The San Francisco call., 1897-09-23
The Killing of Rancher
Frank Lynch Was
UnprOVoked.
Eye-WitneSses Declare He Was
Given No Chance to De-
fend Himself.
Light Thrown Upon the Tragedy
Which Put an End to Their
Feud.

FRESNO, CAL, Sept. % The body of
Frank Lynch, who was murdered by
George Ashurst near New Idria, San
Benito County, on Sunday, arrived this
evening and the funeral will be held in
this city tomorrow forenoon. Lynch's
parents and brothers reside here.
Complete particulars regarding the
tragedy place the case of Ashurst in
more serious light than was Indicated by
the hrst reports received. Tomorrow
forenoon the slayer will be arraigned in
Hollister on a charge of murder at the
time that the remains of his victim are
being inferred at Fresno. Constable
Manuel Gonzales, at whose saloon near
the New Idria mines the shooting &C.
Cured, swore to the complaint before
Justice Langford at Panoche. For con-
venience the case was transferred TO
Justice Court at Hollister.
Four eye witnesses of the murder were
examined at the Coroner's inquest, and,
according to the testimony of these,
Ashurst had by no means any provoca-
ton to kill Lynch. The witnesses all
swore that the victim had not reached to
his hip pocket as if 10 draw a pistol before
Ashurst fired. In fact, Lynch made no
movement at all as though to draw a
weapon. When the person of the deceased
was examined afterward no pistol or
weapon of any kind was found.
According 10 these witnesses, Lynch
came riding up and remarked that he
thought some one had stolen his spurs.
Don't you accuse me of stealing your
spurs,' replied Ashurst; and he added,
"Ifyou want any thing out OF me get down
from your horse"
Lynch, who was equally as fearless as
his slayer has the reputation of being,
dismounted at once upon the challenge to
fight. Almost at the same time Ashurst
reached for the rife, which was IN the
carriage. He turned around ana fired the
shot Just after his victim had alighted
from his horse. The men were standing
only six feet apart at the time.
Ashurst's statement that Lynch was ad-
vancing toward him and had his hand on
his nip pocket in a manner indicating
that he was about 10 draw a revolver
when he (Ashurst) reached for his rife
and fired in self-deien e, hardly seems
reasonable Even if Lynch had had a
pistol it would not have been likely that
be would have given his adversary time
to get MS rife before he (Lynch) would
have fired.
During the night previous Lynch had
an alteration with George Ashurst, a
brother OF John, at the Mexican dance.
At this time, ana also when he had the
trouble with John Ashurst on Sunday
forenoon, Lynch was armed with pistol
and a dagger. At about noon a friend
took the weapons away from him for fear
that he m light become involved in quar-
rel again and get himself into serious
trouble.
1t appears that Lynch had been in fear
of his life for some time. While he was
not in the least a coward, he had told
friends a number of times that he knew
that John Ashurst was waitins for an
opportunity to shoot him. This was the
result of the hard feeling existing between
the two men, Ashurst having accused his
nelghbor rancher of being a cattle thief.
Sentiment in the Coast Range district.
where the principals in the tragedy were
both widely known, seems to be changing.
At first it was strongly favorable 10 Ash
urst, but now, as the full particulars of
the murder are becoming known, it is be-
ing turned against him. Ashurst Is a
wealthy man and it is expected that his
trial will be bitterly contested.