The morning call., 1893-07-01
Chapter of Denials From
StilWelI.
TOO DARK TO DISTINGUISH.
Important Testimony as to the
Weather the Night of the Murder
OF McWhirter.
speeiai to THE MORNING CALL.

FRESNO. June 30-The cross-examina
ton of @. J. Stilwell was continued IN TN
Heath trial this morning. He did no
know who wrote the decoy letter ne seh
TO Heath. Witness took the warrant 10
Hea.h's arrest and gave It to Harry Morse
He wanted the arrest made quietly SO ina
he conld report 1t exclusively IN the pape
with which he was connected. He awaited
the officers on the Oakland side and cam
up to Fresno with Heath.
He had asked William Milburn IL h
was with DR.. Watson on the night Of tn
murder. he had not tried to make Sidne.
Jones change his story to suit this case
He did not know nat Marian Childers hat
offered Jones, on his way back from Texas
money to swear that he was present VIII
Heath and Policy when McWhlrfel
was murdered. He did not cause the
recent arrest of Jones for the murder %
Willard Good for the purpose of destroy
Ing jones' evidence in this case.
Witness claimed that Policy went 10 me
jail at the invitation of Sheriff Scott. he
did not have him arrested. He o!u not
carry flask of whisky into tie jail to
Policy. He had asked Policy 70 "rite
He explained that the 500 given TO
Coolidge was to paw him for locating Flick
and finding out what he knew OF the case
He thsn explained MS several aliases and
why he used them. o
Colonel S. S. Wright, being recalled.
stated that ne was positive that he heard
eight shots the night of the murder. He
went over to the scene with General
Muller. They met man on the way, but
the witness could not tell whether the
stranger had beard. 1t was too dark. he
explained. He did not believe it possible
to leeognize a persen's features that night
distance Of ten feet.
This initiates against Dr. Watson's evil
dence. Wis testified that he recognized
Heath as he drove by, within fifteen or
twenty feet # him.
James i. Ward testified that he was
with Detective Berry when Heath made
the written statement at Falrview vine
yard. 1t was identified by him and read
in evidence. Heath at that time told them
that he had been drinking the night before
the murder and was not sure Of the time
he went TO bed. He said he wanted that
point added to his statement.
Alfred Grsenebaum, being recalled, de-
MED that be had made any statement
about suicide in the presence of John
Meares and W. j. Pickett. He said he
never made any such statement.
John w. Gordon, a carpenter, testified
that Heath engaged him to work on the
Curtis ranch August 26. On the day of
the murder Heath came to the ranch be-
tween and 3 O'clock in the afternoon.
AS they were at supper, and before
Heath had eaten anything. Gordon said 10
Heath: "They had a murder in town last
night" Heath said ~ es," and turned his
back on the table and sat in that position
for perhaps minute and half. Then he
turned around, facing the table again, and
was leaning over with his face bent near
his plate. Harry Coolidge asked Heath il
he was sick, and Heath replied that be
was not.
Heath chen Strengthened up from the
position be vas in, and took piece OF
biscuit. He took bite or two out of it,
and left the room. Heath did not say a
word in reference to the killing, and did
not even ask no had been killed.
On cross-exa min alton witness was re-
quired to illustrate how long he thought a
minute and half was, and his illustration
covered q period Of nine seconds.
Gordon's testimony is said to conflict
with that of Culver in that it places Heath
at Fsirview vineyard. about fifteen miles
away, at the time Culver testified Heath
thrust a iistol ia his face and made him
take back the statement that McWhirter
was murdered by parties in Fresno.
Mrs. Matte (. Leach, being recalled,
stated that she had made no written state
ments to Stilwell or L. T. Williams.
DIR. Z. M. Sp0nogle had a conversation
with Heath week after the murder
Heath said some parsons talked of lynch
ing him for killing New irter. Witness
told him he had not heard of it.
Here the prosecution announced that
they had closed their case, and the court
adjourned until $3.50 tomorrow morning.
at which time the opening statement will
be made.
The general impression is something
akin TO disappointment, the prosecution
not having made ont as strong a case as
fla pnhifc had hpeo iei tn eyDect