The herald., 1898-05-28

cisca Lopez. She is alive now. We were
married by judge but l cannot recollect
his name. l tore up the papers of our mar
riage and separated from her, but obtained
no divorce. Mary and l took up in this
way: She said she would be my wife If
would be good to her. l promised that if
she behaved l would some day marry her"
1t appeared at this stage of the exam
| ination that Garcia did not understand
English any too well, and Interpreter Lau-
| terio was sworn in. Pedro then resumed
his testimony. and said that he had not
as yet married Mary.
On the ground that the parties had never
been married. Judge Smith refused to ex-
clude this mans testimony. Garcia then
said that he would willingly make a state
ment of the manner of Charles Collins
death, so far as he knew.
1--WE were drinking together. I was in
side the house and Collins and my wife
were sitting outside talkirg. Collins asked
me to procure more whisky, and 1 went to
South Santa Monica and brought back a
gallon of wine and bottle of whisky. We
kept on talking and drinking until o'clock
in the evening. When the liquor was all
gone he wanted to know how we should
get more. He asked me to pledge his saw.
I pawned It at the saloon for aguardiente.
We proceeded to drink and talk again. and
afterward l went outside. l was quite
drunk and have no recollection whom
met outside. 1t may have been Gomez or
the old man, who had told me that he
wanted to speak to some fisherman.
went away again to South Santa Monica.
when returned Mary was standing in
the door. l didn't see the old man then,
and 1 think she told me he had gone to
town. Then 7 said to her: I am going to
lie down. She spoke up: 4 don't know
whether the old man isn't sleeping in the
brush After awhile Mary told me that he
was dead. She didn't say who it was that
was dead. I think she referred to Collins.
Il asked her how he was killed. She said
she didn't know. / am not sure whether it
was or 10 o'clock at night. I was very
drunk. She held the axe in her hand and
said that she had been cutting lights for
the dogs. (Witness Identifies the weapon)
There was blood on the blade, but none on
the handle. heard her cutting something,
but did not see it, as 1 was lying in bed.
I'VE went to see the deceased where he
was lying. Mary showed me where The
body was. She told me that we must bury
him that night. 1t was lying where it
was found later. I refused to bury it,
telling her that I did not want to go to
states prison. She was very drunk at that
time, and she answered me that if 1 went
to the penitentiary she. too. would go. We
stayed but short time. l asked her to loan
me four bits. She gave me 500. AS to
Collins watch, l believe the old man had
told me in the afternoon that he was going
to give it to Mary for safekeeping. He
used to give her things to keep for him.
Il changed the 500 on Sunday morning
l saw the watch on that day, too. 1 brought
it to town. (Watch shown to witness.) 1t
looks like Collins watch. I can't remem-
ber who gave it to me. 1 pawned it on
Main street. I do not know Mr.. Cohn nor
the name of the pawnbroker. got s1.50 on
the watch. l had spent the 500 in Santa
Monica already. l redeemed Collins saw
for six bits. Mary did not tell me how she
had removed the body to where 1t was
found. He told me on the day that he was
killed that he had money. but did not show
it to me. This was said in Marys pres
ence. He told me he had enough money
to pay her what he owed her, and that he
also had sufficient left to buy the lumber
needed for building his house. The old
man first mentioned 1t to me, and Mary told
me afterwards, that Collins had proposed
to pass the night with her, but 1 looked
upon the matter joke
This concluded the examination -in-chief
of Garcia. who was Immediately led back
to Jail. Mary was taken there a moment
later by an officer, to whom she confided
that Pete was - liar. When the old
man was killed there were all three pres
ent."
The cross-examination took up the entire
afternoon, and while it was taking place
Garcia began to tell somewhat different
tale from that he had related in the fore
noon. He injected into it the man Gomez
whom he had mentioned in his first story
and at one time had him drinking with
Mary, Collins and himself He also re-
membered Gomez having hold of the axe
His new version was very lame, and he
finally admitted that it was cooked up He
had told Deputy Sheriff White that his
lawyers had been with him during the noon
recess. and that admission was drawn from
him while on the stand, together with the
Acknowledgement that they were not
strangers to his change in making clean
breast.
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