The morning call., 1894-02-01
BUDD WAS SICK.
Why the McWhirter Trial
Stopped.
The Testimony That Was Offered
to the Jury Yesterday-Points
Reserved by the Court.

The Illness OF James H. Budd OF counsel for
the defense In the case OF Mrs. L. B. McWbir.
ter against the Connecticut Mutual Life Insur.
ance Company, on trial before jury in Judge
Gllberts court, caused an unexpected adjourn.
ment yesterday afternoon.
MIR. Budd was suffering from rheumatism and
at one time the pain was such that he moved
for an adjournment. Counsel on the other side
consented and an adjournment was ordered.
The first witness examined yesterday was T.
l.. Reel who testified that be examined the
gunnysack on the fence. No one could tell
whether the holes In IL were bullet-holes or not.
Sighted through the sack TO the point where the
seventh bullet was in the Dashboard. he bui-
let could not have gone straight from the hole
In the sack TO the place found without striking
the corner of chicken-eoop.
William A. Seaver of Oakland testified that
he is agent for Colts Arms Company. in San
Francisco and has been such for many years.
The witness was shown the revolver found In
McWhr.er's yard.
The defense then offered to show by tele-
grams sent by the witness and answers re-
ceiyed by bin that he had received an Invoice
of revolvers similar to the one found.
The court sustained an objection, the defense
excepting.
The defense then offered to prove by Mrs.
Nc Whirter that her husband bought a new re-
volver IN May or June. 1892. already having
one, and TO further show that when the revolver
found In McWhirter's yard was picked up a
man to whom Nc Whirter had shown the weapon
said, THAT is McWhirter's pistol"
The court sustained an objection TO this and
TO the offer to introduce Mrs. McWbirter's tes-
timony on the Heath trial. Judge Gilbert said
ne would read the testimony and hen decide as
TO whether IL could be introduced or not.
T. f. Bernhard. an attorney OF Fresno, testi-
fed: Knew McWhrter. Was socially intimate
with him. Remember going home from ban
Quet with McWhirter some years ago."
The detense offered to prove by this witness
that McWhrter said to MIN that under certain
circumstances he would Kill himself, and fur-
ther that they would prove that exactly the cir
cumstances McWhirter mentioned did occur.
The plaintiffs attorney made vigorous fight
against the introduction OF such testimony.
Judge Gilbert said the question was too i'm
porJant to be hastily decided and took the mat
ter under advisement. The witness was then
Withdrawn.
L. Davis testified: "At the time of Me-.
Whirter's death 1 was experimenting the
building Of the courthouse at Fresno. recOg.
Attorneys office there. [rhe saw was the one
found In McWhirter's yard.] maze some ex-
periments with the saw, fitting the teeth into
MAI KS on some Usage orange ciuDS."
The clubs found IN McWhirteTs yard were
shown him aud he identified them as the clubs
Into which he fitted the saw at the time men,
jury how he fitted the saw, but the court re-
FUSED 10 permit IL, saying any man with com.
nonsense could saw stick of wood.
James A. Ward testified: "At the time OF
-
Fresno. Made an examination of the McWhir-
ter premises / accompanied Bury when he
cut the Usage orange bough."
On cross-examination the witness testified
that he fitted the hammer he found into he
marks on the boards knocked of the fence, and
that the head OF the hammer fitted into the
marks.
Asked by Mr.. Thornton to examine the marks
on the fence boards brought into court as ex-
nlbits the witness did so, and still insisted that
the marks in his opinion were made by a round
headed hammer.
During the noon recess, which occurred at
this point in the examination, the attorneys
argued the question as to the admission of the
testimony of Bernhard in regard to BIC w hiIte q
talk about suicide The court said he would
decide the matter to-day.
Ward was again placed on the stand when
the court met again In the afternoon. He
showed the jury how man could stand before
the outbuildiDg and fire all three shots.
Mrs. j. s. Eastwood testified: II live In
Fresno. Knew Mrs. McWhirter. Only knew
McWhirler by sight. Was not intimate witt