The morning call., 1893-06-28
BLACK FOR HEATH
Seen ON the Night of the
Murder.
HE WAS NEAR McWHIRTER'S
The Hour Was Very Late and He
Was in the Company of An
other Man.
Special to THE MORNING CALL.

FRESNO, June 27.-In the Heath trial
to-day DR.. c. p. Watson, formerly OF
Sanger. bat now of Arizona, was the first
witness. He testified that he first saw
Heath at Sanger two or three weeks before
the murder. At 2 o'clock on the morning
OF the murder he saw Heath in the middle
of the block on Stanislaus street. The
doctor accosted him with hello" but
Heath did not respond.
The cross-examination took up about
four hours. ana was conducted by Eugene
Deuprey. Watson had attended the Eclec-
tic Medical College during two lecture
courses of one year in 1869 and 1870.
Deuprey asked il that school did not sell
diplomas to persons not attending the
college. Ruled out by The court. Asked
to name the teachers in he college the wit
ness said he could not name them without
his diploma, which was in Los Angeles.
He finally named DR.. Clark and DR..
Buchanan. The latter gave him his di-
ploma in the college building in Philadel-
phia.
The witness said he was born in Catta-
raugus County, New York, in 1874. He
knew Stephen w. de Lacy in San Jose.
The court ruled out the question as to wit
ucoS UeluR SUOl ny LIE lIHCy. DeupToy
stated that he intended to prove that the
witness was malpractitioner and assisted
and harbored such characters as Troy,
Dye. Tom Lawton and other criminal
characters, to which Grove johnson OBJ
jected. The court allowed the question
and Watson said that all the connection he
had with Tom Lawton was in his profess
sional character. He had told Detective
Morse all he knew of LawtoG.
Witness saw Heath in Sanger walking
alone. He asked some one who he was,
but did not speak to him. He saw Heath
few days after the murder. lie then had
his mustache shaved off. Deuprey asked
if that was after the death of McWhirter.
The witness said mo. sir, after the
murder of McWhirter." When he saw
Heath near McWhirtsr's alley there was
man he did not know with him. Heath
was about three feet in advance. No one
was with witness at the time. When
asked if 1t was a beautiful moonlight night
he declined to answer. He said he had re-
ceived letter from man about week
before who wanted him TO visit a patient
near Fresno. He met him about o'clock
at the courthouse square and left the pa
TENTS house about A. NJ Witness
declined to tell who the patlent was or
where he went. Asked whether the pa
tient lived. be said, The patient lived,
but it died"
Deuprey-The patient lived and it died.
Didn't you say IL died?
Wtness-What died?
Deuprey and johnson had tilt over this
part of the examination.
Tie court held that where the doctor
went or who the patient was were priv
LEGGED communications and could not be
inquired into.
The question as to whether his house
had not been burned three or four times.
when heavily insured, was ruled out and
the court ordered counsel not to repeat
such questions.
Ii. p Parker testified that he had talk
with Heath last March at College Park,
Santa Clara County. After accosting him
they had some talk and Heath asked,
"Who killed McWhirter?" Cross-exam-
ned the witness said he had kept bar at
Greenebaum's, In Fresno. When Heath
and he met, Heath's question struck him
as though some one had asked WHO
killed Billy PntteIson?" Heath said he
had been to the Keely Institute at Los
Gatos.
The court adjourned to Wednesday
morning, when Henry Bigelow is expected
to be the first witness