Los Angeles daily herald., 1889-11-13
FIVE CENTS.

| Vua5 u0 WAS Shopping Wn0n ne
received the first shot. The shirt be
| wore when shot and the doctors
evidence showed that the second shot
took effect in his back. An old German
woman in house near by testified that
the shots were not close together, but
that an interval elapsed between.
There was the testimony for the Jury to
find verdict from. All hinged on the
point whether or not Tweedy was about
to assail Wheeling, and if he showed any
such purpose, what was the imminence
and degree OF Wheeling's jeopardy. The
men were about the same weight, Tweedy
short and fat, about SO years old, Wheel
ing taller, spare of flesh, athletic, and
perhaps ten years younger. Wheeling
had loaded and cooked pistol covering
Tweedy, and Tweedy had cold chisel in
his hand.
Monday morning at 10 O'Clock r. P.
Kelly, for the people, opened the arUu.
ment, and spoke two hours,
presenting the testimony in the
case In an analytical, lucid
and cogent manner. He was followed
by Hon. Calvin Edgerton for
the defense, who spoke in the afternoon
from to o'clock, in most mastery
and eloquent appeal for his client. He
snalyzed the testimony in such way as
to put the case for bis client in the best
possible light.
Yesterday morning at about 10 O'Clock
Judge Shinn, of Shinn, Ling & Co., took
up the argument for the defense. aud for
nearly three hours he held the attention
OF the Court and of the Jury, as well as
OF the courtroom full Of people in the
closest attention to his words. He re-
viewed the evidence; he laid down all
the tangled principles of the law in the
case. lie made impassioned appeals to
the jury, and from some of them he
actually drew tears, go pathetic were his
appeals in behalf Of his client. The trio
of lawyers who were engaged in the de-
Tense have been indefatigable in their
labors to leave no stone unturned for the
benefit of their client.
In the afternoon of YESTERDAY Henry
I. Gage closed the argument, presenting
the case for the people. It is rare indeed
that jury ia treated to an grafton COM
parable to that Of Mr.. Gage. He missed
no point; he forgot nothing; he was
analytical; he was thorough in the pre-
sentation of the evidence. He elucidated
point after point with master mind and
eloquent tongue. He rose to heights Of
oratory not often reached, and touched
the deepest sources of pathos in the
hearts of the jurors.
In fact, on the part of all the attorneys.
the battle has been very hard fought
one all through. There were ffty.eight
witnesses subponaed on behalf of
the defense, and seventy.four for the
people. There were 100 different calls to
the witness stand, and the testimony was
most voluminous. The defense had hard
fight all the way through. There was only
the testimony of the defendant az to the
killing, against that of two eye witnesses.
And any case in which Henry Gaze ID
will keep the minds of those on the other
side busy. 1t was the comment of those
present that this forensic Mercury was
met at all points by those opposed to him.
About O'Clock the Court began to
read the instructions to the jury, and at
half an hour later the case was given to
the twelve men in the box. After an
hours deliberation they were taken to
supper, and at 7 80 they again began to
weigh the case. At 8 20 knock came
and the announcement was made that a
verdict was forthcoming. The Court
was notified by telephone, and
at 10 O'Clock, the Judge having
arrived, the jury filed in. 1t was an
anxious moment for Wheeling. Many
we're the surmises as to the tenor of the
verdict, which at length was read. It
found the defendant guilty of man
slaughter and recommended him to the
mercy CT the Court. The verdict was
duly entered, and the prisoner taken
back to Jail. On the way he said to his
half sister, Miss Stella Hereford, that
his lawyers would at once move for
new trial. At the Jail the Sheriff in
charge of him said, "Well, it might have
been worae;" he said, sob, yes, 1 am
satisfied"
On the fret ballot the jury stood eight
for guilty without fixing degree, and
four for an absolute acquittal. The YER
dict of manslaughter was afterwards
agreed to.
Sentence will be passed next Monday
at 10 o'clock.
Shortly before verdict was reached
message came to Henry T. Gage, calling
his little boy. As he lives near Downey
City, he will not learn the result of the
trial until today.
Aho 1uiy nn 'hoy eoptTateu gave Dep-
uty Sheriff J. @. Cline the following
pleasant little epistle:
Los ANGELES, CAL, Nov. IL. 1880.
We, the undersigned 'jurors" in the
"Tweedy murder trial." do hereby take
this mode of expressing our heartfelt
thanks for the courteous manner in
which Deputy Sheriff Cline has treated
US while under his charge:
D. Jones, Foreman; Gao. Weeks, Sec-
retary; ]. w. Goodwin, e. F. Charnock,
O. B. Christ, w. G.. McMullin, 3. D.
Park, A. Saunders, William Rector, J.
R. Denny, W. Bespi, R. B. Bishop.