Los Angeles daily herald., 1889-10-29
THE WHEELING CASE.
A Jury Obtained and the Presecu-
tiOn Begin

a JURY VOe8A.S>
tl0n Begins
The trial Of Vain o. Wheeling for the
killing of William Tweedy at Maynard,
in Antelope valley, began yesterday in
Judge Cheney's court. The work of i'm
psneling jury was finally accomplished
about 8 O'Clock in the afternoon, by
which time tbs defense had exhausted
all it's peremptory challenges except two.
The counsel for the defense moved that
the witnesses in the case BIS excluded,
Int the Court declared that it would be
very difficult to carry out this plan, as
the witnesses numbered over 100, and
there was no place except the court room
available for their accommodation. 1t
was proposed by defendants counsel,
Messrs. EdgerSon & Shinn, that only the
witnesses who are to testify on certain
points be excluded, and that list of
these be prepared. In the meantime the
witnesses were excused from the room.
It looked very much as though an order
had been issued to clear the court, as
nearly all the people who had crowded
in and filed the seats were witnesses.
District Attorney Kelly then opened
the case by explaining to the jury what
the prosecution expected to prove. The
first witness to be called was Lewis w.
George, young man of %, the black
smith in whose shop the killing took
place. He described the shop as being
Is feet by 20, facing north, with door
feet wide.
ssBetween IL and l O'clock" said the
witness, in answer to questions put tc
him from time to time by Henry L.
Gage, who assists the prosecution,
"Will Tweedy and Jack Gentry came
into my shop and began to talk about q
Job which was to be done. They went
out for q while and then returned, and
we worked for while at cutting tire in
two which was to be used in mending
Tweedy's rig. We used cold chisel."
The chisel which Tweedy was stopping to
pick up when Wheeling shot at him WAS
offered to the witness and then placed in
evidence.
ssThis is the chisel that was used. A
little before 2 O'Clock Tweedy lay down
at one side of the door, using an old
valise for pillow. His legs stuck out
80 that they could be seen from the road
After he had fallen asleep, Wheeling
and HEREFORD drove up, and Wheeling
came into the shop. He walked around
the anvil and then went out. HeryforC
stood at the door looking in. They both
went away and were gone about fifteen
minutes. When they returned, Wheel
ing came into the shop again and began
to ask me about some wheels. l was
working at the anvil. Presently Tweedy
awoke and rose to his feet. He came
toward us running his hand through his
hair. In tone of voice which was moi
angry, but rather grieved, he said tc
Wheeling, 'Wain, why did you kill my
bull?' As he spoke he stopped
down and with his right hand
started to pick up the chisel which
he had been using. At that moment
Wheeling said something, and fred
shooting Tweedy in the stomach
Tweedy clasped his body with his arms
and whirled around. Wheeling fired
again, and this time the bullet entered
his back. Tweedy ran toward the door
and l said: Don't shoot any more.
Tweedy fell, and Gentry and 1 went to
help him up. We led him around the
shop into the room where I lived back
of it, and put him upon the bed. He
died FIVE hours later
An effort was made at this point to in.
troduce the statement made by Tweedy
to George before he died. The defense
objected, and before the discussion on
this point was completed the Court ad
journed until 10 o'clock this morning.