Los Angeles herald., 1908-01-25
PRISONER
IS ELUSIVE
ON STAND
REB0LLED0 TESTIFIES IN HIS
OWN BEHALF
SAYS HE FEARED BODILY INJURY
AT AVlLA's HAND
srrial of Mexican Charged with Killing
Countryman Continued Until
/ Monday, When Case Will
Go to Jury

The most elusive witness in the tria
of Fred Rebolledo, the Mexican you'll
who is charged with the killing OF
Valentine Avila on August 81 last was
the defendant himself who took the
stand to testify in his own behalf al
IL o'clock yesterday. For almost two
hours the prisoner answered questions
with a frankness that almost carried
conviction in the minds of those WHIT
/ heard his story that he believed him.
| self t) be in great and constant dan
ger of INJURY at the hands of the man
whom he had shot.
| Rebolledo is a student, or was en-
| gagged in pursuing studies begun In
Arizona when he reached Los Angeles
two years ago. His small form and
neat clothing give evidence of seden-
tary occupation, and as he stood yes
terday, long wooden pointer in hand,
indicating on a large chart the posi-
tions of objects and persons at the
scene of the tragedy ones mind turned
backward to the little country school
| house with its little SchOolmaSter, be-
spectacled and alert.
The testimony was all in half hour
after the beginning of the afternoon
| session, and the case would probably
have been given to the jury before
the usual lllil6 lOI llib VI
court had ii not been for the illness
of Judge Smith, who has been suf-
fering for some days from the effects
of a cold.
First Argument Made
Time enough was given, however,
for the prosecution to make it's first
statement to the jury, and the two
arguments yet remaining will, it is
said, not consume much time on Mon
day, to which day the case was con-
tinued, so that the jury should receive
its instructions and begin its consid-
Grafton of the case by noon on that day.
Although the defendant was the
principal witness yesterday number
of others were called to the stand.
The first of these was DR.. e. j. Good
rich, who was surgeon at the receiving
hospital at the time the shooting took
place. DR.. Goodrich said he did not
consider Avila's wound necessarily
fatal, and believed the man had a
chance to recover if he had received
proper nourishment and nursing. The
wound, however, was a very danger
Gus one, and might within a few days
have resulted in peritonitis.
The first witness for the defense was
Miguel Mignose, who said he witnessed
the shooting. Rebolledo, he said, called
Avila a monkey and AVila retorted
that the defendant was a hog. Mig
nose said he then left the place, but
came back in time to see Avila strike
Repolledo. the shooting taking place
at that instant.
Rebolledo was then called to testify
in his own behalf. He said Avila had
struck him many times without provo
cation. At one time he was sitting on
a table talking to Mrs. Ives when Avila
knocked him down.
Facts from AviIa's Life
The prisoner then made public a page
from the dead mans life history in
which Avila was declared to have told
him he himself had committed high
crimes. 81 knew Avila on the Tonopah
railroad in Arizona" he said, land he
told me he had killed two men in Mex
leo and was in the United States be-
cause he feared the Mexican authori-
ties would capture him if he returned
to his native land. He also said he
had cut man in Mexico because he
believed he was paying attentions to
his wife,
His purpose in buying the revolver,
he said, was not to kill Avila but to
scare him in the event he was at
tackled. When 1 reached the head of
the stairs after purchasing the weap-
on" said the prisoner, II saw AVila
=
1 descended and went to the street and
went to another stairway which led to
the office. 1 saw Avila in the office
with his back toward me and | went
into the bathroom to avoid him.
came out in about three minutes, but
did not see Avila and went into the
office. There were thirty or forty peo-
pie in the office and 1 saw Mrs. Ives
sitting at a table. / went over to a
and stood TALKING tn n
"Avila came up behind me while
was standing there and struck me on
the head with his fist. AS soon as he
struck me Mrs. Ives came between us.
l dropped my hands, which 1 had
raised to get the revolver and Avila
came toward me again in a threaten
ing manner.
Weapon Accidentally Discharged
'I drew the revolver and it went off
accidentally. 1 don't know what di-
rection the bullet went. 1 kept on
shooting and backing away as Avila
continued to advance, even after the
last shot. He grasped me and the re-
volver fell on the floor. l managed to
get away and went to the street, where
l met an officer and gave myself up
He denied the testimony of one wit
ness who said the defendant had de-
| elared he would kill Avila if he was
| hanged Tor IL. lie could remember but
one occasion when Avila said he would
kill him and fixed the time in May
last, but said he always lived in fear
of the man.
Both sides closed at 2:35 o'clock and
| r. w. Allender, associated with Deputy
| District Attorney John North for the
prosecution, began his argument to the
| jury, which lasted little more than a
half hour, when the case was continued
until 10 o'clock Monday. The attorney
| in his argument declared there was
no evidence Of self-defense in Rebolle-
dos act and that it was a case of moth
| ing but murder, without mitigating
| circumstances.