Los Angeles daily herald., 1888-03-14
PACIFIC COAST NEWS.
The Dimmig Case Submit.
ted to the Jury.
ANOTHER OSTRICH FARM.
Results of the Elections at Sacra-
mentO Victories for the
Democrats.
Associated Press Dispatches to the HERALD.

Associated Press Dispatches to the HERALD. |
SAN Francisco, March 13.-The
trial of Jno. A. Dimmig for the MUIR
der OF Henry Benhayon came to an
end to-day, after lasting nearly four
weeks, the case being given to the
Jury at 5 5:45 Pm. The court room
was crowded both at the morning and
afternoon sessions. The morning was
occupied with the closing speech Of
attorney Darcy for the defence, who
confined himself to the circumstan-
tiality of the evidence and the de-
termination of the detectives and
prosecution to fix the crime on
Dimmig. o-t
Attorney Tum SUDDEN followed. The
witnesses for the defense had thrown
an air of mystery around the case and
the prisoner. The fact that chic
reformed liniment was found near the
body showed that it had been used by
tyro, because person who knew Of
the action of the preparation and
drugs generally would be aware OF the
fact that it would not operate for half
an hour after taking, go if the deceas-
ed had been poisoned by others he
would have been given some other
drug than cyanide of potassium if it
was intended to avoid commissions. On
question whether the confession was
forgery, experts had disagreed. The
attorney then attacked the testimony
of DIR. Harlow, who claimed to have
seen Dimmig, Mrs. Zeising and Ben
hayon near the house on the night of
the alleged murder. This testimony
he considered deliberately false. Dim
mig's statement as to his whereabouts
was substantiated by witnesses Ap-
pei. Bernstein, Higgins, DR.. Scholl
and others, while Mrs. Zeising's evil
dence that she was at home at 10
O'Clock on the night Of October 22nd,
was corroborated by her husband and
her landlady, Mrs. Rucker. Another
point in favor of the defendant was
that in all his transactions of
the purchase OF cyanide of
potassium and the hiring of
IOOHb Lc udu gwen uO dSSullSu
name, as would have been the case
were he criminally minded.
District Attorney Kirk replied to
Tum Suden, and the court then read
the charge to the jury, the instructions
being quite voluminous. In regard to
the testimony of the writing experts,
the jury was Instructed that the evil
dence of the greater number of wit
nesses called as experts should not
overbalance the testimony given by
the smaller number because of that
fact.
The jury then retired.
HARD TO SECURE A VERDICT.
When at ten O'Clock tonight Judge
Murphy had Dimmig's jury brought
into court and learned that they had
not reached an agreement, he
said: "Then, gentlemen, you will
have to remain during the night.
It is out of the question to talk about
discharging you now. This trial has
been of long duration, and is of great
Importance. Therefore will have to
send you back to the jury-room, and
will remain at your command up to
12 O'Clock. If by that time you have
not agreed upon a verdict you will
remain for the balance of the night"
"You may as well. let us go now,
for we will never agree" exclaimed
one of the jurors, and they according
ly returned to the room. 1t was re-
ported that the jury stood nine for
acquittal and three for conviction,
but that was not positive.
Up to l :45 A. NJ. no verdict has been
reached by the Dimmig jury. 1t is
now stated that if the verdict is agreed
on tonight, sealed verdict will be