The morning call., 1894-03-11
WAS SUBJECT TO INFLUENCE.
The Widow Tells Who She
Thought Was Responsible.
SHIELDING JUDGE HARRIS NAME
The Court Says That His Associate
Has Been Mentioned Often
Enough in the Case.

FRESNO, Marcn 1U.-S0mo testimony OIL
a very sensational nature was elected TO-
day at the trial IF Richard S. Heath for the
murder of MeWhirter, the testimony in
question being given by the widow of the
widow of the murdered man upon her
cross-examination by Attorney Foote.
when they carried yOui husband into
the house dying, did you exclaim, why
did they do this?'" asked Mr.. Foote.
% II did," replied Mrs. McWhirter.
''Whom did you mean by they p" ques-
toned the attrney.
Judge NJ. K. Harris and Reel B. Terry
Immediately came into my mind when l
saw my husband was shot,"
what brought them into your mind?"
II felt that they were responsible"
''You felt that Judge NJ. K. Harris,
Judge of one Of the Superior courts of
this county, and r. B. Terry had some
thing to do with the death of your hus-
band ?" asked Mr.. Foote, half interroga-
lively and half explanatory.
That was answered once" said Mr..
Johnston. Then without waiting for any
reply from the witness Mr.. Foote asked
again you knew there had been trouble
between Judge Harris and your hus-
band?"
II did,"
"And you thought he and Mr.. Terry had
something to do with the. killing?'
81 did,"
DO you think so now?"
Il do"
"Did you write a letter to some one in
San Francisco in which you expressed the
belief that Judge Harris was the owner of
the pistol with the Il and triangle on the
handle ?"
II do not think wrote any such letter
as that" replied Mrs. McWhir,er.
Ibid you believe that Judge Harris had
either done the shooting himself, or had
got some one to do it?''
81 did,"
"Do you think so now?"
An objection to this question was sus-
tanned by the court, and Foote then asked
another question:
Have you not said to persons that you
did not believe that Heath had anything
to do with the murder, but that he knew
who had?"
mo, did not say that"
Mr.. johnson here took up the redirect
examination of the witness to inquire fur
Their into the matter, but the court sus-
tanned the objections entered by the de-
Tense.
did you ever hear your husband ex-
press an opinion of Heath ?" asked Mr.
johnson.
Yes. l heard him say Heath was a
good fellow when sober and under the in
tuence of good people. but when drink
ing and when under the influence OF bad
people he was bad man"
Foote here took up the cross-exa mination
aud asked: when did you hear your hus-
band express that opinion Of Heath and
what was The occasion of it?"
1T was in the mountains and the occa-
sion was when Mr.. Baker and Mr.. Heath
had some trouble"
Whom did your husband refer TO when
he spoke of the bad influence which made
Heath bad N n?" asked Foote
"He mentioned no one in particular"
You thought he meant Judge Harris,
did you nOt?"
"That is enough of Judge Harris" in
terrupted Judge Shaw. "Out of justice to
my associate will put stop to it,
w. 5. Raines was the next witness. He
testified that he heard seven shots on the
night of the tragedy. He also heard a
buggy driving rapidly away from the
McWhirter residence
Katie Nelson. domes site at McWhir-
ter's residence at the time of the murder,
told the same story as at the first trial.
She was so upset 0y the Occurrence that
she remembered only three shots. She
saw the fash of two, and their direction
was toward the house.
5. =. Wright said he counted eight shots.
j. S. Eastwood six or seven, and w. n.
Rohrer said be heard between six and
eight. He was not certain as to tie exact
number.
Though Heath is in the custody of the
Sheriff, he enjoys privileges not usually
accorded to other prisoners. he goes out
to his meals and for exercise, but sleeps
at the Jail.