The herald., 1897-10-31

lateu Wnen teStl1ylng fOr the prOSecu- |
tion. but the witness was not shaken. |
She testified through an interpreter that
she was bashful and forgot some things
the first day.
CHARACTER WITNESSES
d. j. Lewis, a saloon keeper of Third
and Los Angeles streets, testified that
the reputation of Cantwell was good.
A. c. Brodie, a bookkeeper of 1928
South Olive street, testified that he had
known Cantwell in Williams, Ariz., and
that his reputation there was good.
George Iieley, mechanic, followed
with testimony to the same effect.
Fred Douglass testified that he was
rooming in the Richmond house and
working at the Westminster hotel at
the time of Mollie Phelans death. He
got to his room about 10 o'clock the night
before and heard no noise, except some
loud snoring. Witness said his room
was nearer to room 20 than that of
Agnes Capistrano, who testified that she
heard Mollie Phelan cry out in the
night.
Mrs. Mary Ryan testified that she
had Cantwell and Mollie Phelan for
roomers at 406 South Main at one time.
The witness had finished saying that
the other roomers complained of Mollie
but that Cantwell was quiet enough,
when she was stopped by objections and
excused.
Mrs. Annie Beley of 637 South Spring
street said she had known Mollie Phe-
Ian and knew Cantwell, and that man
she did not know had said in her pres
ence that Molle had taken $40 from him.
He added that he had walked on the
graves of persons who had done him
wrong and he would walk on hers.
HEARD NO NOISE
Byron E. Wells, a cook, said he had
roomed at the Richmond house for two
or three years, and had room 21, next to
the room occupied by Cantwell and Mol
lie Phelan. Witness said the deceased
quarreled with Cantwell nearly every
day, and that Cantwell usually went
away, as though he did not want to hear
it. Had seen the three on the bed about
ten minutes past eleven, the night be-
fore her death, but did not hear any
screams or groans during the night.
Witness said he heard some snoring, and
had often been awakened by noises in
the house on other nights before that.
At OF clock in the evening the three We're
drunk, and looked sleepy, and did not
look as if they could put up much of a
fight. All three of them together, in his
opinion, could not have struck death
blow.
A man called about II o'clock with a
| message for Mollie and then went away,
returning about twenty minutes or half
| an hour later. The man looked in the
door, and then Brendler said to him:
- they are asleep yet" Witness
| had heard Cantwell giving the deceased
boxing lessons, and saw her eyes were
| black about a week before her death. She
| had a handkerchief on her neck then.
| The night before her death one eye was
| black.
William Brendler, proprietor and man.
ager of the Richmond house, who testi-
fed for the prosecution on Friday, was
called by the defense, and told of four
large dents in the walls of room 20, which
had been there since the tragedy.
WANTED TO BOX
John Rivoir said he had known Can't
well four years, and that, in Williams,
Ariz., his reputation was good. Witness
went to get Cantwell to do some work
about May 1st and there was woman
| he did not know in Cantwells S room. She
| bantered Cantwell for sparring set-to
and Cantwell told her he was busy talk
| ing then, and would spar with her when
he was through talking. The woman
struck Cantwell on the neck then with
her fist.
John Johnson, a colored bootblack,
said he roomed in the Richmond house
when Mollie Phelan and Cantwell room
ed there. Mollie sometimes had fits
when she was drunk. Witness said he
took her to her room once after she had
fallen in the hall. At that time she fell
while trying to get into bed, and fell
against an ironbound trunk. Her head
was injured by her fall and she bled pro-
fusely. Witness got a pillowcase and
helped to staunch the blood.
THE DEFENDANTS STORY
The defendant, Cantwell, was the next
and last witness and said his age was "a
years and that Mollie Phelan, at the time
of her DEATH was SO. She had told him
that was her age. On the evening pre-
ceding the death of Molle he heard
noise in room 25 and hurried there just in
time to see a man striking Mollie. He
said she had taken some money from
him. Cantwell said he forced the man
to let her alone. Witness said he had
not struck Mollie on the night preceding
her death or during the morning.
There was apparently no attempt on
Cantwell's part to produce any particu-
lar impression upon the jury ar9 after
the relation of these meager details of
the mysterious hours preceding the
death Of his mistress he was excused.
Mr.. McComas and eX-Judge Phillips
occupied twenty minutes before noon
and about two hours in the afternoon in
arguments and after being charged by
Judge Smith the jury retired to deliber-
ate at 4:2O o'clock in the afternoon.
At half past eight o'clock the jury re-
turned a verdict of manslaughter.
New Suits Filed
There were filed in the county clerks
office yesterday the following new suits:
City of Los Angeles VS.. Merina Buh-