The herald., 1896-10-30
In the direction Of Pasadena. after get
ting Q coat in the camp.
FIGHTING FOR A POINT.

ing been made in a foreign language,
was in the nature of hearsay evidence,
and in this counsel for the defense was
sustained.
The deputy district attorney contend
ed that there had been a statement
made, and it not being confession, no
foundation need be laid in law.
Mr.. Young. however, maintained that
under the circumstances this statement
was not absolutely Free The interpreter
was a witness against the defendant.
and on several occasions left his seat.
while interpreting, and whispered to
Assistant District Attorney Williams
regarding the question to be asked, and
then returned to his seat while the ques-
tion was put and interpreted it to the
defendant.
Judge Smith said that the law did not
hold that the defendant could be in
duced to incriminate himeslf, and the
supreme court had ruled very decisive
ly upon the point.
After some further argunsct the court
decided to admit the statement. 1t con-
sisted Of rambling account Of what
was said by the defendant to Assistant
District Attorney Williams, in the pres
ence of Martin Aguirre and later before
Justice Young at his preliminary ex-
animation.
A RAMBLING RECITAL.
The statemSnt in brief was as follows:
"Well, we Started about noon. and
the deceased, and we had eight bottles
and a demijohn. In one sack W. had
the bottles and in another the demi-
john, and we went way over towards the
winery at La Canyada. This side of the
winery he found an iron the shape of
knife, sharpeneda at both ends. That iron
was tied upon a piece of paper, and the
iron had three holes, one on each end
and one in the center, and at one end 1t
had a paper tied around it with wire.
mi I<<l a
and stuck it here in his hip. Before we
got to the winery it was slipping down
in his pants. On arriving there he took
1t up In his hands and packed 1t in his
hand. When we came back from the
winery he had the iron in his hand.
to cut meat or cut something at his
camp. Away on this side, where Don
Dolores had his camp, opposite there,
he stayed back fixing his shoe or some
thing, I don't know what. l kept on
ahead. I walked on little way and
demijohn. Then he came along and
passed me, close by. Then he said: "Im
going to lie down here" saw him go
around under poison oak bush, where
it was shady. I stayed on fixing the
stopper, and just as I was finishing I
heard groan. l left the demijohn and
went over to see him. He was trying to
stand up and I saw little blood run
ming down his pants. I didn't notice
anything wrong about the upper part Of
the body When I got close he ran away,
always on the side towards where he
had come from. He had gone but lit
tie way when I caught him. When 1
caught hold Of him he gave me a jerk
and threw me down. When got up I
saw him turn towards the road. When
ran after him I noticed that he went
on one side.
H. To- S,fr a.
him, face downwards. Then saw the
point of something that was outside and
I tried to pull it out couldn't get
good hold of it because it was very hard,
and I couldn't pull it out. Afterwards
| got better hold, and kept pulling,
resting on 1t at the other end. After
getting better hold I managed to pull
it out. But then he was dead. Then I
got the knife; then I started up. After
l started don't remember what I did
with it. went over to the demijohn
made a cigarette and had a drink of
wine. then took the old road to go
down to the camp. I went to where
there Is a well and took off my shirt to
wash 1t. 1 put In can. At last I
didn't want to wash 1t. then came back
to the camp and got my coat met an
American there and he saw me without
shirt. He had about two or three shirts
to wash, probably, for he gave me one.
Well, went over to winery that was
close by, and there was nobody there.
from there went toward Constantino's..
missed the road over to Lamandas
Park. and then I turned back. came
back on the track, and came on this
side of Pasadena, and took a car and
came here to Los Angeles. When got
here. between 9 and 10 o'clock at night,
l slept underneath a bridge Next
morning I went along the river to the
n vdi T
found man there. Then asked him if
he knew where there was any work
Then he told me no, but that he was
making wood at Monrovia, but if
wanted to go with him to make wood
in partnership that could go. Then l
told him all right. 1 had about Is or 20
cents, and gave him the money so that
he could make up the difference in
fare so we could go to Monrovia
Well, then we took the train and
went to Monrovia. AS soon as
he told me. i will be ed right tt, back "eI
waited about half an hour or an hour
probably. After I noticed that he was
! not going to come, then took the road
| on the track and came over to San Ca
briel. l got there in the evening. Then
when l got there the officer was there
the constable, and then from there they
| brought me here. No more"
AT this point the prosecution rested its
case.
The defense put forward P. Costa, p.
Silvas and E. Grasso to testify as to the
| circumstances surrounding the arrest Of
the defendant. Constable Wilson while
| testifying said that Quijada fled in
| side the house at San Gabriel, and took
refuge in a dark room, and that he had
to strike light before arresting his man.
| The three witnesses for the defense spe-
! officially denied this statement. They
stated that 1t was near supper time, and
that the several rooms were lighted
With that solitary piece of evidence
the defense closed its case.
| Deputy District Attorney McComas In
his opening argument broke the record
His speech occupied in delivery just ten
minutes, and was a mere resume Of the
| facts in the case. Attorney Young of
| counsel for the defense made the most
| he could of his case by minimizing the
testimony of the witnesses for the prose-
] cution ,and then the court instructed the
I, jury and they retired
| In fifteen minutes the jury returned
| into court with verdict of murder in
the first degree, defining the punishment
as imprisonment for life. On Wednes-
day next Quijada will be brought up
| for sentence.
! A MERRY PARTY.