Los Angeles herald., 1907-10-04
ALLBI DEFENSE
is PRESENTED
vIRoN MITCHELL CLAIMS TO
HAVE MRoNcLAD"
Saws He Was with Two Friends at
Time of Alleged Crime, Far
from Scene of the
Shooting

When viron D. Mitchell was called
to the witness stand yesterday to tes-
tify in his own behalf in the trial
wherein he is charged with assault with
intent to kill, it looked as though his
attorneys had established an alibi.
1t was proved by the states own wit
nesses that there were two guns fired
on August 10, but no connection had
been clearly established to show that
the defendant had been in the vicinity
of his mother-in- laws house, 1746 New
Hampshire street, at the time the state
charges he fired the shots which in
fiicted flesh wound on her arm
Another point in favor of the defense
was the impeachment Of one OF the
states witnesses, Herbert ]. Gould, by
the latter's own wife.
Gould was called to the stand and
asked If he had heard Mrs. Mitchell say
she wished her husband would go to
Mexico, giving her chance to get
millionaire and ride around in an auto
mobile, or words to that effect.
The witness ,evaded the question, and
finally denied having heard the remark.
He was excused and Attorney Dan
ford for the defense called upon Mrs.
Gould to take the stand.
she has not been subpoenaed." Gould
hastened to reply.
well, she is here in the court room,
isn't she?" asked the attorney.
Yes" assented Gould, but I would
rather she didn't testify; she is girl
who does not like court proceedings"
Let her take the stand" interrupted
Judge Wilbur, and Attorney Danford,
looking at Gould, said: Whether you
would rather or not propose to have
her testify"
Mrs. Gould was asked the same ques-
tion, the objection of Prosecuting At
torney Mccormick being overru1ed.
To the evident surprise of counsel
and the court she answered in the af-
firmative, although stating she was not
sure as to the exact words used.
1--WE were all together at dinner
party" said the witness, "and my hus-
band, Mr.. Gould, had just told Mrs
Mitchell that she ought to be million
aires wife.
She replied by saying something to
the effect that Mr.. Mitchell ought to go
to Mexico and give her a chance to get
a millionaire, so she could ride around
in an automobile. She and her hus-
band had quarreled and hardly spoke
to each other all evening"
That's ALL" said counsel for the de-
Tense triumphantly
cross examination by Deputy McCor-
mick. but he failed to shake her testi-
mony in the least, and Gould looked
crestfallen when he left the court
room at the noon recess.
Mitchell took the stand in the after
noon and told of being very drunk on
the night of the shooting. He stated
that he and two companions, Ralph
Palmer and Joseph Bash had been to-
gether all evening. stopping at the I'm
drink. Nj
They became separated and after
losing sight of his companions the de-
fendant walked down Broadway. In
front of the Imperial he claimed to
have been accosted by three men, who
spoke insultingly to him. He replied
with epithets as ugly as theirs. and one
of the trio struck him, knocking him
into the street.
Then l drew my revolver and fired
two shots, pointing the gun toward the
ground" said the witness. 'rhe men
turned and fed. but put the pistol into
my pocket and walked down Third
street to Spring.
while stood there Bash came along
and we went to the Saddle Rock for
drink. In the restaurant Palmer Joined
us, and after drinking we went to
Bash's room"
The witness said he did not tell Bash
of the shooting until after they had left
the Saddle Rock. when he related the
incident to Bash and Palmer on the
way to the latter's room.
Why didn't you tell Bash when you