The morning call., 1893-06-20
A TALE OF MURDER
How Lawyer McWhirter
Died.
STORY OF THE ASSASSINATION
The Widows Testimony and That
of Other Witnesses Detailing
His Taking Off.
Special to THE MORNING CALL.

FRESNO, June 19-At the opening of
court to-day Foote continued the cross
examination of Mrs. McWhirter She said
the doorbell had not been changed. Her
husband told her man with dark mus
tache followed him home one night. He
saw him afterward in the courthouse square
during the primary campaign, and saw
man under the window one night. He
went out with pistol and spoke to the
man, who ran away. She had never seen
her husband have a white-handled pistol
Emma Southworth testified that she
lived next door north of the McWhrter
residence. At the time of.the shooting she
was sitting up in bed and saw flash and
heard report. Then second report.
when McWhrter tried to scream. but il
ended In agony. Then she heard another
shot and scuffing and shuffi ing of feet.
Then Mrs. McWhrter screamed "They
have murdered my husband" and MUIR
der" several times. Then she called the
neiehbers by name to come TO her. She
went over and found others there.
Mr.. Foote cross-examined sharply and
asked why the witness had not testified
TO the light burning in the McWhirter
house and cries of murder at the Coroner's
inquest.
The witness answered that the Coroner's
inquest was not q trial and she did not
think it necessary. She saw Mrs. Nc
Whirter in her nightgewn pass the dining
room window after the shots were fired.
Mata Nelson, domestic of the Nc
Wh!rter family at the time of the tragedy,
testified that she was awakened by a noise
and looking out of the window heard two
shots and heard some one moaning. Mrs.
McWhirter ran into the yard and witness
followed, and saw deceased lying on the
ground. She was awakened by the noise
Of some men out in the alley before the
shots were fred
Mr. Johnson asked that the witness
have an Interpreter sworn. Mr.. Foote
having some difficulty in getting the wit
ness to understand him, asked If she liked
Johnson's voice better than his.
She said two flashes, after she went to
the window. seemed to come from the
alley toward the house.
The witness wanted to testify in
Swedish, but Foote would not permit it,
She was positive she heard men in the
alley before the shots were fred. She
swore that she had not been coached :
she heard hammering; heard Mrs Nc
Whirter saw as she went out, Where are
you. papa?" Did not hear her sho out mur-
der. She denied that any one was signal
ing her with q handkerchief or how she
would swear
Thomas Rhodes, gardener, for City Re-
corder Clark. testified that he slept nearly
opposite near the end of the McWhirter
yard where the killing occurred. He got
up at 2;e0 to turn off the windmill. then
went to sleep. He was awakened by shots
and woman screaming. Went out and
asked Mrs. McWhirter what the trouble
was. She said some one had murdered her
husband and asked for Clark. BE heard
some one hollo. Oh" between the first
and second shots.
John S, Eastwood testified that he was
sleeping In the Clark residence and heard
six or seven shots fired, two close together.
He heard Mrs. McWhirter screaming.
Went over and found others there. One
revolver was found near the post out in
the yard, and the other revolver. two clubs
and mask were found near the gum
tree by the fence.
Frank ii. Short testified that he found
after daylight tracks of mans gum-soled
tennis shoes without heels. The tracks
pointed north. After he measur ed them
they were tracked to McWhirter's yard,
where they were lost.