Pescadero Memories

Hi June,

John Green’s testimony was hard to follow, but the Cross-examination is worse. I’m assuming these are just scribbled notes by the correspondent. Enjoy. John

CROSS EXAMINATION

Two steps and a half lead to the house; from the ground are twelve to fifteen inches; was told, on Friday, during the day, that trouble was brewing; Coleman Brashear told me of it before 12 o’clock; I suspected trouble before that; I moved into the house on Monday, Nov. 3rd.; that evening two men came to the house and asked for Brashear; he went out and had a talk with them; he came back and told Harvey or my son, that Kinsey had sent the two men up to help Brashear move out of the house; I told Brashear, Kinsey should do his own fighting; I went to the house at 10 A.M.; found Mrs. Brashear and some children; Brashear came in during the afternoon; passed the time of day with him; he said he had a sore leg; never told him I intended to come there; Brashear moved into the house September 8th, 1st (1st instant = this year) I went there on Moday (sic) Nov. 3rd, with my brother, son, teamster and my wife; we were not all armed, myself and brother were armed, my brother had his shotgun, as he spoke in the morning of hunting quail; two or three days afterward said to Brashear that I intended to lease the place; he said he had a lease from Kinsey; told him I would not recognize the Kinsey lease; Brashear said he did not care if he had a lease from me or Kinsey, so long as he was paid for his work; I told him I would lease it for the most money; he said he would consider the matter; Brashear’s family remained until Friday; his goods were moved to Pescadero by my brother’s team; the order for moving the furniture was given by Brashear Friday morning; before Brashear started away he said there would be some trouble; asked him if he had a lease from Kinsey; he said, no, that he would get it that night. I told my brother about it, and he went to see Brashear; the neighbors, generally, advised me to take possession of the house. I had lived in the house for sixteen years, until a year ago, in November.

Counsel for defence (sic) asked witness whether the witness had not given a deed of the property to Kinsey. The prosecution admitted from Nevember 1872, to Novembe 3, 1873, Kinsey, by his tenants, was in possession of the property.

Counsel for defence (sic) then desired to go into the history of the deeds passed between the parties, which was objected to by the prosecution and sustained by the court.

A COOL REQUEST DENIED

Counsel for defence (sic) requested the privilege of the Sheriff to take Mr. Kinsey and his wife to the hotel to take dinner. The District Attorney objected to the prisoner’s being removed from the jail; he wanted no such precedent.The court sustained the objection. A recess was then taken. Continued in Part 5