The morning call., 1894-01-27

Johnson. who was the leading counsel
against Richard Heath on his trial for
McWhirter's murder.
The proceedings yesterday were enlivened
twice, once when Crittenden Thornton. in cross
examining Leo Winchell. stood near the
Judges bench with piece OF the clotheslIne
from McWhiTter's yard in his hand, about
Whlch he was asking questions. Thornton
snapped the clothesliUe once or twice as one
would whiDlash. Attorney Budd Jumped to
bis feet and asked the court TO instruct Mr.
Thornton TO cease switching the rope around
and IN that manner frayIng out the ends where
IL had been cut. Thornton said lie was not
aware that he had been switching the rope
ana the matter dropped. An instant later he
was again switching II, whereupon Budd
jumped 10 his feet and again called the atteD-
ton OF the court to the matter, adding. 1.-THE
seventh Dullet has been handled until all marks
oil age have been worn of and IT'S as bright as
a mirror. Now they are switching the rope"
your rope Is wholly unnecessary TO me-"
Thornton retOrted, laying II down.
II hInk so too" Budd replied, and after the
lawyers had gared al each other second the
examination proce ded. The next incident
was when DR.. Cooper, Fresno dentist, took
The stand ana was asked concerning a CONVEX
sation between himself and Lee Blasingame,
Drother OF Mrs. McWhirfer. relative To what
had been told BlaSingame by McWhlrter be-
lore his death. Thornton was on his feet in an
instant with an objection. which the court sus-
tanned. The defense at once excused DIR.
Cooper and put BlasIngame on the stand, and
ne was asked If he said TO DIR. Cooper on TIL
day McWhirter was killed: "Poor Mac, poor
mac. Ii was only last Friday that he tolu me
II anything happened TO him 10 take care OF his
boy" The witness kept looking at Judge Gil
pert, ana Campbell asked him 10 turn around
ana lace the jury. Blasingame did so and then
uenled having made any such statement as
above given 10 DIR. Cooper. lie was excused
and DR.. Cooper recalled, who. when asked
ABOUT the statement, swore positively that
Biaslngame had made IL TO him at the time and
place mentioned
OF the other witnesses that testified the points
ID lheir evidence not heretofore published were
80 follows: Mrs. j. A. Lane, formerly neigh
DOT OF Mrs. McWhirter, swore that Mrs. Me-
Wnlrter told her about receiving the letter
AFTER ner husbands death written by him, and
nau asked her (hlrs. Lance TO say nothing about
IT.. She told her husband.
Mrs. l.. X. Williams and Mrs. Alice Linforth
bOtb testified as 10 Mrs. McWhiTter's state
ments concerning the strange actions OF her
husband The night before his death. he seemed
10 nave presentiment of death.
Leo Winehel eStifed that the three bullet
noles found In the fence and outbuidng In the
yard showed that the shots had been fred by
one person, the one through the fence being
nred so close that the board In the fence was
htted exactly with the freshly cut end OF a
cloIheslne In McWhrters yard, IL was In
the representation OF this witness that Budd
ana thornton had the wrangle over switching
the rope
A. }. Lane was the last witness before recess,
and he substanlIated the oft-told story OF Nc
Nhlrter telling that his life had been threat
eneu The first witness in the afternoon was
Dr. COOPER. and as mas been stated he and
blaslngame differ positively on the one material
point I'D MS testimony mentioned.
John ID. Morgan. Marshal of Fresno. Robert
IL. RAIDER. William Dawson and A. e.. Farley
all testified as to the streets, etc. Thornton
caught Dawson up sharply on contradictions
DetWeen the testimony given by the witnrss De-
lore tne Coroner aud before the court vester-
aay, and gave him very bad quarter oil an
HOur trying TO reconcile matters.