The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-06-29
CALLED A LIAR.
Dramatic Episode in the
Heath Trial.
REACHED FOR THEIR GUNS.
For Moment It Looked as Though
There Was Going to Be
Tragedy in Court.
Special to THE MORNING CALL.

FRESNO. June 29.-The days sensation
in the trial of Richard S. Heath. charged
with the murder of McWhirter, came at
o'clock. Stilwell was being cross-exam-
med by W. W. Foote. who was asking
what moneys the Blasingames had paid
him as detective. NJ. VI. Foo;e called At
torney Foote'S attention to Lee Blasn-
game. claiming that he was nodding to the
witness to coach him.
Lloyd Moultrie corroborated him.
Blasingame told NJ. NJ. Foote tina; he lied,
when the latter started for him. He was
stopped. however, by officers and Attorney
Foote. Some of the parties nade show
of drawing pistols when Attorney Walser
asked that all parties be Gsarmed. After
some wrangling Blasingame was fined and
all parties ordered to appear in court here
after gunless. The excitement during the
episode was intense.
Harry Upton testified that he was in
Scotrs saloon about o'clock on the morn
ing of the murder. when Heath came in
and asked Noble Pickel whether certain
person had been there.
a. Warnekros, gunsmith, testified that
be sold McWhirter a pistol in May, 1891,
and identified McWhirter's pistol.
J. E. Baker testified 10 visiting McWhir-
ter the evening before the murder. and
the scene of the murder an hour after the
commission of the crime. He saw evil
dences of struggle. He was not cross
examined.
q w. p. Thompson. associate counsel for
the people. was at McWhirter's the after
noon before the shooting. He then OBJ
served the fence on the alley. No boards
had been removed. He described the
bullet in the chicken yard fence.
Henry d. Bigelow testified that he saw
Heath in December in San Francisco.
Heath said McWhirter had been MUIR
dered; that If the case were investigated
carefully it would be found that McWhir-
ter had been killed by young business
man of Fresno. heath said that the young
man had discovered some months after his
marriage that his wife was about to have
child very prematurely, and by threats
of exposure she had been induced 10 confess
that McWhirter was the cause of her con-
dition, and that her husband had for that
reason killed McWhirter.
! Heath said he would give Stilwell letters
of introduction to persons in Fresno cog
infant of the facts. He stated also that on
a certain night the said young man and
McWhirter had been seen passing down
the road near the house of a man named
Morrow; that Morrow and his wife were
sitting on their porch overlooking the road
just after dark, and that they saw and
recognized. by the light of the street
/ lamps, the young man and McWhirter
wrangling and going down the street TO-
gether.
~ h ms Jhfn
knew more about it. Heath gave a letter
| of Introduction TO Parsons and others at
Fresno, and said it would be nice story
to write up. Bigeow introduced Heath to
Stilwell at that time. Heath said he was
friend of McWhirter, and was sorry for
his death.
Charles J. Stilwell testified to an inter-
view with Heath in the presence of Bige-
! low at San Francisco, and corroborated
Bigelow's evidence. Heath gave him let
tiers of introduction to NJ. NJ. Parsons and
jesse Morrow at Fresno. He was detailed
to go to Fresno and investigate the story.
81 asked Heath" he continued. "if he
was in Fresno at the time of the murder
| He said he was. had another interview
with Heath in San Fran cisco and told him
| that the story was not true"
| w ltueSS came 10 FRESNO Win Heath
when the prisoner was arrested by Me-
| Farland. Heath then said that on the
night before the murder be took room at
the Grand Central Hotel about 10 o'clock
| and went 10 bed and got up between and
s the next morning.
The witness testified to his employment
! by the B!asingames at different times. He
said he pever told Spease and Seward that
they would be well paid for their testimony,
and denied the statements made in their
affidavits and in their evidence.
He had sent a decoy letter to Policy
with Heath's name signed to it. The
letter was concocted by others. Tire pur-
pose of this letter was discussed at length
Policy admitted to witness that Heath was
with him at l o'clock oD the night of the
murder. Witness told Heath of this on
the way down to Fresno, and Heath said,
81 remember that now''
The cross-examination of the witness
had not been concluded when the court
adjourned.