The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-04-01
RICHARD TELLS HIS STORY.
His Movements on the Night of
the Tragedy.
TESTIMONY FOR THE DEFENSE.
A Divorce Certificate to Show That
Mrs. PaImer'S Evidence Is
Somewhat Improbable.

FRESNO, March 31.-Proceedngs in the
Heath trial this morning were. opened by
Judge Shaw. who directed some apologize
remarks at the prosecution for expressions
of impatience that escaped him at yester-
days session.
This done, Mrs. McWhirter was called
to the stand and asked TO identify ham,
mer in Attorney Tupper's hand as hers.
She said it looked like one she had. but
was not sure it was the same one.
The decree of divorce granted to Mrs.
Cora Palmer Boland from j. Z. Boland on
July 90, 1892, was next introduced as evil
dence. the intention Of the defense being
to show thatshe had not seen Boland since
that date instead of as she alleged. on the
night of August %. wher. after bringing
Boland to town. she saw Terry in the
buggy fleeing from the direction Of Nc
Whirter's house.
Stuart Goodwin was recalled. and the
defense tried. without success, to show he
had received money from the prosecution
for testifying as he did.
Henry McPike. the San Francisco law
yer. testified about conversation between
himself and Bigelow and Stilwell. They
stated they were going TO work on the
case, one taking the suicide and the other
the assassin theory. Witness referred
them to Heath as one rho might give them
some information.
John Mcfarland, vineyard laborer,
saw w. +. Policy, supposed at The time to
be Heath's accomplce, the Sunday pre-
ceding McWhirIer's death, in this city.
They were together Sunday evening with
another man named Cronin. The next
morning. the morning Of the murder, Pol
ley accompanied the witness to Dunn's
vineyard, where Policy worked,
Charles Bonner testified to seeing and
talking with Heath the same Sunday. at
the Grand Central Hotel. The conversa-
ton was about hiring Chinese laborefs.
A. Warnekros stated McWhirter had
purchased his pistol at witness place on
March 2S. 1891.
DIR. j. c. Cooper heard the shooting and
looked out of window overlooking the
alley immediately thereafter, but saw no
one running away.
James II. Budd of Stockton described a
conversation with Stuart Goodwin, in
which the latter, contrary to his testimony
on the stand, is alleged by the witness to
have said he had never met Heath. Budd
was the attorney for the insurance COM
pany that refused to pay the McWhirter
Insurance
Richard S. Heath. the defendant was
the next witness, and told substantially
the same story as at the former trial. The
defense tried to bring out the pedigree of
the accused, but the court sustained an
objection thereto. Heath said his rela-
tons with McWhirter were very friendly,
and he had never used any vile term in
speaking of the dead man. The alterca-
ton with Grady on account of the latter's
abuse of McWhirter was next mentioned.
heath slapped Grady's face. Witness
said he was neither on New nor the
other side during the primaries. He was
drinking to some extent at that period and
had attended the gold cure thereafter.
''As far as l remember" said Heath, ~
took drink in Drager's saloon and then
went to Chinatown to arrange with Wong
Hing about some laborers. He asked too
much for the laborers and l came back to
this side and then went over again