The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-02-07
SEEKING POWDER.
Looking for 1t With a
Microscope.
McWIRTHER CASE STILL ON.
~ Witnesses Disagree as to the
Shots Fired.
THE MAJORITY SAY ONLY SIX.
ACQUISITION About the Intervals Be-
tween Them-Some Expert Tes-
timony on Blood Stains.
THE MAJORITY SAY ONLY SIX.

resumed Yesterday ner lawyers asked that
Drs. Dearborn OF Fresno and Webb ofthis
'c4ty. together with Professor Price, the
chemist, be allowed TO examine the stains
on the garments worn by McWhir on
the morning OF his death to determine
whether or not there were any powder
stains about the holes in the garments.
The court allowed the examination to be
made.
The first witness examined yesterday
was W. NJ. Rains, who testified: 81 was
up the night McWhirter was killed; heard
two shots, pause, one shot, a longer
pause. then four shots. do not think the
FIRST two shots could have been fired by one
pistol"
On cross-examination witness said his
wife was very nervous during the shoot
ing. The first two shots could have been
fired by one man if he had had pistol in
each hand.
Mr.. Budd then gave q demonstration of
man firing the two shots. holding pistol
in each hand. and Mr.. Thornton followed
by demonstration of two men shooting
81 lhe same time.
Mrs. Rains, the wife of the preceding
witness. only counted five shots. She
heard Mrs. McWnrter give the first scream.
which was after the last shot, but heard no
gTOaDs.
Stewart s. Wright. an attorney of Fresno. tes-
tilted: 81 was staying at a house about 800
feetaway from the McWhlrter house on the
night of the shooting. Counted eight shots;
they were not fired al regular intervals. Heard
some voices about the time of the thi or fourth
shot thought it was a cry of surprise made
by male voice. heard grOans afterward."
On croSs-eXaminatiOn the witness said: "Have
q
one man could have fired all the shots"
The witness cOntradcted Rains as to the time
between the fling OF the first TWO shots. The
witness then SAID lie was not sure how many
SHOTS were fred, but thought there were eight
: shots; still he would not swear positively, He
knew there was an Interval after The sixth shot
and there was one or two shots fired afterward.
e." Detective Hume, in the service of Wells,
Fargo & Co, testified that he was in Fresno al
the time OF the death OF McWhiIteT and heard
the shooting; was not certain exactly how many
- shots were fired, but al some period of the
shooting commenced counting and at the con-
:cluSon ennOunced ''seYen Shots'; there were
1.-TWO other persons in the room with him. Mr..
Hume heard womans voice screaming murder
ouce or twice.
. On CrOSs-eXamnation witness said he was not
- sure whether there were six or seven shots;
had the question not arisen he would have said
preston that there were but six. He did not
count the shots out loud.
The next witness was j. E. Baker, a news
during the SIMMER OF 1892; occupied the Ale
Winter residence for seven weeks: on the
morniug OF the death Of McWhirter was room.
ing three and half blocks away; Jackson,
with whom l roOmed, woke Inc up, saying
George Rupert had come for me; l went to me
McWnrter house as quickly as l could; day
@. was daWning; went through front gate; walked
around the house; the Ilace where McWhlrter
fell was pointed out TO me; saw a spot of
blood: made a very brief aud cursory exam-
e. nation of the premises at that time. Under
tree near lhe outbulldlngs l saw footprints in
the sand"
The witness then described the wound on
MeWhir;er, and told OF his observations of gum
-: shot wounds during the time he was soldier
The witness then said: 81 knew McWhirter
. for five years before his death. He was much
wrapped up In his boy; was at McWhirters
house on the Sunday before his death; Dassed
along the back fence that day; there was no
= opening IN the fence at that time"
On cross examination The witness said: 81
thought l saw marks of powder around the
wound; the examination was made about
twenty minutes after o'clock, shortly after
the death; thought the discOlOratiOn on the
shirts was powder burns; think so now; burns
were more pronounced just below the wound or
hole made by The bullet"
The cross-eXaminatlon OF Mr.. Baker was at
this point suspended and recess was taken
until O'Clock.
DE- A. q. Dearborn, physician aud surgeon
OF Fresno, was the first witness on the stand
when the court reassemhled In the afternoon:
"The night OF the McWEirter killing" said the
witness, Il was awaAe ned by mai who
wanted me TO 90 TO the country. Did not co.
but was awake when the shooting commenced;
heard seven shots; examined the clothes worn
by Nc Whrter twice."
The witness was shown the nightshirt and
undershlrl taken from the body of McWhirter.
q. He then continued: II examined these gar
ments this morning under a microscope OF So
diameterS The microscope failed to show any
- grains OF powder or powder burns on the gar
ments."
Thornton attempted to show by the witness
that McWhrter could nos have Inflicted the
wound upon himself.
Mr.. Campbell objected and the objection was
sustained.
Thornton next attempted TO have the witness
state what effect the firing of pistol such as
me one Nc Writer owned would have had
upon his clothing if held close 10 him.
An objection TO the testimony was sustained
On cross-eXamtnation the witness was asked
II be pretended 10 say that be could tell that a
:: stain on clothing was made by blood by exam
lining the stain under microscope of 90 diane
ters such as was used by him. The witness ad-
.mltted that 1t would take a MICROSCOPE of
greater power to discover blood corpuscies He
intended 10 say that he found no unburnt poW-
der in tn clothing under The microscope; he
was not prepared to say that the blood was
not mixed with powder smoke; the effect of
powder smoke mixed with bloodstain would be
-. To make IL darker.
he testimony Of witness before the Coroner
was recalled TO witness and he was asked If he
testified at that time that be thought there was
!: some pOwder-smOke mixed with the blood. He
admitted that he so testified.
Then Mir. Budd began reading the doctors
testimony in regard 10 what he (Budd) claimed
that there were powder-burns on he cloth.
Mr.. Thornton objected and said that the
assumption was his, and that he might be as
ignorant a mule on the subject,
:: ave won't dispute that" retorted Mr.. Budd,
and Judge Gilbert shut off further debate by
sustaining he objection.
Asked why the doctor had asked at The time
e OF the inquest about a tear in the night shirt
close to the builet-hOle, the doctor explained
that be thought ri the time that the tear had
,een made by the explosion of the gun.
Mr.. Budd asked whether The doctor was not
warm friend of McWhirter, aud Mr.. Thorn
ton objected.
Mr.. Budd and Mr.. Campbell IN reply said that
they proposed to show that McWnrter bad
said 10 the doctor when he examined him for
life Insurance for the two companies of which
: the doctor is tile regular medical examiner AT
=: Fresno that he, McWhiTIer. expected 30 be
killed before the campaign was over, and that
the doctor had NOT failed to so report TO the
Insurance companies.
MIR. ThorntoD's objections we're sustained
The doctors testimony before the Coroner as
30 The last shot he heard being muffied as IL the
= pistol bad Deen placed near the body was read,
ana lie said be so testified. The witness testified
mat there was an interval between the first and
second shots.
Witness Baker was then recalled for further