Los Angeles herald., 1906-07-17
NTE-MORTEM IS
ONLY EVIDENCE
ELTONS DYING STATEMENT
INTRODUCED IN COURT
Presence of White Married Woman in
Fast Company Leads to Killing.
Trial Delayed by

Henry Simpson, a negro, charged
the night of February 10, was placed on
trial before Judge Smith of the superior
court yesterday morning.
| The ante-mortem statement Of the
| murdered man is the sole bit of evil
dence for the prosecution.
The defense will be Justification OF
| the murder of Elton by Simpson, ir
order that the latter might protect his
own life.
According to the ante -mortem state
ment of Elton the deceased went tc
the home of Mrs. Lucy Brooks, a
negress, at S33 East Third street, to try
| to persuade a woman known as Mrs
May Newman, the latter a white, mar
ried woman, to leave the place and re-
turn to her own people.
| At the time that Elton entered the
Brooks residence there were several
persons in it.
Elton's dying statement was that he
received rough treatment at the hands
of the occupants of the house and tried
to flee.
Simpson Pursues
Outside he was pursued by Simpson
and they became engaged in a quarrel
Elton claimed that in the fight he dis
covered that Simpson carried bright
| instrument in his hand
Thinking this was knife, Elton
tried to make his escape, at the same
| time drawing a revolver on Simpson
and shooting twice at him. Elton then
dropped the pistol and attempted tc
run away.
Simpsons statements are that he
picked up the revolver and shot twice
| 81 ltt,rr Nf Ifnt l.
ened from the wounds he received from
Elton, he threw the weapon over a
nearby fence and returned to the
Brooks residence, where he demanded
that an ambulance be sent for imme-
diately.
A few minutes later the men met
| face to face in the receiving hospital,
and then for the first time learned that
each had wounded the other The
wounds of the two men were dressed
by the police surgeons and the patients
were allowed to remain in the hospital
over night. Next morning it was dis
covered that Elton could not survive
his wound and he was asked to make
| the ante-mortem statement upon which
| is based the evidence for the prosecu-
| tion.
Witnesses Testify
| Several witnesses were placed upon
the stand, including Detective Ritch,
Police Surgeon Smith, DR.. Campbell
and o. C. Jarvystorff, a resident in the
neighborhood of the Brooks house.
Attorney Earl Rogers, for the de-
fense cross-questioned the witnesses
for the prosecution principally upon
their own testimony at the preliminary
trial. In several instances Attorney
Rogers tried to bring out the statement
that i'm some parts of their testimony
the witnesses were mistaken.
Some of the witnesses admitted that
they were not sure of parts of their tes-
timony, and because the preliminary
trial had been so long ago they could
not themselves remember what they
had said.
So far as can be learned the real
truth of the incidents connected with
the tragedy will probably never be
known. There We're no witnesses to
the shooting of either man. But the
trial so far has shown tendency to
favor Simpson.
Owing to disturbance on North
Broadway yesterday afternoon by the
fire wagons in response to an alarm
the case was continued until 10 o'clock
this morning.