber shop one even
ing" said he, land Rafael called me out
and asked me If I had seen Kingsbury
l said no. and then he remarked that he
was going to shoot the heart out cf
him. I told him that shooting was bad
business and went inside again."
Coming down to the time of the Shoot
ing witness stated that he kept the peo-
pie out of the house where Rafael was
lying; they wanted to change Rafaels
clothes, and Mrs. Dominguez brought in
a pair of clean overalls. 1t was at the
request of Mechado that he kept the
people out. He supposed Machado and
the family did not want strangers in
side when Rafaers clothes were being
changed. Witness stated that the over
alls in evidence were not those he saw
brought in. They were about ten min
utes making the change. That was
about three-quarters of an hour after
the shooting. He had known the de-
PENDANT for about eighteen years, and he
had always borne a good reputation.
Upon being cross-examined witness
said that the doctor had also told him
to keep the people out. No, he hadn't
thought it strange to change the mans
clothes.
well, they didn't need to draw his
pants off to draw his pistol did they?"
inquired Mr.. McComas.
II don't know"
"There were two Mexican families liv-
ing in the house. weren't there?"
II could not swear to that; there might
have been four or five"
you are a friend Of Al Kingsbury's,
aren't you?"
II am not"
The witness was excused.
THE DEFENDANT A COWARD
Mr.. Goldwater, recalled, testified that
having refreshed his memory, he found
that the pistol and cartridges were sold
on Thursday May 18th, some time in the
afternoon.
do you know the general reputation
of AL Kingsbury in the community in
which he lived?" was next asked.
Yes, sir"
."Good."
Did you see Mrs. Van Ness at the
store about week before the shoot
ing?"
Eyes, SIR
about some scandal regarding her
daughters?"
Again counsel was debarred from
opening UP the matter that led up to
the tragedy by the objections, sustained,
of the prosecuting attorney.
1--WE will show by the defendant" sal!
Mr.. Peck, addressing the court, that
Rafael came to him on several occasions
and spoke scandalously regarding the
Van Ness girls
Mr.. M0Iomas interrupted and object
ed, but counsel was speaking under per-
mission of the court and continue i.
THE defendant told Mrs. Van Ness and
she then went to Mr.. Goldwater and ask
ed his advice regarding the matter"
The court ruled that such line OF ex-
animation could not be admitted, and
counsel had to take another tack.
Were you acquainted with the gen.
ing his, lifetime?"
WELL it's a hard>thing to say. A man
gets into scraps, but 1t can't be said that
he was very bad man."
That was the best the witness could
say.
"He was not regarded as a bad man,
was he?" asked Mr.. McComas in cross
examining.
He wasn't dangerous man. Can't
say he was very good man. He was
from the reform school,