The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-02-06
THE GUNNY SACK.
Trial of the MCWhirter
Case Resumed.
PIONEER AS AN EXPERT.
A Question of Old and of New
Bullets.
MRS. McWHIRTER RECALLED.
But Neither Side Asked Her a Dues.
tion-The Case to Go On
To-day.
MRS. McWHIRTER RECALLED

When the trial of the suit Of Mamie B.
McWhirter against the Connecticut Mutual
Life Insurance Company to recover
$4,000 Insurance upon the life of her hus-
band was resumed yestered before Judge
Gilbert in the United States Circuit Court
of Appeals, the plain tiff's attorneys argued
the question of admitting in evidence the
verdict OF the Coroner's jury which in
quired into the causes of the death Of l.
Is. McWhirter, and to the introduction of
which the defense objected. After the
argument the court took the matter under
advisement. A recess was then taken un-
til o'clock.
The first witness on the continuance of
the trial in the afternoon was the plaintiff,
Mrs. Mamie B. McWhirter. Mr.. Thomp-
son announced that the plaintiff was
through with the direct examination of
the witness. After a moments cOnsulta-
tiOn Mr.. Budd said: mo cross-examina-
ton" AID Mrs. McWhirter stepped down.
w. IL. McFarlane. a detective in the en-
ploy Of Harry Morse, was sworn. He ex-
amlned the gunny-sack which has disap-
peared. He described the holes, and when
asked If the holes were bullet holes or
not. Judge Gilbert said that the witness
could not tell whether the holes were bull
let holes or not. The witness said he had
had considerable experience with bullets
passing through cloth. He testified to the
size OF the holes in the sack and their ap-
pearance, the edges of the holes in his
opinion showing new cuts. AS to the sew
enth bullet, the witness said he examined
The Dashboard in which it was lodged
The scratch in the board was fresh and
the bullet was new one. The witness
sighted the holes with gun and deter
III . hat D. - ,.1.l1$
from inside the gate or from outside the
fence. CrOss-examined, the witness said
he had been employed by Mrs. McWhirter's
attorneys TO Investigate the matter. He
made no search for bullet on the other
side OF the fence.
A line being drawn through the diagram
of The McWhirter premises as shown
would bring the bullet little over three
feet from the northwest corner of the
chlcken-yard. There were some boxes and
chlcken-coops in the corner. Did not tes-
tlfy at the CorOner's inquest. and did not
testify as to these points at the Heath trial.
Did not know and could not tell the size of
the bullet; never saw it after it was taken
out Ii was difficult 10 describe the differ
ence IN the appearance of bullet recently
fired and one that had been fired some
time. Some cartridges are not fabricated.
The laths in the chicken-yard fence were
about an inch apart. A bullet could have
Epuo dt IlS aUSl6 designated
without striking the Stats. Only examined
the one sack. Did not know how many
other holes than those described were in il.
The sack was bulged out as though some
thing had struck IL from outside. and IL
was in that condition eight days after Me-
Whirter's death. Could not tell anything
about the board the bullet was found in.
On redirect examination witness said he
had seen cartridges from which the paraf-
line had been worn off by handling.
In answer TO questions by Juror Dunn
witness admitted that his examination
Giles in the corner of the yard that the
bullet might have struck, but he made NJ
examination Oh that point.
Miss Emma Southworth, sworn: Lived
next door 10 Mrs. McWhirter. On the
night of McWhirteE's death was awakened
by pistol shot. Heard grOan after the
second shot. Then heard a number of
shots; do not know how many. After shots
heard shuff1ing of feet. Thought the shut
IL ng of feet was at Mrs. McWhirler's
kitchen door. Heard Mrs McWhirter
scream after ali the shots were fired. On
cr0ss-examinatlOn the witness said she
was very much frightened. Heard the
shutting of feet before she saw Mrs. Nc
Whirter. Was sure she did not leave
her room until after all the shooting was
over, and she did not scream until after
the shooting was over. Was as sure of
that as OF anything else she had testified
to. The witness called murder out of the
front window of her house. Did not hear
Rhodes climbing over woodpile nor hear
him sneak 10 Mrs. McWbirter, nor did she
hear Mrs. McWhirter send for a DOCTOR"
Miss Carrie Southwortb, daughter of the
previous witness, sworn, said WAS awak-
ened on the night of McWhirter'S death
by my mother. Heard no pistol shots nor
groans, but heard Mrs. McWhirter
scream" No cross examination.
Archibald Mcdonald was next sworn:
IAN Recorder of MADEIRA County. Be-
fore that | was Justice of the Peace |
have engaged in Indian warfare and anu
familiar with firearms. Crossed the plains
i'll 40. Was in Fresno the day before the
very well. Visited the McWhirter prem
ises." Witness described the holes in the
barley-sack; the sack was widowed; the
outside hole showed no fresh breaks; the
hole on the other side did. Saw the bullet
in the Dashboard of the fence. The scar
on the board looked fresh. The under
side of the bullet showed bright lead"
Shown two bullets said he thought the adj
mitted seventh bullet was the one In the
board. The witness sighted angles as to
the probable direction taken by the bullet.
81 knew what / was there for and /
thought the bullet was fired outside the
gate, but it might have been fired inside
the yard" On crOss-eXamination: "Can-
not tell how big a bullet it was;
think 1t was a 32-caliber bullet; Mr..
Thornton pointed the bullet out to me.
This is the first time | have been witness
in the McWhirter matter"
An adjournment until 10 o'clock this