The morning call., 1893-03-19
THE McWHIRTER CASE.

While TIE McWhrter case is likely, as
they say down in Fresno, to figure in the
catalogue OF celebrated cases, it none the
less appears possible at the present moment
to be an incident in one OF the difficulties"
which are common in the cotton States. All
the parties concerned are Snutherners. Nc
Whittier was S0utherner; Heath. the man
MhO is accused of having killed him, was of
Southern family; the lawyers engaged,
who seem TO be conducting some preliminary
skirmishing on their own accouut-Reel
Terry, W. d. Grady, Crittenden Thornton,
W. w. Fo0te-are all Southerners, which
gives to the case the aspect Of one of those
Southern ''unaleasantnesses" which we ali
used to hear Of in the old days. There was
shrewdnesS as well as wit in Colonel Thorn
toms remark. that ANY man can fight
whenever he wants to-" just so; and if in
the course of the fight somebody gets hurt
he can pay the penalty of his beiligerence.
Two theories respecting the death of
McWhirter have their advocates. One is
that lie committed suicide. On this the
insurance companies refuse to pay the
amount of his policies to his widow. The
othe: is that he was killed by political foes
OF his own Southern household, who had
motive for putting him out of the way. 1t
is difficult to reconcile either theory with
the facts. McWhirter was shot in his own
back yard at about o'clock in the morning.
He had risen from his bed and gone into
the yard to investigate the cause of a noise
which woke him. The hour was sinGularIy
chosen for suicide. That is an act which is
inspired by a sudden burst of despair fol-
lowing a long cogitatiOn of incurable woes.
Men do not get up out af sound sleep to
To hafr 70 no Il In
theory. it must be admitted that the
hour and the Ilace were strangely
chosen for such deed. If Heath
or others had resolved to kill Nc
Whittier it would have been natural for
them TO waylay him as he returned from
the haunts where he spent MS evenings till
midnight or beyond. To select place for
the assassination where they knew that
they would not find him was singular judg-
ment No one ever heard of a murderer
going into a mans back yard. making
noise to rouse him and waiting till he got
up and came down into the yard to shoot
him. If, again, such a plot was laid, why
did the murderers not shoot the memen:
McWhrter appeared? Why did they give
him a chance Of exchanging fire with his
assailants ?
To superficial observer a theory which
differs from both of these appears more
plausible than either. 1t is easy to suppose
that Two or more beiated roisterer-, return
ing home from a debauch at three in tie
morning may have entered the ward for
purposes of their own and without feloniOus
intent. Being drunk, they made a noise; tile
noise woke McWhirter who. fearing bur-
glars. descended into the yard pistol in
hand. Seeing intruders he challenged them,
and, b-ing in an i'll temper as most men are
when they are aroused from sleep, be prob
ably used harsh language. They, being in
the quarrelsOme stage, retorted in k ind.
Pistols werr handy on both sides; they were
used. McWhirter fell and his murderers
fed. 1t will be observed that this theory
does not negative the notion that the homi-
cides may have been acquaintance or even
political foes OF McWhirter. 1t merely as
sumes the absence Of felOnious intent.
Whether the young man Heath was one
of those who entered the yard that night
the trial will determine. He is well known
here. and while his record for sobriety is
bad-he spent a term at the Kelley cure not
long ago-he had never been credited with
vicious propensitles. Drunkenness had LED
him into scrapes, but when sober he was a
kindly, weil-Urincipled young man, as might
be expected in the son and brother of cIti-
zens who have enjoyed general respect.
The trial stands a god chance Of ending
in a failure OF justice. Unless new ev-
deuce Of which the public knows nothing
comes into the hands of the District Attor-
ney, it seems unlikely that he will be able
TO convict auy one. II the deed was done,
as has been suggested, by drunken roisterers,
who had no idea of the oRnershjp of the
yard in which they were tres passing. the
McWhirter murder may join the long list
OF undiscovered crimes.