The morning call., 1892-09-09

pouy iyiuk III tHc ydluJ auus WltuUut
ing. he ran for doctor. Witness was posi-
tive that the cry "Oh. oh. OIL" was just
after the first shot. There was a panse,
then the three other shots followed rapidly,
then brief pause and two more shots. The
witness distinctly counted six reports. He
saw boxes under the window and saw tracks
In the flower bed beside them.
Policeman Welsh was placed next on the
stand. He, in company with Policeman
Babcock, was on Tulsre street, near the
reservation, when he heard the last three
shots. He heard what he supposed were
the first shots. but they were indistinct, and
he was not certain until he heard man
cry "Oh, oh. OH" and then came three
shots. clear aud distinct. The witness ran
toward the noise, and reached the scene
after running nine blocks. The first sounds,
which were indstinct, seemed to be made
by the rapid discharge of firearms behind a
building or somewhere which deadened the
sound. The last three were loud and clear
Witness had found track, which was very
unsatisfactory to the few who are anxious
to establish the suicide theory.
The first witness this evening was Mr.
Guttscheuff, who lives across the street from
McWhirter's. He testified that he heard
six or seven shots fired very rapidly. He
ran over and assisted in the examination
made in the ward with others. and under
the window of McWhirter's dressing room
found two boxes, one on top OF the other.
A person standing on the boxes could look
into Nc cWhrter's window. Under the
boxes were tracks similar to those found in
the alley.
Thomas Rhodes, who lives In small
house just across the alley from where the
shooting occurred, was the next witness.
He was awakened by the shots. He thought
there were from five to eight shots. just
after the first shot he l;eard distinctly cry
of "Oh," as if a man was in distress. He
n nd u ad
over into the alley. He saw no one run
ming. The witness was positive that the
cry was just after the first shot and before
the others.
John d. Morgan. City Marshal. testified
as follows: "On August 20 was in town
and went TO McWhirter's house after the
shooting occurred. Judge Laning brought
the fence boards down 70 my office. l
recognizes them as those he brought. had
the boards in my possession for two or three
days and then James Ward, detective, came
and got them. After that q saw and handax
were given to me by Ward | made an ex-
animation of the scene of the murder but
cannot tell from what direction the bullets
were fired. One Of the bullet holes in the
fence was powder burnt for a space as
large as the palm Of my hand. Mr.. Berry
and myself made an examination Of the
premises yesterday. We went all round,
through all OF the small buildings. We
found recent saw marks and also some saw
dust There was more dust but we didn't
take it all. Where we found the dust
there was also box OF nails and old scraps
of iron. The witness here opened bundle
containing the clothes worn by McWhirter
at the time of bis death. They were exam
ined by counsel"
John NJ. Hensley, Sheriff of Fresno
County, testified: II was at McWhirter's
house about o'clock on the morning follow
ing the murder / also made an examina-
ton OF the scene. l picked up a piece of
clotllcslino oil a line with the Office and the
the pathway. | found it about noon on
Tuesday. l next went in the afternoon"
The District Attorney then showed knotted
piece Of rope OF the same material as the
clothesline, and witness stated that he had
found it in the woodshed on the premises
OF the deceased. along with saw and some
nails. he had them in his possession. II
found them in small box in McWhirter's
woodshed, near where | found the saw. /
got the saw near where | got the nails.
The teeth had some dust in them. | found
no other saw on the premises. | found
three bullet-hoes in the fence and two in
the closet. l looked for others. but found
none.
James L. Ward, deputy constable, testi-
fed: 1t was between and o'clock on
the morning of McWhirter's death when
reached the premises | made an inspection
or the range OF the buliet-h0leS. The first
hole in the fence aud rear of the closet indi-
Gated that the shots were fired from about
the same point. Concerning the other
holes the witness said they were made from
a range that could be secured from a point
near the clothesline post. following which
the witness was shown the lime-stained
hammer. | had occasion to use the hammer
on a subsequent visit to the scene. The
servant girl told me there was a hammer in
the cellar. could not fiud IL and she helped
me hunt 1t up. We found it lying on the
floor OF the cellar This was the third day
after the shooting. / found no other ham,
mer on the premises. In little shed |
found a hatchet and l found another
Ratchet sticking in the wall of the shed.
The hatchet had an octagon head. while the
marks on the boards were made by a round
head hammer. ! think / made thorough
good search of the premises, as l was there
In entire good faith.
AT the conclusion of Wards testimony
the inquest was adjourned until 10 o'clock
Saturday morning.