The morning call., 1894-01-31
in HIS TESTIMONY.

The defense in the McWhrter suit
against the insurance people did not finish
its opening yesterday as was expected, and
the plaintiff, in the cross-eXamination of
Detective Bury. failed to furnish the audi
ence in attendance upon the trial with the
fun which it had promised when Bury
should be put upon the rack. Bury is cred
tied with being the detective who first said
that McWhirter committed suicide. 1t is
probable the defense will get through To-
day.
The first witness of the day was Critten-
den Thornton. leading counsel for Mrs.
McWhrter. Mr.. Budi examined him in
regard to the bullets found in the chicken
yard. one of which is the famous seventh
bullet. The witness was also examined as
to the holes in the gunny sack claimed to
be bullet holes. The outside hole in the
sack, he said, was about the size Of 10
cent piece. AS to the bullets counsel
agreed that Coroner Brown was mistaken
in the Identification on Monday Of the
seventh bullet. Thornton cross-examined
himself.
The next witness was Walter G. Thomp-
son. the Junior counsel for Mrs. Nc
Wbirter. Budd asked him about the
board IN which the seventh bullet was
found. he said 1t might have been part OF
a box. 1t was not part OF the dashboard. but
1t had been nailed over the Dashboard 10 cover
a hole TO keep small chickens In The yard The
board was taken away from The fence and into
the house before the Coroners jury viewed II.
When The jury examined the premises the
board was brought out and put in place.
Thornton asked permission 10 resume the
stand and explain that The board was not
touched 10 change it in any way while Ii was
10 the custody OF McWhirter's relatives and
friends.
Mrs. w. N Rohrer resides on the corner of
L and Calaveras streets, Fresno. Lived two
doors below Mrs. McWhirtePs house. On the
night of the shooting she was sleeping with her
windows open on the side of the house tow ard
the McWhirteTs. Was awake and up with her
children. Heard the shots and Mrs. Nc " birteI
scream. Heard nonoise OF any kind before the
shooting. Was awake about an hour before
the shooting Was quiet night. Two or three
nights before the shooting she heard a noise In
rear of vacant house: Thought the noise was
horse kicking. Know Mrs. cWhirter, saw her
on Saturday evening last. She did not say
anything about the witness testifying. DID not
remember what The conversation was exactly.
Cross-eXamlned on the testimony given by
witness at the Coroner'S jury. In her testi-
mOny al that time witness made no mention OF
hearing sound of a horse kicking AS 10 shots,
thought there were seven or eight, but only
counted three. Was greatly excited. Tie sound
"oh," in McWhrter's voice. he I'd was after the
interval In the shots.
The cross Examination OF William Davidson
before the COToner's jury was read by the
plaintiff, 1t being claimed that on the present
trial he cOntradict5d the testimony given be-
fore the Coroner
w. \. Rohrer, husband of the last witness.
was sworn. lie Is real estate agent Was at
his home on The night New hirter was killed,
sleeping with the windows open. Was awak-
ened BY shots and loud screams. Started TO
count the shots, but did not count item all.
Remember there were three Shots then an in
teryal. They were like this illustrating by
clapping his hands, The first sho,s were
louder than the last. Heard no noises like that
of knocking boards of the fence. On cross
examination the testimony of the witness be-
fore the Coroner was read and caused the first
Wrangle OF tie morning between cOunse
Campbell claimed that Thompson was reading
the shorthand reporters marks and calling
them The witness testimony. The court so
| held, stating that the marks could not be made
| the mess testimony. There were no appar-
| ent contradictions.
'On the night OF the killing was sleeping at
the house of a. Nj. Clark just in lhe rear OF the
McWhirter residence. j went over to Nc
W1irters house the night he was shot. Got
there before Policemen BabcOck aud Wech.
went in through the gate, reached ov r and
opened the laich" On cross-eXamInation the
fact was brought out that there was a large
number of people moving In ana around the
alieyway just after the shooting.
Thomas Bury, detective, was next sworn.
CAT the time OF McWBirter's death was In
Fresno. Was there working on the Coils
train robbery. Was working for Wells-Fargo
Express Company for seventeen or eighteen
years before DecOUllUG Il uel6cllNe. Il was enl-
ployed on the McWhirter case the day after
the shooting upon recommendation of Detec-
tive Hume Worked under direction of District
Attorney Welsh. First went TO McWhirtePs
house with John White on August 20. Went
again on September with Sheriff Hensley ana
Assistant District Attorney Welsh. Found five
bullet-holes. The shots 10 the ou building were
fired from one spot. The bullet-hole in the
fence by the outbuildlng was powder burned.
| Found two bulet-holes in the fence Found a
saw in chicken-yard. 1t had fbers of yellow
"Narshal Morgan and myself found some
sawdust In hens nest in The McWhrfer
cbicken-yard. L went there the last time with
| Morgan TO find, If We could, a silver that was
| broken of one Of the Clubs We took the
| sawdust which we found In the hens nest to
the District Attorney, put In bottles and corked
| up" Here Mr.. Budd offered The sawdust
| taken from the saw and the hens nest in evil
denee. The bottles had been broken while in
custody OF tile United States Marshal "No.
| BODY had been able to find place." the witness
| resumed, "where there had been any osape
| orange clubs cut. The clubs found in NC
Winters yard were OF seasoned wood. |
| learned that there was some Usage orange brush
in lot near McWhirter's. went there and cut
some pieces net cow In the lot bothered
me and dragged the limb some distance while
saving. Cut the stick in order to get a sample
of the wood TO get at the age of IL. / left the
limbs in the lot where i had dragged them
Thy were afterward put back where / first
McWhirter house TO make some measurements
through hole in sack nailed TO the fence.
Several jurors also made measurements with
the line while II was in the hole IN the sack l
saw bullet embedded (the seventh" bulleD In
a board 1t was an old bullet. somewhat fiaI-
tened and very black. evidently an old shot.
did not see the board In the fence. 1t could not
be told from the hole in the sack in which way
the bullet entered IL might have gone iD
straight or have gone In at an angle. A line
run straight from the place where the bullet
was found TO the line in the sack showed that
the bullet must have struck the corner of a
chicken-c oop before entering the fence"
CrOss-examined: "The county OF Fresno