The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-02-09
THE CASE CLOSED.
All Testimony Offered in
the MCWhirter Suit.
Experiments With Bullets and Pow.
der Arguments Begun May
Go tc the Jury To-Day.

When the trial of the action OF Mrs. Nc
Whittier against the Connecticut Life Insurance
Company was resumed yesterday morning w.
F. Smith, who announced himself as an expert
on carpenters tools. testified after being shown
the saw found in McWbirIer's house that there
were three or four defective teeth in it al the
point while Witnesses for the defense testified
there were broken teeth when the saw was
found.
The court sustained Mr.. Campbelrs objection
to the witness giving an opinion as 10 whether
or not the Usage orange clubs found in Nc
Writers yard were sawed with the McWhirter
saw.
Mrs. McWhirter. mother OF L. b. McWhirter.
was then sworn, and she testified: "At the
time of my sons death / could have at any
time raised from $4,000 10 $4,000 at twenty
four hours notice."
On eross-examination Mr.. Campbell brought
out the fact that the mother had not furnished
Me hrter any mo ney AFTER his marriage.
The plaintiff th ell rested, aud Mr.. thornton
offered 10 submit the case without argument.
Mr.. Budd 10 reply said that ordinarily with
as good case as he thought he had In this onr
he would be willing TO allow the Sc 10 go 10
The jury with only the instructions OF the court,
but there were certain contradictions in The
evidence that he thought should be explained.
He would therefore argue the case.
A short consult lion was then held between
the court and the attorneys as TO The expert
ments the defense desired TO have made by
Deputy Onllcu NldteS MARSHAL CAPTAIN Burns.
The experiment. were conducted ID the base
ment OF the Appraisers building, in The pres
ence OF the jury. sack OF flour was used as
backing, over which was spread an undershirt
such as was worn by New nirter and over that
strip NJ an old night shirI. The eXpei iments
showed conclusively that no fire was set by the
explosion OF the pistol held only six inches
away from the CLOTH, and il was also shown
that the pistol when held close TO the cloth
blew less grains of powder into the fabric han
when held farther away. Shots were made at
Y m nnNn
and then shot was fired into a gunny sack.
The experiments over Judge Gilbert dis
missed the jury until l O'clock in the afternoon,
al which hour the argume Mt commenced
Joseph Z. Campbell opened the argument for
the defense. He commenced by saying that
the defense was aware that The triaI was that
OF an insurance company against widow, but
that lie believed that the jurors would respect
their oatns and do even handed justice acco d.
ing TO the testimony. He asked II the jury be-
lieved that McWhirter, who had said time aud
again that lie feared assassination, would
deliberately get up and walk out into the night
Will white shirt on. without even stopping 10
look out OF the windows 10 see II any one was
in the YARD, first ringing The door pel as he
went to notify the assassins OF his coming and
make target OF himself. Was it probable
that the assassins would take McWhirter's
hammer and pound at the fence boards and
then In fieelng leave behind them the very EVIL
dence needed to lead to their detection The
refusal TO allow the jury TO 90 TO Fresno and
vlrw the New hir;er premises. although the in
surance company offered 10 pay all expenses of
Tie "Trip, WOTh6u a ndIUsDlp upon Inc QefeuS6
for he believed that il could have been shown
beyond all question 10 a man of common-sense
that the shots fired in front of the outbuilding
and into the fence were fired by one person,
standing in one SPOT.
Then the counsel took up the question OF the
saw and the clubs, calling attention 10 the fact
that Usage orange sawdust was found in The
teeth of the saw In the hens nesL in McWhirter's
hencOOp ana tie clubs were of Usage orange, a
bough or tree OF which was In yard adjoining
his premises. The plaintiff made no attempt,
NJ fha
clothesllne IN the yard, portion of which was
found on one OF the clubs. He asked If IL was
reasonable TO suppose that an assassin would
file of the number of the pistol and then make
upon its handle marks which would identity il
beyond question. On the contrary, If Nc
Whittier did not want the pistol traced back to
him the removing of the number would be his
sGrest way TO prevent it.
MIR. Campbell handled Lee BlasIugame with
ou gloves He said that not only was Nc
Whittier failure financially, socially and
politically, but he had mortgaged ali OF his
Wlfe's property and was at the time of his
death under tile charge OF attempted extortion;
that lie had set his house in order, Instructed
his wife and made PREPARATION for death, first
having secured 100000 insurance upon his
| life.
Mr.. Campbell called attention to the fact that
Mrs. McWhirter had hidden the fact OF having
received letter after his death written by her
husband, even when man was standing 10 the
shadow OF the gallOws charged with McWhir-
tet's assassination, and said that he believed II
that letter could be produced the truth of Nc
| VIM te s Oedtn would De known. Inc letter
was lost and lost just when most need ed.
In closing, Mr.. Campbell summed I'D the
whole case for the defense, and claimed that
the defense OF SUICIDE had been established /;
that 1t had been shown that both Mrs. Nc
| Whittier aud Lee BlasIngame, her brother, had
| concealed material facts. and that every act of
McWhrter's prior to his death showed that he
| con empated meeting his death In the near
! future, and had made every preparatiOn for 1t.
Mr. Campbell spoke over two hours, and was
! given the closest attention by the Jury through
| out. especially in following the testimony.
Waiter S. Thompson, of counsel for Mrs.
| McWhirter. followed Mr.. Campbell MIR.
| Thompson attacked the statements made by
| Mr. Campbell and in his own way explained
| Mrs. McW hirter's retceDce concerning the last
| letter and the acts of Lee Blasingame, her
| brother. He covered every point of the
| evidence from the plaintiffs point Of view.
| Much stress was laid upon the testimony of
| Professor Price IN view of The experiments of
| the morning.
The case goes on today and Will probably
reach The jury this afternoon.