Los Angeles daily herald., 1889-11-08
IN HIS OWN BEHALF.
wayne q. wheeling ON the witness
stand.

wayne o. wheeling ON the witness
stand.
The feature OF the Twesdy murder trial yes
terdsy was the testimony of Wayne o. Wheel
ing, the defendant 1t ran substantially like
this:
NV name is W. o wheeling. 1 was born in
Fulton county Illinois. Thomas Hereford is
my stepfather. When l was 10 years old my
mother removed to Keokuk, Iowa, and then
went to Chicago. 1 was 81 last Monday. Here
ford had yeast factory. I worked there until
1882, then went on the railroad. was pas
senger brakeman. l came to California in No.
vember, 1886. ! was baggagemaster on the
st. Louis, Keokuk and Northwest railroad for
St. Louis. Burlington was one of my layover
places. Hereford moved to California between
1883 and 1884 He preceded me: He came by
himself His family y my mother and two
were all here when came. l came here on
account of my mother getting seriously hurt by
falling on Of a horse. She was living on the
when came here. He was raising vegetables
and sold them to people in the valley. He still
lives there. 1t will be three years the Goth of
this month since came here. I had three
months leave of absence when came here l
built cabin on piece of unsurveyed land
near my fathers, which | intended to home
account Ct the poor health of my moth er CON
cluded to remain | fenced some railroad land
near my fathers and had made application to
buy it, The railroad land is on the west of my
fathers. In November, 1887 I saw Thomas
Gentry and Tweedy on the Liebre ranch. My
father and were going to look after some hogs.
Of our place; John Y Del Vale had
charge OF the. Liebre. ranch. In g.
conversation with Tweedy in the fore
part OF November, 1887 he made proposal to
me and refused him. He said If ever gave
him away about marking calf, he would shoot
me. He said one man had went back on him,
that way. He wanted me to go into the butcher
business with him; Said we could make
money Gentry would furnish tie cattle; that
drive a wagon and sell the meat. told him
did not care to make living that way. Tweedy
then said what have stated. On the night of
ABOUT five miles from my home was next at
home on the night OF the l4th of Decem Der
My sister told me Bill Tweedy was there
would shoot me because had given
him away about branding calf, William
Tweedy drew rifle on me on the 9th of Feb
ruary, 1883. At Maynard one day went to
the saloon. | did not go in because heard
Tweedy say, There's Wheeling, Bill; I'll give
you SIS to lick the - b" 1 went Off
saw Tweedy standing In front of the saloon as
Mr.. Hereford and | went to the blacksmith
shop. The crowd followed us. When came
out Of the shop Tweedy said, IF you are on it,
pulled up his sleeve and had knife in his
hand. quickened my gait and went to the
hotel. l did not say anything to him: AT
October, 1888, saw Tweedy and Crane When
they came got on wagon and started home
Mr.. Hereford was with me, did not want to
other time when Tweedy and Gentry were
there At the Fray trial 1 was witness. and
heard Tweedy say, as l. was going down
killed hogs for living. did not make any
reply. went away from where he was. met
man named Oxford and toree other men near
my cabin. The night before a band of cattle
haG been on my corn. Oxford asked me If the
long horns bothered me. showed him abou
three acres of corn that had been trampled
and said they ought to be shos. never men
toned Tweedy's name 1 remember having a
conversation about Tweedy in which said he
was very mean mau. I never made any
threats about Tweedy. I never went with A.
Mellick to Gentry's to look for horses was
never with Hereford when anything was said
ness transactions with Mellick In DECEMBER.
1883, l took charge of some rented land and
put IN crop | am single man and took most
morning of July I'd we started
from Hereford's house in wagon. had aIifs
in the wagon. Ny sister asked me to leave the
rifle at home and gave me revolver. She said
she wanted to shoot some squirrels fastened
the revolver, which was in scabbard, around
the wagon, and started for Maynard to sell the
venison and get the wagon fixed. We met
Johnson He was in front of his house. was
Wayne wants to look out for Tweedy; he has
his gun with him. Johnson said Tweedy was
mad as hi about that bull. He said Tweedy
rived at the blacksmith shop between IL and i
o'clock. Tweedy and Gentry were there. l
asked George II he wanted to buy some venison
from there to the store ard fed the horses and
ate lunch Mr. Hereford took the venison into
I fesa store then e. , sat dqyn and
After stepped into the shop l heard noise,
and saw Gentry give Tweedy kick on the
foot. turned around. I walked around and
him when he could g, to work on the wagon.
He said next day, and then Tweedy got up ran
his hand through his hair and said: Wayne.
stopped down and picked up piece of iron I
said Don't you pick up piece of iron to hit
me-" He made lunge at me and said: "You
q d,e D and fel back , against the bench
me. could not swear whether it was a chisel
or bar OF iron | went back until 1 came
hip. fred two shots. He had picked up
the iron and raised his arm. He was
going oi1g to- to strike me. When 1 fred the
tas TRe smoEe obse ne p Sm rom
me when fired the second shot I fired the
Two s shots to protect myself against Tweedy;,
pick up that iron to kill me WITH" He said he
did. After Tweedy started toward me- Gentry
stepped outside. thought he was going to the
wagon. seen the butt Of a revolver lying on
q coat on the wagon. After the shots were fred
l saw Gentry on the north side of the wagon
I never touched my revolver until Tweedy
made toward me with the iron. When he looked
at me he had q scowl on his face. He did not
walk FAST His quick movements were when
he stepped to PICK up the iron. His voice was
harsh.
The prosecution here took up the line of eyi.
dence in rebuttal. The effort was to show that
Tweedys reputation for peace and quiet was
good, and that Gentry's for truth was gone
Such men as Fred Lamborne, of Lam borne &
Turner, Emile Peschke and Diffendorf of New
hall, swore that they knew Tweedy well; that
he was peaceable man. not given to quarrel
ing The case will be argued today