Los Angeles daily herald., 1890-03-05
THE WHALING CASE.
A Charge of Disturbing a
Public School.
TESTIMONY FOR THE PEOPLE
Several Teachers State That He Pre-
duced Disorder in Their
Various Glasses.
TESTIMONY FOR THE PEOPLE

The trial of Michael Whaling upon a
charge of disturbing the Spring-street
school on the Nth of February was be-
gun yesterday morning before Justice
Lockwood. The entire morning session
and portion of the afternoon was occu-
pied in securing the jury. One panel
was exhausted before noon and only six
jurymen obtained. A second panel was
exhausted before the twelfth man was
secured and small panel was found
necessary to fill the box. Four or Eve Of
the first panel were not on the ASSESS
ment rolls and were excused from at
tendance. Most of the others were found
to be ineligible because they had formed
an opinion of the guilt of the
defendant from reading the news
papers which would require evil
dence to remove. 1t was not until
after 8 o'clock that the first witness was
placed on the stand. At the first ques-
tion the attorneys for defendant, Messrs.
Peyton, Stephens and Appel, objected to
any testimony being taken, on the
ground that the court, acting as police
court, had no jurisdiction in the case.
The objection was overYuled, the court
holding that it was police court, having
been designated under the Whitney act
by the Mayor as such court. The case
for the prosecution was conducted by
Messrs. Dunn, Crutcher and Diehl.
The first witness was Miss E. Ben
cough, in whose room the disturbance ol
w hicb Mrc RroAGol6 foolx
place. Miss Bengough testified that she
had !. ed in the city twenty-one years,
and that she had known Mr.. Whaling
about that time. On the afternoon ol
the 14th of February. about five minutes
after her class had gone out for recess,
while she and Mrs. Bradfeid was seated
at her desk talking about drawing pa
pers, the door opened and Mr.. Whal-
ing walked in. He greeted her pleas
antly, to which she replied, and she
arose and was about to pass out, as il
was nearly time for her class to come in
Mr.. Whaling stopped her, saying, 81
wish you to hear what am going to say
to Mrs. Bradfeld." The witness then
stepped on her platform, when, much
to her surprise, Mr.. Whaling commenced
a violent trade directed towards Mrs
Bradfeld. He said he would have he,
investigated before the Board of Educa.
ton; that she was too independent
going when she pleased and comm,
when she pleased, and that her salary
was too large for the work she per.
formed. Mr.. Whaling's words were, as
near as she could remember, "You are
too much your own boss.' AS Mr..
Whaling said this he stepped forward,
swinging his arms wildly, and witness
thought he was going to strike Mrs.
Bradield. She became frightened, and
went out to call the head janitor, MIR.
Henry, leaving Mr.. Whaling talk
ing in violent manner. A few
seconds later witnesses class COM
menced to enter, and the child
rem, seeing Mr.. Whaling swinging his
arms and hearing his loud talk stepped
back considerably frightened. Witness
however told them to take their seats,
which they did. and shortly afer Mrs.
Bradfeld left the room, Mr.. Whaling
following, still talking loudly. Witness
did not understand the last remarks of
Mr.. Whaling but heard his voice and
observed his actions from distance.
Mrs. Bradfield ead very little to Mr..
Whaling, only remarking that she re-
ceived her instructions from the Board
of Education. Witness thought Mr..
Whaling must have been intoxicated
because he did not stand steadily on his
feet, and she had smelled his breath,
which was very offensive. She knew
that it smelled of whiskey.
In reply to question on cross.exam-
ination as to how near Mr.. Whaling
stood to her when she perceived the
whisky smell on his breath, Miss Ben
cough replied, "roo near"
The next witness was Miss Wright,
also teacher in the Spring-street school.
She stated that earlier in the afternoon
Mr.. Whaling had visited her room, which
was in the yard, and had addressed the
children without asking her permission.
His remarks caused the children to be-
come disorderly, and she had to send
one little boy out of the room to stop his
laughter. After his speech, che stated
that Mr.. Whaling had stood in front of
her desk with his arms on it's top and
talked to her. She noticed that his
breath smelled strongly of whiskey. Wit.
ness repeated this substance of the re-
marks made by Mr.. Whaling and said
that he caused a disturbance to the ex-
animation which was in progress when
he entered the room.
at the conclusion of Miss Wright's
testimony a recess was taken until 7
O'Clock in the evening.