The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-03-15
BAD FOR THE DEFENDANT.
He Talked of Having a Chinaman
Murder McWhirter.
j. @. wOFFoRD ON THE STAND.
Strange Action of Heath After the
Murder Described by Several
Witnesses.

FRESNO, March Al. G. Wofford, for
long time special policeman in this city.
was the first witness in the Heath case
to-day and gave some very damaging tes-
timony against the defendant. He said
he had known Heath about four years,
and at the time of the death Of McWhirter
witness was watc Gilman in Courthouse
park.
Before that. about the time Of the Demo-
cratic primaries. witness met Heath near
the Fisk block. and Heath invited him to
go with him to get some tamales. and as
they walked along Heath remarked that
McWhirter was trying to break up the
Democratic party, be having got up diff
ferent set Of delegates from those nomi-
mated at the primaries, and Heath added:
ANY who will try to break up a
party because he can't rule il ought to be
killed."
II remarked to him." stated the wit
ness. THAT / thought he and McWhlrter
were good friends. He answered they al
ways had been friends
did you have any other CONVEX sation
with Heath ?" was asked.
Yes" replied Wofford, 81 saw him Just
after he and Baker had their fight, and on
that occasion Heath said he believe Baker
and McWhirIer were both in the same
business, trying to break up the Demo-
cratic party, and Heath said that any
man who would do such thing ought to
be killed. Heath said that he could hire
Chinese highlander to do the job for
$50
Between II and 1 o'clock on the night
of the MURDER" Wofford stated, II saw
Heath. was watchman 10 the park, and
after II O'Clock left the park and walked
down the street. On the corner OF the
Fresno Loan and Savings Bank met
Heath in Company with Chinaman, who
was dressed in citizens clothes. They were
going east on Mariposa street. Again, a
few days after the murder, l was sitting
on bench in the courthouse park when
Heath came up and sat down. l made a
remark that ha had shaved his beard off
and that it had not improved his looks.
He replied that he did not know about
that, but he knew detectives had been fol-
lowing him and were watching him on sus-
picion that he was the murderer of Nc
Whirter.
"He asked me if / had heard anything
about il. / told him l had not. Heath
tuCH oAlu bbOy nCfOA nOuld nGH6 lln
After the arrest of Heath / saw him in
all. He put bis hands through the bars
and we shook hands. He then asked me
if l was trying TO dig up evidence against
him and remarked that he had been drink
ing about that time aud bad been talking
TOO much"
knew of the case to w. II. Mckenzie,
g no i
Bank. and asked Mckenzie TO keep it
secret.
John Richter, the next witness, was In
Fresno on tue morning of the murder and
saw Heath at the Grand Central Hotel, be-
tween and 9 o'clock. Heath told him he
was accused of killing McWhirter.
Ike Walton saw Heath between 9 and 10
o'clock the same morning and Heath
called him to one side and said he was ac-
cused of McWhirter's murder. Mr.. Wal
ton told him to go soak his head and go to
bed.
Crittenden Thornton, a San Francisco
lawyer, detailed the search made by him on
the McWhirter premises and how he found
the seventh bullet imbedded in the base
board of the north fence.
C. G. Bartges was a barber in Fresno at
the time of the McWhrter murder, and
about four or FIVE days after the tragedy
he shaved Heath. just before Heath left
the shop he said: "These think
killed McWhirter. What do you think Pr
Heath then remarked that his shave
changed his appearance.
j. G. Wofford was recalled here and his
testimony gwen at the time IF the i'm
paneling If the jury for the first trial of
Heath was read to him by Attorney Foote.
The purpose was to show that Wofford,
who had been summoned as talesman,
withheld his knowledge Of the case in
order to get on the jury.
j. w. Crow testified he knew Heath
and saw him the Monday night after the
murder in Fresno. Heath said to witness
1.-The - " are accusing me of
murder" The witness told Heath he was
monet too good.
Court here adjourned till tomorrow
/