Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-01-28
VERDICT OF
MURDER FOR
REBOLLEDO
SLAYER OF AVILA TO SERVE
LIFE SENTENCE
PRISONER REMAINS COOL TO
END OF TRIAL
Jury in Case Of Mexican Charged with
Killing Countryman Returns
Verdict OF Murder in
First Degree

A verdict of murder in the first de-
gree, with recommendation that the
court show mercy was yesterday re-
turned by jury in department one Of
the superior court against Fred Rebol-
ledo, who shot and killed Valentine
Aviia in the office of the Hoffman
house August 81.
Rebolledo at the same time shot and
fatally wounded Briiido Alvarez and
seriously wounded Sacramento San
chez. dodgers.
The trial has been in progress almost
three DAYS and a number of witnesses
have given testimony. Attornev r. s.
Schmidt had charge of the defense.
while Deputy District Attorney Tol'n
North was aided bv Attorney w. p.
Allender for the prosecution
The proceedings Yesterday onened
with the address to the iurv nj Attor.
ney Schmidt. who declared there was
no malice shown bv Rebolledo against
Avila. but granting there was he said
there were many mitipa ting circun1-
stances to show the killing was not
murder even in the second degree.
Schmidt said he had studied the case
night and day for long time and had
reached the conclusion that the de-
PENDANT could not be guilty of the
charge against him.
stances surrounding the shooting and
told of the numerous assaults said TO
have been made by Avila upon Rehol-
ledo. and declared that the case even
IN It's darkest phase eould only reach
the degree of manslaughter
Reason to Fear Avila
That Rebolledo had reason to fear
Avila. said Schmidt. was evident from
the fact that he knew the man IN he q
desnerate person. reciting the fact that
Avila had once told the defendant he
had killed two non in Mexico and
stabbed another This fear. he said.
increased as Avila continued his per-
secutions and it was with a desire to
protect himself that the weapon was
purchased.
John North of the district attorneys
office delivered the closing address to
the jury on behalf Of the prosecution
Although the defendant is small in
stature, he said. aud but twenty years
of age. the quality of malice in man
of small size is as great as that in
1arger person
1.-THE defense has tried to show the
prisoner acted in self-defense." he said.
but in spite of their efforts they have
not succeeded"
He reviewed the testimony of wit
nesses for the state and declared he
was inclined to believe their state
rfents rather than these OF the de
PENDANT himself.
Speaking of Rodriguez, the witness
who has been held in the county Jail,
he declared it was almost an impossi-
hility to keep witnesses within the ju-'
-isdiction of the court in murder cases.
and stated: when we have witnesses
In such cases we propose to keen them
where we can put our hands on them"
He said the defendant had long stud
led the nature Of his defense and had
decided to tell the truth, because it
would be foolish to tell lies in the face
of the evidence against him.
Actions Showed Planning
North declared Rebolledo's every ac-
ton, beginning some hours prior to
the shooting, was premeditated. and
followed his movements from the time
of his last quarrel with Avila to the
moment the defendant gave himself
up to the police.
"Reboliedo knew full we'll that Avila
was unarmed," said North. land that
he was powerless against powder and
lead. When he knew he would be ar
rested and tried. and when he saw the
officer outside, he gave himself up; not
excitedly but in a cool manner carry
Ing out a preo onceiVed plan. At the
police station he expressed sorrow be-
cause of the wounding of the other
men. but showed no grief when he
learned of Avila's condition.
THE defendant is small in stature
and young" said the deputy district
attorney, "but If he is liberated on this
community, or If he is incarcerated but
short time, to what effect has the
dollars of this community been spent?
We have no assurance that his crime
viii not be repeated, and the policy of
society is to place such men where they
cannot again take human life"
At 1918 o'clock the case was given
to the jury and at 4 o'clock a verdict
was returned.
Rebolledo as he heard the reading of
the verdict maintained the same calm
composure he has exhibited throughout
the trial, but as he arose to accompany
deputy sheriff back to the county jail
It was noted he had become suddenly
weak and it was necessary to support
him.
Sentence viii be imposed by Judge
Smith at 10 o'clock Thursday morning.
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