Los Angeles daily herald., 1889-10-31
FIVE CENTS
THE WHEELING CASE.


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The Case for tho Prosecution still
Being Heard.
The Wheeling murder trial was re-
sumed at $50 o'clock yesterday morning
before Judge Cheney and q jury, in De-
partment of the Superior Court, the
courtroom being crowded with spectators,
who watched the proceedings with .
good deal Of interest. The first witness
Gale was s. M. Oxford, q farmer reeid-
ing three miles south of Downey. He
stated that while in the mountains last
June he met Wheeling, who expressed
bis intention to shoot anything and
everything that belonged to Tweedy
should it como upon his ranch, including
Tweedy himzelf. This conversation took
place on Wheeling's ranch, about thirty
miles from Elizabeth Lake, about 8 =.
m. on June 25th. ~
DR.. X. d. Wise, Of this city, was put
upon the stand for the purpose of decid-
ing a hypothetical question regarding
Tweedy's wounds, but was withdraw
whom the Court sustained the objection
made by the defense to the introduction
OF such Testimony 30 early in tae trial.
Joseph Johnson, formerly Constable of
Soledad township, and resident of Lam
caster, related the circumstance of Wheel
ing's surrendering himself at Lancaster.
He identified the six-shooter with which
the killing was done.
John Gest, saloon-keeper at Acton,
testified that Wheeling, while iu conver-
sation with him on the night of the MUIR
der, stated that he had emptied two
chambers of his pistol into Tweedy.
Will NJ. Bailey, q etockman, residing in
East Los Angeles, said he loaned pistol
to Heryford in May or June last, and one
was returned to him on the 2lst inst,
which he traded for better one with a
man named ]. A. Craig. Heryford's
daughter brought the pistol to him on
that date. When shown the weapon used
by Wheeling on July I'd, the witness said
it bore striking resemblance to the one
he had loaned to Heryford, but he could
not positively identify it.
n. A. Morris, resident Of Lancaster,
detailed conversation he had with
Tweedy just before the latter's death.
Tweedy said, in response to q question
as to how he felt: "P am gone the cow
ards have killed me-" He also detailed
the statement made by Tweedy regarding
the shooting in the presence of G. A.
Hellmore, reporter, and several others.
On reconvening after the noon recess
Mrs. Heryford was called and examined
as to the condition of the clothes worn
by Tweedy. She readily identified those
exhibited i'll court as the garments in
question.
Lewis W. George. the blacksmith in
whose shop the murder occurred, was re.
called and interrogated as to the declara-
lions made by Tweedy few minutes be-
fore his death. He corroborated in every
detail the statements made by the wit
ness Morris.
j. A. Fraser, fireman in the employ
Of the Southern Pacific Railroad Com
pany, overheard conversation between
Wheeling and McCreedy at Lancaster,
about IL a. m. on the 10th of June, in
which the former said that Tweedy was
a mean man and that he would get even
with him.
Louis Mayet, Of Elizabeth Lake, was
at Georges shop when Wheeling and
Heryford drove up ia their wagon.
As they drove away again he noticed
rifle laying in the bed of the wagon. He
saw them hitch their team in the rear of
Scbiebler's store, oout 100 yards away.
He then left the shop, but returned
after the shooting an heard Morris ask
Tweedy about the affair in the presence
of Hellmore, but was unable to hear the
replies.
There was long tilt between the rival
attorneys on the question OF what George
said to Tweedy after the shooting about
his being wrong in picking up the bar
with which to hit Wheeling, but the
Court sustained the objections, and the
matter was dropped.
''Zac" Gentry was the next witness
called. He testified that he knew
Tweedy, and saw the shooting on July
I'd. Wayne Wheeling shot Tweedy in
Georges shop; the latter wore a dark
striped shirt at the time. The witness
readily identified the garment exhibited
in court as the one worn by Tweedy at
the time of tee shooting, and explained
that the two holes in it were bullet holes.
At this iuncture the Court adjourned
until 10 O'Clock this morning, and or
dered that the jury be placed in the GUS
tody of the Sheriff until the termination
of the trial.