Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1886-05-27

tongues that have been stepped in aqua
| forts 10 hlacken the character OF this
grand old patriot. The attorney then
read from the San Francisco Cabot May
| oath. in which the Rothschilds
are said to be engaged IN a
conspiracy, and asked why the
complaining witness here did not file
a complaint against the Cali From this
point the speaker got into literary
comparison between Shakespeare and
John Bunyan in the "Pilgrim's Prog
ress.' The next thing was the article
ON which the suit is based, which was
claimed not to be libelous, and that, as a
public character, MIR. Wells doings were
legitimate matter for criticism. This is
an unfortunate case in one respect. 1t
is unfortunate for the county and Il is un-
fortunate for those who are engaged in
it. No good ever comes out OF malice.
Before you can ind Mr.. Bell guilty you
must find that he did wantonly, wilfully
and maliciously intend to injure Hon. G..
Wiley Wells, and that he did iniure
him. What part of MIR. Wells charac-
ter has been injured by this ar
ticlel Has it impeached any part
of his character? l think not.
What part of his reputation has been
impeached-ths reputation OF Mr..
Wellsi We wanted to inquire into the
reputation Of Mr.. Wells. There are va
rious kinds of regulations. think you
would not judge Major Bell guilty un.
less the reputation of Mr.. Wells had
been put before you. He cannot be
found guilty upon the reputation of
man unless the man has been proved to
have good reputation. He was called
to time at $3.50 P. nj.
-- Wade. ESQ.,. followed for the
prosecution immediately: shall con.
fine myself entirely to one branch of the
subject that is malice. | want to take
it up just where it was laid down this
moment. The impression attempted to
be left upon your minds 10 that you
must find some proof OF ill-will Moth.
ing could be further from the fact, the
very illustration of Mr.. Williams will
show you this. On the very testimony
he supposed 10 have been given, you
would hang the person. The murderer
loved the victim just as Bell loves
Wells. You know how well that is. A
man burns his neighbor's house for $1,000
house. He may say did not do it to
injure him. had large family. They
are the best family in the State. |
wanted the $1,000 to keep roof over
their head-to pay off mortgage on
my house. Would yon acquit The man
of arsonf The case of two grocers, RE
walls in trade, where one got the other
libeled id the papers, so as to help his
own trade The edi or did it not be-
cause he hated the grocery man. he
loved the grocery man dearly, bat he
increases his circulation by the libel. The
jury will find him guilty in spite of his
love for the injured man whom he in
iured That is what the law means by
malice. II means deliberate act done,
which Injuries another. He did it for his
own personal good. Let me inplore you
to contine yourselves to the evidence be.
fore you, not the evidence that might be
in it. They might have proved the
truth of their statements. They did not
do anything of this sort. The fact that
they offered to prove some other propo-
sition and were not allowed to do SO is
not the question. At 3:40 Mr.. Wade
finished.
JUDGE FITZGERALD
Followed with an argument Of over an
hour. 1t was right to the point, full OF
telling eloquenee and pointed logic. A
verbatim report Of IT was promised the
HERALD, which, promise prevented the
reporter from taking his usual notes.
But as the report of the trial had to 60
on the inside of the paper which goes to
press at IL o'clock, aud at that hour not
more than half the '.copy" had reached
this office, of course it became impossi-
Bile to publish the matter. This is much
regretted as the address was one of
great power and beauty.
At 5:l5 the case went to the jury, at
ter the Court had read the law of libel
and the statutory definitions of the Code.
At about 10 the jury intimated that
there was no possibility of arriving at
verdict, and message to that effect was
sent the Court. He concluded not to
come into town again, and the jury was
locked up for the night. 1t is rumored
that they stood nine for an acquittal. If
this proves correct, as no doubt it will,
it will probably be an end of these trials
for the present.