The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-01-25

Claimed II e was expecting money,
The witness said McWhlrIer had drawn sew
e-al drafts, but lie did not remember OF any of
them having been returned unpaid. They were
small drafts usually on his father or brother.
MIR. Phillips was tlen excused Tor time.
The next witness was Edward 5. Ballentine
OF Los Angeles, an agent for life Insurance COM
panies. He testified 10 McWhirter trying to
secure $4,000 insurance on his lie after he
had secured tile insurance already mentioned
The Witness was willing to take the risk, but
the banks would not give him 80 Der cent on the
notes which Me " hlter gave MN as security
for the payment OF premiums. and the trade fell
through McWhITter getting angry because
The witness was Offering his notes around. As
Balentine left the stand he asked Attorn- v
Budd II he could 90 home. Il am through with
YOU" said Budd. "Will you need Ballentine
agan?" he asked. turning to Crittenden
Thornton.
II have no use for Ballentine" Thornton
snapped, then added 1--WE never had any use
Tor him. ana Mir. Balentine was excused.
"Call DR.. A. J. Pedlar," said Budd, aud
physician who is well known In this city and
throughout Southern California. took the
stand, and Attorney Campbell produced life
sized manikn so arranged as TO unfold and
show the interior OF the human body. Dr.. Ped
lar testified that he was friend of McWnirter
and his family physician during his lifetime.
lie was called 10 the McNhifter residence on
The morning the deceased was shot. He found
McWhiIter lying OF a lounge, grooming aud I'M
conscious. lie stayed with him until death
enSued. He eX; mined McWhirter and found
d
then marked on the manikin the Location of
the wound, but one of the jurors not being sat
isti Attorney Budd played manikin. Taking
off his coat ana vest lie asked Dr.. Pedlar TO
mark upon the front and back of his shirt the
point of entI ance and exit of the bullet that
killed New hrttr. Then Budd handed the
doctor the nighlshlrt and undershlrt worn by
McWhlrter on the night he was shot and both
were identified. DR.. Pediar said that there was
not only powder blown thickly into the night
shirt around the hole, showing where the ball
blown into the undeTSbHt beneath IT, The
wound bled very little externally.
In his opinion McWhirter was practically un-
conscious from the moment he was shot. The
physician then described The course OF The bull
let through the lung and heart and described
the angle which II had taken. The juror who
wanted BuGd's shirt mar6ed was not clear, and
Budd, who Is about the height and size gener-
ally of McWhifIeT, put on the powder stained
shirt which McWhirter wore when shot. How
closely DR.. Pedlar had marked the entrance of
the bullet on Budd's shirt was shown when be
put on The nights hlrt, for the bullet hole in the
nghtshiTt came directly over The blue pencil
mark on Budd's shirt beneath.
On cross examination, DR.. Pedlar testified
that he had read of cases where men walked
several steps, even yards, after being shot
through the heart He believed that McWhir-
Ter Was paralyZed Intellectually and physically
when lie was shot. lie held the autopsy on
McWhrteT's remains, aud considered him one
OF the best specimens OF physical manhood
whom he had ever seen. There were no wounds
autopsy disclosed no shreds of cloth carried
luto the wound. When asked how far he
thought the weapon with which McWhirter
was shot was held from his body when tired,
the defense objected and announced that 1t
would, later on, make a practical demOnstra-
tlon before the Judge and jury, aud fire Me-
Winters pistol with the same-slZed cartridge
with which he was Killed at different ranges to
prove how Tar the powder would carry.
Alter AT orney Thornton had asked DR..
Pedlar as to The length OF McWhirIer's arms
a. IN ia Fam urh0 liar no hon,
or gloomy, none of which questions the doe
tor would presume TO answer positively, the
witness was excused until after recess, VIZ,
80 Z. NJ, at which hour he again took the
stand. Closely questioned second lime, DIR.
Pedlar stated again that there were powder
mark all around the bullel-hole in the night
sbift, scattered grains here and there. and some
powder in tn undershirj. The doctor left the
stand, ana Attorney Budd said, Call Mrs. Nc
Whirter."
Clad in deep mourning, Mrs. Mcwhirter took
the WitnesScna1r, ana MT. Budd asked:
Mrs. McNhirter did you ever have given
you or tiud after his death letter of lnstruc-
tons written for you by your husband?"
Yes" was The answer i'll low tone.
"Where is that letter nOw?"
81 don't know. l haven't seen it for months
l put 1t away IN a trunk" and the witness ex-
planned how she thought the letter had been
lost, adding, ait was given TO me win lot of
papers out Of my husbands desk"
Then there was letter written TO you by
your husband, which you received after his
death?"
There was"
THAT'S all for the present" said Mr.. Budd,
and Mrs. McWhiIter stepped down and a. u.
Naruek a., a gunsmith OF Fresno. took the
chair. Outside of The fact that as an expert
the witness identified the cartridges taken from
Doth OF the revolVers found on McWhirter S
premises, one of Which is admitted was his
own, as fOrty-One caliber short, and the further
fact that he had sold Whittier pistol and at
various times ammunition. the testimony of MIR.
Warnekras was not interesting until Mr.. Budd,
"A ba
witness If he could tell what calibeT ii was, and
a second later said:
That's the famous seventh bullet the plain
Till claims was fired"
Then II was developed that the defense hoped
to prove hat the bullet shown was of a thirty
TWO caliber aud OF the same size as a dozen
Others dug out OF the fence where IL was found,
and they VIII claim that all OF the bullets were
fired inc the fence by McWhirIer from rifle
months before he was killed. While Warne.
kraS was on the stand the pistols In evidence
were exhibited, and one OF the jurors, after
satisfying himself that t was not loaded Illus
trated TO his fellow jurors how a man could
use The weapon to shoot himself, turning the
muZzle against his breast ana working the
trigger, The weapon being double acting, with
his thumb.
AS soon as Warnekras had completed his evi.
dence the defense offered the testimony OF Mrs.
McNhirter as given at the CorOnerS inquest,
for the confessed purpose of proving incOn-
Slstencies between her previous testimony and
that given IN this trial. Attorney Thornton
fought the introduction of The record, but the
court said IL could 20 In, only he did not believe
that all OF II was necessary, and finally II was
agreed that Judge Gilbert should read the
transcript and Then decide what should go in
and what should not. The defense admittedly
want 10 show that in her previous testimony
Mrs. McWhirter made no mention of having re-
ceived the letter OF instructions, which she tes-
tilted yesterday having received. The matter
viii be decided this morning.
The next witness was Thomas Rhodes who
testified as follows, his evidence being cOusid-
cred important by both sI0es: II work for Mr.
Clark, and was sleeping across the alley from
McWhiTter's house on August 8, 1892. got
up at 80 A. N. to attend TO the windmill. |
lit a cigarette and saw what time it was just
then l heard some shots. ran on a straight
line TO Clark's fence. Then / heard Screaming
got on the fence and saw Mrs Nc w birter and
sir. McWhirter'S body.
81 asked her what the trouble was She
asked me 10 come over. | think she screamed
noises except when ne hoered 'Ohp ] saw no
one else nor heard any one running awav.
found The body on the walk, about fifteen feet
in from the fence, on a line with the gate and
IN a line with the TWO bullets In the fence His
head was lying toward the back fence or allev
| examined him and thought he was badly hurt
ana / went for DIR. Pediar. / didn't see the
pistols and clubs found in the yard. The Off
GERS had them when L got back. 10 open the
gate you have 10 touch latch. The gate was
not lOcked. | saw where the boards were
taken of the fence. The fence was white
washed"
AT this point in the examination Judge Gil
hos