The morning call., 1893-06-23
THE HEATH TRIAL.
Testimony Against the
Prisoner.
WOULDN'T BE A HAYSEED.
Circumstantial Evidence Which rIay
Mean a Great Deal to the
Accused.
Special to THE MORNING CALI.

FRESNO, June 22-The first witnesses
to-day in the Heath trial were the Misses
Carrie and Emma Southworth, who testi-
fed to hearing shots and Mrs. New
screams, and seeing light in the house
A. B. Ward. who sells dead-shot squirrel
poison, saw Heath in Dobe's saloon about
II o'clock. Heath was greeted with
Hello. Hayseed," and answered, 'T'm a
- - if l will be a hayseed much
longer" Saw Heath on Mariposa street
about sunrise next morning; asked him if
he had heard of the murder; Heath said
he had not, that he had just got up and
that 1t was too bad. He looked pale and a
bit excited. Saw him later in the Bodega
Saloon: got to talking about politics. con-
versation drifted to McWhirter. Heath
said "the - ought to have been
killed" l saw a dark enameled-colored
Colts revolver in Heath's possession three
or four weeks before the murder.
Foote attempted on an affidavit of Heath
to get a tran script to the evidence taken
before the Grand Jury. but the court
denied the motion
On cross examination Ward testified
that he slept in Mrs. Leach's house the
night of the murder and saw no one run
by. He suspected Glenn Carroll becaus @
he and Nc cWhirter had trouble short
time before. He saw w. D. Grady and
others at the Grand Central drugstore cor
ner that morning, but could not fix the
time. Saw Sheriff Hensley and told him
picked few alfalfa fibers from Heath's
coat. Hensey said that amounted to
nothing, as Heath had Just come in from
the country The barn back Of McWhir-
ter's was full of alfalfa and hay.
Thomas Seaward testified that he was a
barkeeper In the Monarch saloon at the
on the night of the murder Heath, Policy
ana an unknown man came into the
saloon together. They followed one
another in. The unknown man was
nearly six feet tall, was heavy set.
would weigh about 200 pounds, sandy CON-
plexion and beard of about ten days
growth. He was about IS years old. Heath
mad package and said it contained two
bottles of beer. The heavy-set man also
had package under his arm that looked
like bundle of clothes. They had drink
and went out. Witness, with Spease aud
Hamilton, and two men who worked on
| the Helm ranch, got into q wagon and
drove out to the ranch. When going down
Tuolumne street, between K aud l., they
saw two men run out of the alley toward
the business quarter Of town. The one
nearest witness looked like Heath. They
we're about twenty-five feet eWay on the
sidewalk. 1t was nearly 4 O'clock when
witness and his companions reached the
saloon. Heath, Policy and an unknown
man came in soon atterward and had a
drink. They were very quiet and had
nothing to say.
On cross-examiDation the witness made
very bad impression. He admitted that
the party stole couple of turkeys, and
when questioned closely as to statements
made by him said he did not remember
he said he never was in jail The men with
him that mig got two turkeys from fence
on the way back. Witness had received a
round-trip ticket to Bakersfield and went
there In connection with this case. He
never told Hamilton there was future in
this case for him. When asked about a
number of alleged conversations, his an
swer was: Il don't remember"
Foote asked if he had been instructed to
make that answer, in order to avoid prose-
cution for perjury. and lie said be had not
He denied that he had said that the Helm
place was surrounded with Usage orange.
and that he would have to lay it on Heath
and Policy to avoid being suspected.
w. f. Cutbirth. special policeman, cor
roborated WEIGH about Heath and the
Chinamau episode. He heard Heath say
to Ike Walton the next morning: az
understand you accuse me of this murde err"
Walton said he had not. Heath then said
any such report was a villainous lie.