Los Angeles herald., 1905-01-05
WITNESS TELLS
OF FREY'S DEATH
PROSECUTION WOULD PROVE
MALICE
officer chsrges With Numbering Man
In Cockpit Believes That He
viii Be Declared
Guiltless

A determined effort is being made by
the prosecution IN the trial of G. M.
Carpenter, a humane officer, who IS
charged with the murder OF Christian
David Frey, TO prove that the officer
shot Frey through the back when the
man was driving away from the scene
OF the cooking main at Hunters ranch
on May I, and that there was no ex-
cuse for the action.
On the other hand the attorneys for
Carpenter will use every means within
their power to disprove the contention
made by the prosecution. aud as their
defense they will set up the ground of
accidental killing.
Yesterday morning DR.. George w.
Campbell. who performed the autopsy
on the body of Frey took the stand
and testified in regard to the location
of the wound.
M. B. Worley, who is employed in
Paul's undertaking establishment as
an embalmer testified that he was
present when the body was received
at the undertaker's and while it was
yet in the buggy
He examined the vehicle and found d
bullethole in the back of the buggy
and also a pool of blood on the seat.
Thomas Radican, a peddler, testified
that on the day in question he was
walking on the cross road from the
San Fernando road about a quarter cf
a mile from where the cock fight to5k
place.
He was accompanied by two friends,
and the witness said he heard two shots
fired, and shortly afterward met Frey
in his buggy coming toward them from
the direction of the Hunter ranch.
IT suggested that he had a hemor-
rhage,' said Radican, land then Frey
said he had been shot. Hunter and /
got into Frey's buggy and drove to
town. Hunter drove and I stood up
and held Frey" said the witness.
He never spoke again and died just
as they crossed the bridge over the Los
Angeles river
Eugene A. Phipps, teamster, was
one of the strongest witnesses called
yesterday by the prosecution.
He testified that he was about forty
feet from the cockpit when the shots
We're fired, and that he saw Frey leap
into his buggy.
He testified that the men interested
in the cock fight took to fight whe:.
Carpenter and the officers arrived upon
the scene.
When Frey got into his buggy and
started off l saw Mr.. Carpenter draw
his revolver" said Phipps.
He testified that no trouble occurred
at the cockpit when the officers ar.
rived, as the men made Il hasty retreat.
George Frank, a lamp trimmer, test-
fled that Carpenter came up to him and
placed him under arrest.
81 was just unhitching my horse and
he said, There is no use You are up
against it," declared the witness
He further testified that Carpenter
went over to where Frey was standing
and engaged him in conversation.
'I then saw Frey throw the lines in
the buggy and heard him say 4 am of:
for Los Angeles; good-by'' testified
Frank.
Frank asserted that Frey reached
over and grabbed his whip just as
Carpenter fired the fatal shot, where
upon Frey raised up and struck his
horse with a whip.
When Attorney Earl Rogers took the
witness in hand on cross examination
he brought to light several variances
between the testimony adduced yes
terday and that brought out at the
coroner's inquest
The widow and daughter of the dead
man yesterday occupied seats inside
the court railing.
II am confident of an acquittal as
the affair was wholly accidental" said
"a 1tor. 1oc .,i,I