The morning call., 1894-01-26
Trial of the Insurance
Litigation.
THE WIDOWS TESTIMONY.
Read in Full as Given at the
Inquest.
EXAMINATION OF WITNESSES.
No Sensational Features Developed
During the Proceedings Before
Judge. Gilbert Yesterday.

There was nothing exciting or specially
interesting yesterday in the trial of the
suit OF Mrs. McWhirter against the Con-
necticut Mutual Life Insurance Company.
The defense secured a point con-
tended for by it in the ruling of the
court to the effect that all the testi-
mony given by Mrs. McWhirter before the
Coroner's jury should be read, the object
being TO show that at no time until when
on the stand on Wednesday last had she
ever made mention OK The receipt OF the letter
written 10 her by McWhirter the day before his
death and which she says has been lost.
After Judge Gilpert's ruling on the question
OF Mrs. McWhirter's former testimony before
the Coroner, which was that the whole OF the
testimony then given by her should 90 In evil
dence, as he believed all OF IL would be faireI
TO the plaintiff than parts If segregated, Thomas
Rhodes again took the stand. He said he
could not tell how many shots were fired on the
night McNhirter was Klled-wheIner there
we're five or eight. There were several shots.
then an interval. then several more shots. He
heard woman screaming before the shooting
ended. Cross-eXamined, he said that he reached
Mrs. McWhirter about three minutes after be
ing awakeded by the shooting. He did not
look for any assaSSlns and saw no one run
away from the vicinity Of the place. He heard
q man voice gtOan!ng as II In pain before he
heard Mrs New hlTteT scream, 1t was not a
bright night. The body OF McWhirter lay with
the head 10 the west and the feet toward the
house. The witness could not tell whether all
the shots came from one spot or not.
+. +. Babcoek was sworn. He is Il policeman
in Fresno. He worked in the employ of c. j..
Stllwell as a detective IN the murder trial
against Heath. He was IN Chinatown on the
night McWhirter was killed. He heard the
shots and ran In the direction they came from.
He reached McWhirter's house in seven or
eight minutes. The body had been carried in
aud laid on lounge.
The witness then detailed the finding OF the
pistols, clubs, masks. eIc., his eS,lmony being
The same as given Oh the trial OF Heath and
published in full. In respect to the hole in the
gunnysack he testified that Detective Bury
had unnecessarily enlarged it by saving The
cloth with tape line. He said the hole on one
side OF the sack was the size of a ten-cent piece
and on the other the size Of half a dollar. He
never saw bullet that would make any such
holes. i he first time he saw the board with
the bullet In ii that had been taken from thu
fence was when he saw il IN some one's arms
In The yard. The witness then described The
bullets found III the fence, saving they were all
on about level, but The seventh bulleJ'
showed IL had been recently fired while all The
others were old bullet-hOleS. He heard five or
six shots. He then told about finding the tracks
made by the hee!less shoe in the alley. The
witness was on the stand several hours, his
testimony being about the same In general as
that given by him heretofore.
Mrs. Nj. Bedford was next called. She was a
nelghbOr of Mrs. McWhirttr aud had known
her since child. She beard The shooting ON
the night iDdL McM DlfLer was SnOt. She was
sitting up In bed awake. She heard three
shots, then womaD's scream, then three more
Shots. She heard some speak 10 Mrs.
McWh irter. She asked him TO 20 for doctor.
The witness visited her the next day and had a
talk with her She told the witness that on the
day before McWhlrter's death he had given her
(hls wlfe) full instructions about raising their
boy should anything happen 10 him Mrs.
McWblrter said she had told him TO write out
what he wanted done ana she would carry IL
out TO the letter. While there on the day
mentioned Mrs. McWhITter requested the VIII
ness 10 go and look in a trunk and see If her
husband had left a letter She found none. On
the same Visit she overheard a conversation
between Mrs. McWhiTteT and the lalters
brother. Mrs. McWhirter asked If her nus
bands safe had been opened and ii they had
found letter for her. The brother answered
| no 10 the first question, but aid not answer the
second.
The testimony given by Mrs. McWhirter
before the Coroner was then r. ad in evidence
to show that she had never made mention OF the
letter which she admitted having received after
ner husbands death, and also TO lay the fOun-
dalton for showing alleged Inconsistencies IN
her statements. Tie testimony has been
| frequently published In full.
DIR. Pedlar was recalled and asked about The
electric lights and whether they were burning
at The time of the shooting on the night In
| question, but could not remember. Court then
| adjourned for the day.
The trial VIII be resumed this morning.