Los Angeles herald. [volume] (Los Angeles [Calif.]) 1890-1893, 1891-10-18
WILL DISAGREE.
Probable Action of the
ShOrb Case Jury.
Conclusion Of the Arguments
In the Celebrated Case.
No Agreement of the Jury at a Late
Hour Last Night.
Colonel Wells Finishes His Argument
The Questions to Be Answered by
the Jury-LOcked Up Last
NIGHT.

At few minutes past IL O'Clock yes
terday the jury in the Field-Shorb case
was instructed by Judge Van Dyke, who
then turned them over to Deputy Sher-
if Mcintyre, who, after taking them out
to lunch, locked up the twelve good men
and true who are sworn to render fair
and impartial verdict, and left them to
wrestle with the mass of evidence they
have listened to during the thirteen
days of this sensational trial.
Col. Wells concluded his argument
about half-past eleven yesterday morn
ing. He spoke in all nearly six hours,
and his address, though long, was not
wearisome and was followed with rapt
attention by large audience. The evil
dence in the case was reviewed at great
length by Col. Wells and the minutest
details of the testimony gone into and
argued upon. The Shorbs were scored
in an unmerciful manner by the colonel.
Doctor Shorb was criticised for allowing
Harris to eat and drink just what he
chose during his illness, and as the old
man suffered from heart trouble the
whiskey, beer and wine fastened his
death beyond any doubt.
Counsel argued that there were seri-
GUS discrepancies in the testimony given
during the trial by DR.. Shorb and the
deposition made by him before Judge
Clark last winter. In the dispositions
Shorb swore that the certificate for $685.
600 was given to him, while during the
trial he swore it was gift to his wife.
This statement was no doubt altered by
advice OF Shorb's attorneys, as gilt to
physician by patient will not hold
good in law.
In reply to the argument advanced by
counse, for the defendants, that the n.y.
pothetical questions propounded to the
expert physicians placed on the witness
stand by plaintiff, and the answers
thereto, did not justify the assumption
that Harris was of unsound mind, Colonel
Wells asked the jury to take each ques-
ton and answer and ask themselves if
the evidence and the facts do not justify
the conclusion that old man Harris was
insane when he made the alleged gifts to
the Shorbs.
Judge Van Dyke occupied nearly half
an hour in delivering his charge to the
jury. Both sides had agreed upon set
Of questions to be submitted to the jury.
The questions were twenty-three in
number and involved that number of
special issues in the case under the folrs
lowing heads: (1.) Were the Shorbs IN
confidential relations with Harris; (2)
whether Harris was of unsound mind
during his last illness; 80 whether or
not the Shorbs importuned or solicited
him to make the gifts.
These questions are to be answered
eyes" or mo" by the jury and formal
ballot will be required to decide upon
each answer.
A number of persons remained in the
court room for several hours after the
Jury went out but nothing was heard
from their room and at 4: 80 Judge Van
Dyke left for home, after calling the
jury out and giving instructions tn at
should verdict be arrived at it was to
be sealed and delivered to the bailiff,
who received orders to hand it to the
court at 10 O'Clock. Monday morning.
At late hour last night verdict had
not been reached and the jury was taken
to hotel for the night. Many persons
who have followed the case from the
beginning predict disagreement.