The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-04-03
BY HER FORMER HUSBAND.
He Was Not in Fresno the Night
MCWhirter Was Killed.
WITNESS A DissOLUTE PRINTER.
Not Much Confidence Is Placed in
What He Says by People
Who Know Him.

FRESNO, April 1.-The most important
testimony introduced to-day in the Heath
trial was that of j. Il BOland, alias Me-
Gin.y. dissolute printer, who was Mrs.
Palmer's second husband. Mrs. Palmer,
it will be remembered, testified that she
brought her husband (BolanD to Fresno
on the night of August 1929 for the pur-
pose OF having him take the northbound
tain. they having separated.
1t was after she left him and had started
to friends house to spend the night that
she met the buggy with Terry in it and
few moments later came across smolder-
ing handkerchief, marked r. S. Heath,
and mask in the street.
Boland's testimony contradicted hers n
every point. He said he aud Mrs. Palmer
were divorced on July 80. 1892. He was
not in Fresno on the 2Sth of August fol-
lowing, nor on the 29th He could fix
dates. He was in Fresno last shortly be-
fore Easter Sunday of that year. and did
not come again until shortly before
Christmas.
Boand next gave his movements while
still married and after being divorced, up
to the present time. He was closely ex-
Der of erroIs.
Alter leaving Fresno in January, 1892,
we went 10 Bakersfield, where he worked
on newspaper, aud while in that position
came up occasionally TO see his wife on
the ranch. He was not there though later
than Easter OF that year. When he came
up from Bakersfield he would stay at the
ranch only over Sunday. He did not come
10 Fresno after the divorce had been
obtained until November or December.
The witness did not 60 to Washington
Colony a short time after the divorce was
granted to induce Mrs. Palmer TO become
reconciled.
Defendant Heath was on the stand for
short time in the morning, but nothing
new was elected. K. l.. Peeer, Deputy
County Recorder, testified that the NAL
rage license of Boand and Mrs. Palmer
gave the date of marriage as December "a,
1890 j. G. Campbell, another attorney of
the insurance company that refused to pay
Mrs. McWhrter. testified about the same
as Lawyer Budd concerning the converse
ton with Stuart Goodwin wherein the lat
ter denied ever having met Heath, though
he testified to the contrary on the stand
the other day. Hospital Steward Bill
Somers was put on the stand to show that
pital May 20. 1892.
The purpose of the defense in eliciting
this was to prove that Mrs. Maynard was
the Mrs. Maynard Mrs. Palmer said she
showed Heath's handkerchief. which she
found in August of that year. This closed
the case for the defense and the prosecu-
ton began to introduce evidence in re-
buttal.
j. w. Shanklin. now City Clerk, then
newspaper man, stated that in 1892 he had
an interview with Judge Harris in the
latter's Office In the courthouse. In that
interview Harris asked him to publish an
article defamatory of New hirter. for
which Harris told Shanklin to 90 to Terry
for settlement. ShankIin first had a talk
with Reel Terry about the matter and then
went to Harris, who handed him the
manuscript to read with the remark that
be supposed Terry had arranged for its
publication. The witness had shown the
article to his partner. A. j. Brooks, who
kept the article two days. Then it was
given back TO witness. who returned 1t to
Terry. The article referred to McWhr-
ter's record In Tennessee.
Very important testimony was that of
Mrs. Blair, who at the time of McWhir
ter's murder was Miss Burch and worked
as servant In Judge Harris house. She
said she noticed the following morning
that the bed of Judge Harris was occupied
on the night of Augusl %. Harris, it will
be remembered, testified that he slept with
Reel Terry that night The witness was
also positive that harris ate breakfast at
home on the morning of the murder, again
contradicting the Judge. who said he ate
with Terry.
Quite number of other witnesses were
pnt on the stand to corroborate former
witnesses of the prosecution. and the testi-
mony was materially strengthened against
Heath.
Professor Thomas Price was recalled
and stated that he had discovered powder
stains and ingredients of powder on the
handkerchief found by Mrs. Palmer and
marked with Heath's name.