Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1886-05-26
THE LIBEL SUIT.
The Testimony introduced
in the Case.
COL. WELLS AS A LAWYER
The Attorneys Keep up Lively
acknowledgement
To-Day.

AT l0A NJ. yesterday. in Judge Che
ney's department of the superior Court,
the case Of the people against Major
Horace Bell was called. The Major, as
is we'll known. is under trial for criminal
libel in an article published in the Por-
capine Of February 9. 1886, rejecting
on Col. Wells. It 10 also well known to
readers Of the HERALD that this is the
second trial Of the sort where the parties
are the same. One was tried last week,
the article being "Was it his Wife?" In
this the jury disagreed, standing for
acquittal. The article on which the
present suit is based is that in which the
allegation is made that when Senator
John Sherman was in this city Col.
Wells followed him round in ''seryile
manner" that Shermsn said Mr.. Wells
was known in Washington as &c. Obey
Wells;' that he had been "carpstbag
Congr essman" for Mississippi and Com
sui to China, where he had gotten
enough money to buy a $4,000 law
library, which he had never read, and
that he was not competent lawyer.
The names Of the jurors were pub
lished in the HERALD OF yesterday
They were all present in their places TO
try the case.
The frat movement was made ON the
part Of the defendant, Major Bell, who
nrodnced an affidavit to the court, In
which be set forth that one OF the ju-
rors. M. iced, was prejudiced against
him. and seeking to have said juror ex-
cluded from the trial OF bis case. The
moment the purport of the document
was disclosed in the reading OF the first
few words Judge Fitzgerald objected to
the motion as being contrary to the
forms OF law made aud provided in such
cases. The Court read the section of
the code covering the point and main
tanned the objection excluding the read
ing OF the affidavit.
The prosecution then put on ex-
Deputy District Attorney @. W. Knox.
who swors that on the preliminary ex.
animation before the Justice of the
Peace Major Bell admitted that he had
published the article 10 the Porcupine.
On cross. examination there was long le-
gal sparring, as will appear from the
following:
Major Bell-In this matter Of libel,
did you not draw up several complaints
before you had one that would stick?
The prosecution objected on the
ground that it was not proper examine
ton. Sustained.
Questien-When this complaint was
drawn up was not f. J. Baldwin and his
man of all.work, Unruh, present in the
Officer Objected TO and sustained. The
Major replied: "We want to show
there was q conspiracy to ruin me" The
Court ordered that the case proceed.
Question--Were you bulldozed into
drawing up this complaint
Objection sustained.
Questien--At that time did you not
state that Colonel Wells was member
of the church and 1t was necessary to
proceed against me!
The Court sustained an objection, and
Judge Fitzgerald asked that all such
questions be ruled out, and that the
Court insist that they be not asked. The
Court stated emphatically that the line
of gu estioning was improper, and warned
the defense not to continue it. Major
Bell rose and proceeded to argue the
matter.
Court do not desire to hear any or.
gument on the question, Major Bell.
Bell--But | want to argue.
Court-Sit down and proceed with the
case.
The Major sat down and announced
that he had no further questions to ask
Mr., Knox. The District Attorney in
h. ftIhor,nan nm
Wells, and announced that the case for
the prosecution was closed.
THE DEFENSE
Then called L. II. Emerson, and Major
Bell began to question him.
Odd you employ Colonel Wells In
q land case wherein K. j. Baldwin was
plaintiff and you was defendant?
Ayes. Abbot Kinney was associ-
ated with me.
Q.-How did he conduct the cases
The prosecution objected; sustained |
Q.--After you had employed Colonel
Wells aud paid him, did he not go over
to Baldwin's sideY
Objection made and sustained.
Major Bell wanted TO argue the point, |
and the Court asked, "What is theI
point of your argument
az want tn nrove nv hi. witnass that
Colonsl Wells was not an honest and
oomnefent lawyer Init a ne,tifoooer
Tbs Major Wanted In sns.L : l;t,a
mora on the Same no;nt bpt the Court
dsnl;nsd M hear him The dafansa al
Loved M E,arson 10 rstirs
-
rhh phfhN1ANi
Then took the witness stand In his own
penaH. ne ssa'eo that ne had eleven
finest family in the State; that when the
war broke out he went to the front and
staid there until the bloody conflict was
over.
Question by w. T. Williams-WhatI
was the object Of your starting the Por.
capinel
Judge Fitzqerald--I object to the
question. We don't want to know the
reason why the Poreapme was brought
into existence. Il has nothing to do |
with the case. Objection sustained.
Q--Is it customary for lawyers to pur. |
chase $40. 900 worth Of books when thew |
start in to practice their profession |
This question was ruled out.
At this point the defense tried as be. |
fore to get their case before the Jury as
thew had tried in the previous trial. to |
which the prosecution objected at ali |
poipts. There was much arguing oil
legal points pro and con. the Court for
the most part sustaining the objections
on legal grounds. The Major now and
than oot IN a few sentences Of testimonv
the greater part of which was ordered
stricken ont In this way the morning
was consumed.
.rry,voov sYss,ov
At AS the case was resumed. Juror
II. C. Thomas was not present, but came
in a momen later. Major Bells coun.
sci, w. I. Williams, asked Major Bell
what occasioned the publication of the
article. There was objection by District
Attorney Holton, whereupon counsel
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