The morning call., 1894-02-10
THE PROOF NOT SUFFICIENT.
The Burden Was on the In
suranCe Company.
THE JURY OUT SEVEN HOURS.
Brilliant Arguments by Crittenden
Thornton and j. ii. Budd-Ihe
End Not Yet.

The trial of the case of Mamie B. Nc
Whittier against the Connecticut Mutual
Life Insurance Company was concluded
Yesterday, and, after celebrating nearly
seven hours, the jury returned verd CT
for the plaintiff In the sum of S16.137 80.
Three times during its deliberations the
jury sent 10 the Judge for instructions.
and it is understood that the question was
whether or not the defense had to prove
suicide absolutely or lose it's case. H.
assuming the burden of proof as it did in
the start the defense was bound to prove
its claim.
That the trial just closed is only the be-
ginning of the contest is certain. No
only did both sides reserve numerous ex-
ceptIons to the ruling of the court upon
which to base a claim for new trial, bu
In addition, as stated in The CALL some
days ago, the fact that certain Jurors dis
cussed the evidence during the trial both
In and out of the courtroom will be made
the basis OF motion for new hearing.
The trial has attracted wides pread at
tentl0n. not so much on a count of the in
surance company's fight as It's probable
bearing upon the trial of Richard 5.
Heath for McWhirter'S murder. MANY
new facts have been brought out by the trial
and number OF witnesses who never testified
before have been produced. Heath's lawyers,
who with Heath himself were present when the
verdict was rendered, took the matter cooIIy.
and said they had gained in the new evidence
al they sought for their Client
Mrs. McWhirIer was not present, but her at
t9rneys openly rejoiced over the verdict,
Claiming IL was well won and more than Just.
On Monday Ii Xt Judge Gilbert Will hear The
motion for new trial.
In closing argument for the plaintiff was
MADE by CrltteDdt Il Thornton, who occupi- d
nom 10 TO 1880 O'Clock IN presenting his
theory OF be case and deductions from the
evidence. MI. Thornton surprsf d even his
fIIends by his aIgumtn t which was mastery
lie said I'D opening that Mrs. Me hiri er did
not need the sympathy OF the jury in the case
She was rich and aOundanlly able TO procure
the aid OF counsel and Of science in lighting
her cause The whole theory of the d tense
was based upon The fact that six shots and not
seven, nad Deen nied. but Mr.. Thornton
claimed that there was not preponde rance OF
evidence In favor Of six shots. As 10 Nc
Whlrter being failure. Mr.. ThOrnt on claimed
thai be had not lived long enough TO show
what he could do Despite he fact that In his
opening Mr.. Thornton claimed that he did NOT
want sympathy for his client, in closing his argu-
meht ne MADE strong bid for the cons idera.
ION OF the widow as opposed TO a corporation
he Claimed hat man who loved his family as
life.
AT the conclusion OF Mr.. Thornton's argu-
Hlent the court TOOK recess until o'clock, al
which hour James NJ. Budd closed the case
win the exceptions OF the instructions of the
Judge. Win The argumen for The defense. The
courtroom was crowded. and for two hours aud
nall Mr. Budd hid Tie attention of both Jury,
court and pubic in review OF The case. In
MS opening r Budd said be should attempt
30 Nights OF elOqueHce or rhetoric; that he Was
wei aware tl-'t Ia presenting the case OF an in
surance company a. against widow he Iabored
under disadvantage, but he believed in his
cause and believed thai an Insurance COMPANY
had the same rights al law as a widow. H
then said that he would lose no time in holding
up 10 The jury examples OF men who had been
successful late III life. nor would he quote to
them Shakespeare or history. He proposed To
detail HE evidence ana discuss it In detail, as
hr. Thornton had not done, and would give
his reasons fOr believing that he evidence in
tie case showed that Louis B. New hirier had
committed suicide. The letter which MIS- Me-
W hitter had concealed, and which she had ad-
mlitec receiving after her husbands death.
would probably have rendered this suit uii-
necessary d it been shown, but not only bad
Mrs. New hirter concealed The fact that she
had received such a letter from all except one
person, but she had begged that person "fur
Ged's sake TO say nothing about it," Budd
then look I'D he scene of the shooting
aud showed how, 10 his opinion, L. b. Nc
Whrter had laid The plans for an apparent as
sasslnallon To cover up his SUICIDE. Counsel
claimed That the Two pistols belonged to Nc
NhlIter; that be mad sawed the Usage nge
clubs IN his hen house, as the sawdusi
found in the hens nest and in the
teeth OF his saw proved; that both pistols
were loaded with the same sort of cartridges;
that the clotheslne on The club was cut from
the line IN cWhirter's yard and tbe nail fast
entng it taken from McWhrter's naibox.
Bud reviewed the testimony of each witness
and every circumstance OF the case and
analysed t. Then he took up the motive for
suicide, and In so doing paid high tribute to
Nc WnirIer, WHO he said was man WHO oV-
Ing his wife and child, had through politics and
business mistakes and failures put himself In
such position that 10 have lived would have
been 10 witness the beggary of his wife and his
own disgrace. Passing TO the experiments
Bud said that McWhlrteT's best friends were
the ones who said that H. wound was powder
burned and that it had been shown that the
servant Meta, who a few hours after The kill
ing, told people about seeing McWhirter fall,
but who now could not remember" would
have seen the assassin run away had there been
one when McWhirter was shot.
Budd closed with plea TO the Jurors to re-
member, When they thought of the widow, OF
"ihe gray-haired mother md the loving sisters OF
Richard Heath, whose father bore a name as
pure as any on lie roster of CaIfornia's dis.
unguished mrn; but TO remember as well that
all he asked was even-handed justice"
AT the close OF Budd'S speech Judge Gilbert
charged The jury.
While both SIDES excepted to the charge of
the Judge, all admitted that IL was most able.
Not only was 1t xhausive but showed that
the Judge had given careful attention to all The
details OF the trial and the evidence.
The jury retired at o'clock.
For seven hours the jury consulted over the
verdict and after receiving Instructions from
the Judge, announced verdict Tor The plain
tiff at 10:55 O'Clock for the full amount
claimed.