The morning call., 1894-01-30

the usual tilt between attorneys occurred,
Budd intlmating that the witness was
very friendly toward Mrs. McWhirter, and
Thornton, while not denying 1t, insisting she
was telling the truth now just The same.
Suddenly Mr.. Campbell asked that Detective
Babcock be excluded from the room,
Mr.. Thornton said Babcock had testified and
wanted TO know If Mr.. Campbell intended to
make him witness again.
Mr.. Campbell retOrted by saying he did not
want TO Try the case by outside remarks, but If
the court W nted his reasons for asking that
Babcock be excluded he would give them, and
then said that Babcock was helper OF Still
we'll and he didn't propose to have him where
he could hear the testimony of witnesses and
then go Uut and talk 10 other witnesses before
they were put on the stand.
BabcOck ordered TO retire, and Judge
Gilbert, who had become impatient al the
wranglng of counsel, said he wanted no more
of it.
on crnss-examination Mrs. Nelson said she
saw two flashes and heard only three reports,
and the flashes seemed TO come toward the
house. The two flashes she saw came from
the same place in the yard.
Mrs. w. ID. Franklin was the next witness.
She had coDyersed with Mrs. McWhirter after
the deaIh of her husband. but she had made no
notes. mental or otherwise. of the CONVERSE
lions.
DR.. E. E. Brown, ex-Coroner OF Fresno
County, told how he had visited the McWhirter
premises in search OF evidence. Saw the board
In the corner OF the chicken-yard with The
bullet known as the seventh bullet in 1t. Re
moved the board, and later on the bullet from
the board IN the presence OF the jury, the bullet
being so lightly imDedded that he was afraid it
would fall out Saw number of holes in the
gnnny-Sack nailed on the chieken-yard fence.
Did not know whether they were bullet-boles
or not. He sent the sack and board by Bah.
cock TO the Sheriffs Office Tor safe keeping, but
never saw them afterWard. The bullet looked
as If 1t had been in the board quite while
The crease mace by it in the BIO ard was not
new.
on REORGANIZATION the witness said that
the bullet could not be seen ia the board by one
standing up. 1t was whole bullet.
Mr.. Thornton burriedly secured the bullets
tahen from the fence and showed them to the
witness who identified the whole bullet as the
one taken by him from the board
Continuing, DIR. Brown said he did not think
he coulu be mistaken about the bullet. 1t was
much darker when lie found ii than il is now.
AS to the holes In the gunny sack he was con-
hdent that there was no one who could tell
whether they were bullet holes or whether
they were old or newly made holes.
III. II. Welsh, x-DlstIct Attorney of Fresno
County, swore that he called at the Nc WhirIrr
house the day after the funeral. Examined
the three bullet holes In one Of the out build
sngs and the two IN the fence. All bullets were
fired from inside the yard outward and those
In the out-bulldings were fired from one spot.
He MADE every possible test without instru-
ments and was confident of his statements.
The witness recognized the saw, pieces of
clot1esline, etc. He said he first knew Thomas
Berry through recommendations of Detectives
Thacker and Hume of Weils-Fargo Express.
At this point the attorneys, who had been
peaceabIe for an unusual length OF time went
at IL again, and Messrs. Budd, Campbell and
Thornton wrangled until Judge Gilbert said:
T'Ob, come, come, go on with The testimony"
Certainly, your Honor" said all three in a
breath.
The witness then testified that he never saw
the Usage orange sawdust until il was brought
TO him. He noticed on the saw some teeth bent
out OF place.
The witness then tried on the mask, showing
how the string was tied when the mask was
found. The loop, supposed TO hold the mask
around the head, was so large that 1t fell down
from Mr. Welsh's head TO his shoulders.
I'M ffnnf rtrfft Il Ii.
latioDs With McWhrter had always been friend
~. He last spoke TO him three months before
his death. deceased in the meantime being In
The witness said that he carried away a
piece OF the rope, but. only compared 1t with
rope on the clubs as 10 size. age, etc. The rope
Oh the CLUBS had been cut from the clothes
ilne lie was asked to identify the piece OF
rope ne took away 10 his office, but could not
as the tags he put on the rope TO identify IL
were missing He said he was not an expert on
Sawdust.
On redirect examination the witness again
Hisu on Ine mask showing how loose ii was.
MIS-: ", ID. mcintosh was next called. Said
sne lVed within four blocks of McWhirter's
mouse. one was sitting uD the night he was
snos. nedIu thiee shots, then an interval, then
three more shots, the last three being more
mufhed than The first
S. .; Norton, an engineer on tile Southern Pa.
cine Railroad, T. stifrd that he lived close IN
McWhlrter's house. He heard snoolinc and
went over TO the house, wearing pair OF heel.
less slippers, which were shown him and which
s ~ 10y iLo "ehl WI ongn an alley to the
mouse. ne Lramped all over The yard and
walked little way south down the alley He
did not see or hear anyone running away from
ihe alley after the shots. although he was on
the porch OF bis house and could see y.
Mrs. Belle Norton. wife of the preceding
witness, swore that she was awake someflme
before the shooting commenced. Heard tbe
shots. Had heard no noise before. Heard mr.
such noise as pounding on boards. She Wa,
bot sure as TO how many sheus were fired
There were three, then an interval then two OF
three more. She heard a mans voice saw
'Ob," OF something like 1t after the second 81