Lucy Elder witness
R ui cMrnrc , n. MlHH o (IF 11 Ul J.u. TheiriDefendaiitTeiiiporarilyExcused Alter Brief Examination Wednesday Resumed Testimony This Morning— Case Expected to Go to Jury This Afternoon When the "Democrat's" report of the proceedings in the case o£ the People People vs J. L. Qillospy closed Wednesday Ray W. Smith was on the stand. He testified that he saw Glllasp.v near the uooldiouse with his band in his pocket on the afternoon of the assault. At first he thought that Glllnspy had some candy for the children. Then he saw him [mil a pistol from his pocket is and heard him say. not mix up in this." "Stand back and At this, witness to of lie six the arrested is a native vs. full jumped at defendant and hitting hSiu knocked him down. Defendant, arose, still having the pistol in his hand. Witness declared that he begged defendant defendant to give up the pistol, saying that he did not wish to harm a hair of his head. Defendant refused and they rushed together again -and in the scuffle the pistol was discharged. Witness Witness got a hip-lock on defendant and threw him over his head. He hit defendant defendant again and he lay helpless. Witness told defendant ho would not touch him if be would only lay still unft'I the officers arrived, and was emphatic emphatic in declaring that he used only liis hands in the scuffle. Sheriff Monroe testified that when he arrived oti the scene he found defendant defendant lying in a pool of blood and apparently unconscious. His face was so badly beaten that it was almost unrecognizable. He lifted him up and placed him in his automobile and brought him to Woodland. On the following following clay he took him out to the county hospital. Several days later defendant left the hospital, and the sheriff after a search of three days found him In a burn near Yolo. He offered no resistance. Miss Lucy Elder was the last witness witness called by the prosecution. The first witness called by the defense defense was Mrs. A. li. Wiley of Sacramento, Sacramento, who testified that on September September 2Sth defendant called at her house and enlisted her services in the attempt attempt to effect a reconciliation with his wife. Mrs. Wiley telephoned, but without result. Charles Owen gave some unimportant unimportant testimony and then the defend- .nl was called to the stand. He tes- ified that he and Ray Smith had con- racted together in the handling of the ..rape harvest. They employed 20 nen. As the various questions wert nt to defendant it became appareni hat he had failed to hear much of he testimony on account of deafness VUorneys for the defendant ashed foi i continuance until this morning, in irder that they might acquaint de- emiant with Hie evidence that- has >een introduced. The request was granted. , Owing to a lale train one of the jur ors was delayed and it was nearly ]' o'clock before court was called to or ler this morning. Defendant resnmet be stand. He testified that he neve Milled his gun until afler Smith strucl lim with a hammer. Then he pullet he trigger in self-defense. He deniec .laving at any lime poinled the re volver at Mrs. Gillaspy. He testltiei hat afler he was lying on the grouni Smith jumped on him, one foot strlk ng him in the month, and applied I'ile epithet to him. When ashed a. :o injuries received in the stniggl no said that n hone was fractured on :he left side of his face, his nos orolien, five ribs fractured, one tooth knocked out anil another loosened. He also said that he had a bad wound on the top of the head, and exhibited powder hums under the left ear. His direct examination was concluded just before the noon recess. This nfter- to noon, when court reconvened District Attorney Bailey began his cross-examination. cross-examination. The defense has three or four inoro witnesses and il Is possible possible that the case will go to the jury about 5 o'clock.