Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-19
GIT on BAIL.
Mcyyhorter Held for ManslauShter-
! Newspaper instantaneous.

! Mcyhorter Held for Manslaushter-
| Newspaper Instantaneous.
The examination of Milton McWhorter,
charged with the killing of 7. G. Robin
son. was resumed in the Police Court be-
fore Judge Henry at A. NJ. yesterday.
: The number of spectators was quite few,
the evidence of the first two days having
satisfied the curiosity of all interested in
! the case. McWhorter appeared in better
spirits than on the preceding days, and
| shook hands with several of his friends.
| The first witness examined was John
! Yeargin, Of Fresno county, father-in-law
of defendant He testified to having
| known McWhorter since the time he was
four years old. His reputation for peace and
/ quietness was good. He never knew him
/ to be engaged in a personal encounter.
! McWhorter had been in California thirteen
or fourteen years. During most of that
time he had been in the upper section OF
/ the State He lived four years in MERGED
| and Fresno counties.
| \ NJ Clark, Assemblyman from Fresno
/ county, the next witness, said: am res
| ident of Fresno; my occupation that of real
/ estate agent and searcher of records. Know
| McWhorter. Been acquainted with him
| for seven or eight years. His character for
| peace and quiet is good. He IS peaeeable
and quiet citizen.
| The next witness was Charles A. Jenkins,
| proprietor of the State House, the hotel in
| front of which the shooting took place.
/ He, 100, had been acquainted with Nc
/ Whorter ten or twelve years. First became
acquainted with McWhorter when be was
| stationed as minister of the Methodist
| Church at HicSsville. Afterwards knew
him in Tulare county, and had met him
| frequently of late. His reputation for
| peace and quiet was good. He had never
! heard it questioned.
This closed the testimony for the defense.
| The District Attorney said the prosecution
was willing to rest the case without argu.
ment.
Senator Cross said the defense wished to
read little law and refer to a few Incl
dents in connection with the testimony
The District Attorney, Mr.. Buckley, in
behalf of the prosecution then read the
statute governing such cases, said the EVIL
denCe was conclusive and did not warrant
/ the plea of self-defense. He claimed that
large number of men were present who
would have separated the combatants be-
fore either could have been seriously bat
| tered, and there was no occasion fog the
| use of pistol.
Judge Craddock, for the defense, made
quite an argument upon the law points
! involved.
He was followed by Senator Cross, who
| spoke quite al length. He said there had
| been an earnest desire to elicit all the facts
in the case without bringing in outside
matters OF exciting passion. He said one
| of the first laws of nature was self-protec-
ton. There is disposition on the part Of
every living thing to protect itself. No
| law, no rules Of society could deny a man
| the right to defend himself. In this case,
| he said, the defendant was not only luSti-
| fed, but he was to be commended for hav-
| ing protected himself, from what at least
| seemed to be imminent bodily harm. He
| claimed that the prosecution had not put
upon the stand single eyewitness of the
tragedy, whose testimony did not make q
complete clear-cut case of self-defense. He
then reviewed the murderous threats
Robinson had made against McWhorter to
several different persons, all to the
effect that he intended to beat him,
wipe up the ground with him and
to stamp his - out. McWhorter did
not desire to have his bones broken, his
body used as a street mop, nor have his
entrails kicked out. The Senator said his
relations with deceased were such that they
did not entertain the kindliest feelings
toward each other, but at the same time
they were friendly. However, Robinson is
now dead, and common decency demands
that his name and acts be handled care
fully. There is but one way for a small
weak man to defend himself against a large
and powerful enemy, and that is to arm
himself; and the small man who does not
do this is a coward. Robinson threatened
McWhorter, hunted for him, found him
seized him, struck him, and met his death
AN OPINION on JOURNALISM.
The Senator then commented at some
| length on the action OF the Bee, an evening
paper, claiming that in its reports of the
proceedings it had misrepresented testl-
mony introduced by the defense, particu-
larly that given by Seth Martin. He then
from the Court stenographer's notes, and
read the Bees report of the same, showing
them to be totally different. He would not
charge that this was a fragrant piece OF
business on the part of the Bee, or insinu-
ate that it was on account Of reportorial
incompetencv. He said that it migAt be q
mistake" and in that event the Bee " should
make 4 retrdction." In the same connee
ton he stated that the REcoRD-CN MON anC
EreHiag Star had made full, fair, complete
and impartial reports of the proceedings
He wished to thank those journals and
their reporters for such reports though il
so doing they had simply done their duty
as iirst-class newspapers and Journalists.
At the close Of Senator Cross remark:
Judge Henry rendered his decision, which
was that the defendant be held to answer
to the Superior Court for manslaughter
with bail fixed at $4,000.
The bail was Immediately given, witt
the following sureties: A. NJ. Clark
Fresno, $1,000; John Yeargen, Fresno
5000; Charles a. Jenkins, Sacramento
$1,000 Jas. O'Brien, SmartSyiIle, $4,000.
Mr.. McWhorter went to the State House
for dinner, and left foriis Marvsville home
on the afternoon train, accompanied by hi:
little daughter, who has remained in prison
with her father during the greater portion
of the time he was incarcerated.