The morning call., 1894-03-16
SAID McWHIRTER SUICIDED.
His Peculiar Action When
Accused of the Crime.
SEEN OFTEN DURING THE NIGHT
Along With Policy and Stranger He
Paid Several Visits to the
Monarch Saloon.


mOny OF Importance and very damaging to
the defendant was ELECTED to-day at the
Heath trial. S. S. Culver was the first
witness put on the stand this morning and
his testimony did not vary from that given
by him at the first trial. he said he was
real-estate dealer In this city al the time
of the murder of McWhirter. and stated
that he knew Heath tolerably well, and on
the evening OF Monday, August %, 1892.
! the day on which McWhirter was killed,
| he had conversation with Heath. Heath
remarked: THE -- deserved to be
killed, or ought to have been killed long
! ago."
Il remarked" continued the witness,
"that / believed there was one not far
away who could tell about the murder.
| Immediately Heath drew a pistol and
thrust it into my face and demanded that
1 retract what l had said and say nothing
more about it. and Heath cautioned me to
say nothing more about it. and told me that
! il anything happened to him / should suf-
/ fer for it,"
On cross examination Culver acknow-
lodged that he had written down the incl
dent at the time OF the occurrence for
! future use. Attorney FOOte asked that
the testimony OF Culver before the Grand
Jury be delivered TO the defense. The
court granted the motion, though the
| prosecution oppOsedit.
DR.. F. NJ. Sponogle. the next witness,
testified that Heath had met him on the
street and had told the witness that some
people were talking Of lynching him for
the murder of McWhirter. Heath asked
the doctor if he would let them do 1t.
Heath was somewhat intoxicated at the
time.
A. j. Hudson, an insurance agent, also
said that Heath had told m that he was
accused of McWhirter's murder.
Thomas Price. the well-known assayist
and chemist OF San Francisco. gave some
very important testimony.
"How much experience have you had IN
chemistry ?" was the first question asked
him.
About forty yesrs,"the professor re-
piled. II studied in Swansea and took
two courses in London"
"Have you ever examined blood stains
and powder stains?"
"Yes, frequently. and 1 have often been
called upon to give expert testimony as TO
the kind of blood found on clothing and
utensils"
Have you examined the clothing of
New hirter ?"
Yes
Have you had experienc e as to powder
burns and the distance at which the vari-
Gus guns will leave powder burns and
marks"
Yes, sir. have made that a special
study"
Take McWhirter's undershirt. Are
there any powder marks or burns on the
shirt round the bullet-hole?"
There are no powder stains, no burns at
| all, no smuggling. Stains are made by blood
only"
Now. take the nightshirt and tell about
| it,
There is no trace of powder at all.
! Nothing is visible but bloodstains, the
! broken fibers of the cloth are not colored
! by powder"
About how far away do You say the
| pistol, foIty-one Colts, was held when
| 1t was fired when it made that hole in the
clothes?"
1T was not less than from eight to twelve
feet. depending upon the size Of the grains
of powder"
y. h. Baker, a newspaper man and an
editorial writer on paper here at the time
of McWhirter's murder, testified to having
lived in McWhirter's house here for sew
eral mouths In the summer of 1892 while
McWhirter and his wife were in the noun
tains. lie was early upon the ground after
| the murder and saw traces of the struggle
that had taken place. Marks in the sand
showed where two or three pairs OF feet
had been shutting on the ground in front
of The closet.
James Kerwin worked at Henry's
stables at the time of the murder. Heath
came TO the stable on the Sunday before
the murder with hay. He did not remem-
Der seeing him there after 10 O'Clock, as
testified by the other witness. However.
be was asleep and it had happened before
that people came into the stable at night
without his having heard them.
George w. Fuller testified that he was
foreman Of the Coroners jury that in
| quired into the cause of McWhirter's
death. After the jury was dismissed the
same evening Heath came up to Fuller
and said, THAT was a - of verdict
you fellows brought in. The ---
killed himself"
We were together all night" continued
the witness. Il was waiting for a train
and stayed at the hotel with Heath. In
the course of the nigbt.he said. That jury
will beg for bread on the streets of
Fresno and also spoke very clsrespect-
fully of j. L. Baker. Then he asked if
thought that Policy would 60 back on a
man, and added, He don't know anything
about this, anyhow"
Attorney Upper in the course of the
cross-exaniralion brought ont the fac;
that Heath had accused j. E. Baker of
killing McWhirter, and then said that
| G. G.. Gnnc her NJ L Iannhs Nam.,,..