The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-07-04
OFFERED IN REBUTTAL
Some Testimony Favorable to
Heath.
A Barkeeper Who Did Not See the
Accused and Policy in the
Monarch Saloon.
Special to THE MORNING CALL.

FRESNO, July Sin the trial of Richard
S. Heath, charged with the murder of NC
Whlrter. Joe Tojanari was the first wit
ness called by the defense to-day. He
testified that on the day of the murder he
opened the Monarch Saloon little before
o'clock and found the place empty. He
did not see Heath in there that morning.
Did not see Seward there till about half
past 10 o'clock. DID not recollect seeing
Spease or Hamilton there that day.
His evidence was introduced for the
purpose Of contradictng the testimony
given by SDease, Seward and DAILY to
the effect that they were in the saloon on
the morning before Tojanari arrived, and
that while Tojana,i was behind the bar
getting drink Heath. Policy and an I'M
known man entered the saloon.
Fred Policy, who stands indicted for the
same crime as Heath, was brought in and
Tojanari swore he had not seen him in the
saloon on August 90. On cross-examina-
tion he testified that he was born in
Florence, Italy. and johnson mixed him
up on dates and occurrences. He re-
membered the turkeys in the saloon and
Packard then told him Of the murder.
Ex-Sheriff John NJ. Hensley testified
that he was at home. heard six shots in
groups of three. heard screaming about the
last shot, dressed and went down on Mari
posa street. near the Monarch saloon, and
saw light wagon drive up with three men.
one OF whom was asleep. Seaward and
Spease were two of them. He saw turkeys
in the wagon. They went in the saloon
and remained there while, Saw moth
ing of Heath and Policy.
Witness denied that Seward told him
there was big money in the case for Sea-
ward, and Seaward had a clew that was
valuable. Seaward did not tell the wit
ness in that conversation that Heath and
Policy had been in the saloon on the
morning of the murder. Witness left
word at the Monarch saloon for Seaward
to call at his Office August 30. and Seward
did so. he informed him that as he (Sea-
ward had been out with some companions
on the morning of the murder he might be
able to give some information concerning
it.
Il asked him If he had seen any one on
the road going ont, and he said he had not.
l asked if he had met any one going out or
coming in and he said that he had not"
On cross-examinatiop the witness was
asked why he had not divuged to the
District Attorney and Grand Jury all the
clues he had? He said he had not been
asked.
He was asked if he did not expect to
hear of the shooting that night, and ex-
pected to hear of it somewhere else. so did
not 20 to McWhirter's. He denied such
was the case. He had asked Policeman
Grady what the shooting was about, and
Grady said he did not know.
had not gone to the Grand Central Hotel
and woke up Sherwood or Berry to find
out where Dick Heath was. Went up to
the McWhirter premises about 8 o'clock
next day. Went out with Ward to the
ranch; depended ON Detective Berry to
take the statement. He denied that he
had taken any interest in the defense.
On redirect examination the witness said
he had told District Attorney Upper and
Deputy District Attorney Welsh what he
knew about the case. At that time George
Contant. alias SOntag. was in Fresno jail
and witness expected trouble. That was
why he went to the jail when he heard the
shots. 1t was his understanding that
policemen were patrollng the different
portions of the city at the time. He had
not refused to let Detective Mcfarland
and Lee Blasingame see the pistols.
Mrs. M. B. Curtis evidence was intro
duced to refute Culver's statement that the
evening aftsr the murder heath thrust
pistol in his face, threatening TO shnot him
for saying he could lay his hand on Nc
Wirther's murderers. She swore that he
came to the ranch sixteen miles away at
Pm.
Went to Sanger, four miles. on an GRAND