The morning call., 1893-07-08
in HEATH'S FAVOR.
Undermining Testimony for the
Prosecution.
The Shot Through the Fence Was
d-ContradiCting the Evil
dence of Peck.
Special to The MORNING CALL

FRESNO, July I'm the Heath trial to-
day ex-Supervisor T. G.. White testified
that Heath's and McWhirter's relations
were friendly during the campaign.
George H. Bernhard. member of the
Coroner's jury, described the finding OF
the sack with bullet-hole through il on
the chicken-yard fence. The Coroner's
jury drew a tape line through the hole in
the sack to the board in. which the bullet
had been found imbedded, and found that
the bullet could not have passed through
the sack and entered the board at that
point; what looked like pig pen was in
the way.
The bullet was an old one, in the opin-
ion of the witness. and had two little
marks across it, as if scratched by pin or
knife. There were about half dozen
other bullet holes in the fence near the
sack The hole on the inside of the fence
was quite large. as if pecked into by chick
ems. The hole on the outside was about
as large as a 20-cent piece.
William Dawson. liQuor-dealer resid-
ing on the west corner Of l. and CalaveTas
streets, about 100 feet from the McWhirter
residence, heard six shots and put on his
pants and coat and went to McWhlrter's
yard. There he found the body lying on
the ground, woman leaning over it AID
man standing at the head Of the PROSTATE
person. The witness went to Dr.. Longs
house and afterward to DR.. Pedlar'S house.
He went by two shantleS opposite Mrs.
Leach's house, and be was running. His
clothes were of dark material. After the
first shot he heard mans voice crying.
''Oh! oh!' and after the third shot heard
a woman scream, and after the last shot
he heard woman crying, "Mr. Davis!
Mr.. Davis!"
Witnesses wife said to him, my God!
that is Mrs. McWhirter's voice."
In his hurry he could OF find the front
gate of the McWhirter residence and
jumped the fence and went around to the
pack yard. II was dark night, there
being no moon, but he could not remem Der
whether there were any stars shining or
not When going across the lot in front
of Mrs. Leach's house he was running
very fast and had his hat in his right
hand.
P. Monaghan, liquor-dealer, testified
that from o'clock to midnight before the
murder Heath was not III the saloon.
Witness never took the Chronicle and
there was none in his place. This evil
dence was produced, contradicting that Of
Deputy Sheriff Peck, WI Ao~,ore that while
he was reading the Cnroncle in Mona
ghan's saloon the NJ" preceding the MUIR
der heath came in and had a drink. and
had the butt of black-handled pistol
sticking out of his right-hand hip pocket
Peck was in the habit Of visiting witness
saloon.
Marion Childers testified tn at he had
been employed by Lee Blasingame on this
case on February Is. In April he went to
Texas and brought back Sidney Jones.
That was while he was still in the EN- ploy
of Mr. Blasingame.
Mr.. F0ote offered to prove that Marion
Childers was in the employ of Mr.. Blasin-
game, and that on the way up from Texas
Mr.. Childers tried TO induce Jones to con-
TESS that he was John Doe in the McWhir-
ter case, and said that II Jones woula Go
so the prosecution would dismiss tbs charge
against him. The court required that eyi-
dence offered be made In writing and not
in the hearing of the july.
T. j.. Reel testified that when the Coro-
ner's jury examined the eunnysack on the
fence Of Men hirter's yard he poked his
walking SEX through the supposed bull
let-hGle IN the gunaysack. A metal tape
lige was drawn through the sack TO the
board n which the bullet was found i'm
! bedde
Spi ters around the imbedded bullet
showed The marks Of age and had fly
specks ca them. from which appearance
the witness judged the bullet TO have been
fred long time before. Witness awoke
some time before the shooting and heard
| SIX shots; also heard a man grGanng after
| the first three shots and heard a wOman's
screams about the time the shooting
Fred ". Prolley. co-1efendant with
| Heath, as called to the stand. Said he
was native of Canada. Is years old; had
been IN resno five years: had been work.
/ ing on inches. Worked for Tom Brown
in The ssno Colony in vineyard. Brown
IS his az Gle. After that he worked for a
Humphrey. He became acquainted with
Heath tyo years ago in Moss vineyard,
| where me defendant was reamiDg, and
| Were hsath was overseeing a gang of
Cbinamen. He left that place two years
ago this coming fall. and that was the last
time he ever worked on the same place
win Heath. He was often Ia the Monarch
saloon Could not say whether he was
| there tonight or not. Did not know
NEW nirser nor where he lived. Was not
Win heath at any persons house that
| night The Usage orange clubs being
shown him, he said he never had them in
his possession. or had been with any per-
| sons who had; never carried pistol in his
life. The court adjourned before Policy
was cross-eXamined.
Though pure and simple, and so mild