Los Angeles daily herald., 1890-03-06
THE WHALING CASE.
The Jury Finds Defendant
Not Guilty.
TESTIMONY FOR THE DEFENSE
A Number of Witnesses Give Mr
Whaling a Good Reputation
for Peace and Quiet.

rector Whallng was resumed DeIore JUS
tice Lockwood yesterday morning, por-
tion of which was taken up with the ar.
gument over the motion of defendant's
counsel to dismiss for want of sufficient
evidence to warrant continuance.
This motion was overruled, and the first
witness examined for the defense was
Judge O'Melveney, who stated that he
had known Mr.. Whaling twelve years,
and during that time he had never heard
his character for peace and quiet dis
cussed. Judging from his observations
of Mr.. Whaling from the bench witness
thought he was of an excitable nature
and that at times he became warmed up
and INDUCED in somewhat wild gestures.
Witness had never seen Mr.. Whaling
when he thought he was intoxicated, but
he never was close to him, being on the
bench and Mr.. Whaling on the floor Of
the court.
Captain S. Haley testified that he had
known Mr.. Whaling intimately for fifteen
years, and knew his reputation for peace
and quiet, which was good. Witness
had never known him to quarrel, and
Mr.. Whaling's reputation for sobriety
was good. He had been in Mr.. Whal
ing's Office frequently and knew him and
his habits we'll.
W.D. Gould stated that he had known
Mr.. Whaling good many years and had
an office in the same building. They
generally met each other several times a
day when going out and in the building.
Witness saw him twice on the 14th of
February, once about 10 O'Clock in the
morning and again at p. m. He was
sober each time, and witness knew his
reputation for peace and quiet was good.
In speaking, Mr.. Whaling was apt to be
emphatic, and he was slightly deaf
On cross-examination witness testified
that he had never known Mr.. Whaling g
reputation discussed except since cleo
ton. and he did notremember what was
said then.
Enoch Pepper testified that he had
known Mr.. Whaling for a year. His
reputation for peace and quiet was good,
as also was his reputation for sobriety.
Mr.. Whaling had his peculisrities. which
he had noticed when Mr.. Whaling was
addressing a court. He often became
excited and gesticulated u good deal and
appeared as if he were intoxicated. This
was not so, however, but only the result
j. @. Hannon, a farmer at Savannah,
said that he had known Mr.. Whaling
Ewelve or fifteen years. He met de-
fendant on the 14th of February, about
noon, Just after he said he had returned
from the Spring-street school. Mr..
Whaling was sober then to all appear
ances. On cross-examination witness
said that he knew he had met Mr..
Whaling some time between noon and
8: 80 O'Clock, because he left on the :55
train for Savannah.
Sam Hamilton testified that he had
known Mr.. Whaling twelve or fifteen
years, and had never heard his reputa-
ton for peace and quiet or sobriety ques-
toned. He met defendant on the 14th
of February two or three times. He saw
him between II and l o'clock and at 5
O'Clock. On neither occasion was there
anything to indicate state of intoxica
ton. Witness also stated that Mr.
Whaling had peculiarities; that he was
excitable, and it did not take much to
get him excited. On cross-examination
Mr.. Hamilton said that defendants man
ner on these occasions was such as would
make the children laugh-in fact, it was
apt to make them think he was about to
fight.
P. Tomany stated that he had known
Mr.. Whaling q short time. Defendant
was al his house between and O'Clock
p. m. on February 14th. Mr.. Whaling
was then perfectly sober.
Constable Clement testified that he
saw Mr.. Whaling on the 14th of Febru-
ary, about 2 O'Clock in the afternoon.
He saw nothing about Mr.. Whaling to
indicate that he was drunk. He didn't
pay particular attention to him.
Major Horace Bell testified that he
had known Mr. Whaling for fifteen years
and had never heard his reputation for
peace and quiet questioned. Mr.. Whal-
ing was in the habit of visiting wit
ness's Office two or three times day.
and defendant had called attention tc
the fact that he had seen him between
and 5 O'Clock on the 14th of February Mr.
Whaling was not under the influence Of
liquor then. Witness stated that Mr.
Whaling had tragic way OF expressing
himself.
Colonel @. G. Allen testified that he
had seen Mr.. Whaling in the Times office
at about O'Clock. He didn't think Mr.
Whaling was drunk at the time.
Hon. J. Marion Brooks stated that b,
had known Mr. Whaling eight or ten years
and had never heard his reputation fo
peace and quiet discussed. He knew
Mr.. Whaling had defect in his hearing
which caused him to speak loud. HI
had a nervous temperament, and was
excitable. In speaking he gesticulated I
good deal. The only offensive thins
Mr.. Brooks knew about Mr.. Whaling wat
that he staid on the Board of Education
1t was stipulated that the testimony o
Mr.. Mcfarland should be admitted to bt
the same as that of Colonel Allen.
The defendant then took the stant
and stated that he was member of the
Board of Education. He had gone to the
school because he represented the Eighth
ward and he had promised he would at
tend to the duties of the Office. Having
promised he considered it his duty tC
carry his agreement out, so he went Il
the school for the purpose of keeping al
obligation of honor. Some time before
he had offered prize of $40 to class fo
the best essay. The cffer had included
class in the Sand-street school, which
had withdrawn from the contest HI
then went to the Spring-street schoo
TO make a different arrangement
and as there was new teacher in tn,
room he did not tell her who he was
He was not in the habit of telling teach
ers who he was. He wanted to catch Oh
and see what was going on. After de
failing the occurrences in this room