The morning call., 1894-01-31

paid my bill for work. No one Else paid me.
llrsi embraced the idea that McWhirter COM
mltted suicide on the last day of the INQUEST
My employment by the county stopped about
ten days after the inquest. | Went 10 work on
The Heath trial In April. Investigated great
many cases and do not charge my memory with
dates and incidents. Have not been with
Cuitin's agency since last September told
Heaths attorney what l have sworn to here
to-day. They did not call me as a witness.
Was in constant consultation with them Was
at the McWhirter inquest" The witness was
hand d the saw taken from New hirrers ward
and asked to identify and mark it. Budd oh
Jected. He said the saw had already been
scratched and be wanted TO know what the
marks already made meant. The witness con-
tinued: when L first saw the saw there was
tooth bent in ii. Ii looks as II it had been
hammered out"
AT the request of the defense the witness ex.
amined the saw with magnifyiDg-glass in
saw found on the McWbirter premises by him.
self and others. AT the conclusion of The ex-
animation the court took recess.
After recess the crosse Examination Of Bury
was resumed. A tedious examination of the
witness concerning the rope in McWhirter's
yard ensued without results. The witness re-
iterated his statement that be Gid not helisve
any one could iell whether the holes In the
gunuysack were bullet-bOles or not. He would
not swear positively that he did or did not ex-
anime the edges OF the holes in The sack with
magnifyng- glass. The board In which the
seventh bullet was found was described by
the witness. he bue was an old bullet, and
the scar on the board was an old one. 81
considered it an old shot and paid
saw any branch of Usage orange wood
in two after O'Clock on any night. 1t was
several hours before sundOwn. Thornton then
asked witness whether the members of the Cor
Oner's Jury had asked him 10 show Them where
he sawed through the Usage orange limb. and
what he had done with the sawdust, and TO each
question the witness answered that lie had no
recollection OF any such questions having been
asked him by any one, ard SAID that had such
questions been asked he would have explained
the matter TO them. Ihornton then began
reading from the witness testimony before he
Coroner, and ibe defense agreed that all of
Bury's testimony should go in. Budd insisted
upOn reading the whole of the testimony, and
The court allowed it 10 be read. The cross ex-
animation failed to materially affect The tesli.
mony as originally given by the witness.
Henry Still, tailor. tesllned That he knew
Nc " hirter, and that when Nc birtrr married
he owed him over 5000. Had TO send the bill
10 a lawyer for collection.
G. II. Bernard of Fresno testified: AZ was a
member of the Coz oner's jury that inquired into
McWhirter's death. Visited thr premises and
found a barley-sack with pretty lai ge hole in
IL. The sack evidently had been there some
time. A bullet WAS shown me under the strilger
in the Dashboard aud was small sized The
bullet had several scratches in the board. The
rip in til board was an old one, and The bullet
had the appearance of being old. This is The
seventh built. Several other bullets were
found. all small. The hole in the sack looked
as If IL might have been pecked in by the chick
ems.
Budd wanted TO know II witness was hen
pecked, and therefore an expert. The witness
admitted The soft impeachment. In taking
measurements no attempt was made by Detec-
tive Bury to enlarge the hole in he sack.
On cross-eXaminatiOn the witness said: 1.-THE
tapeli1e run by Bury was assuming that the
bullet had taken straight line. On straight
line the bullet would have struck the corner Of
a coop before striking the fence"
"DO you mean say that from the creation
OF the world down TO the present day there has
ever been in that yard any COOP, pen or any,
thing else fifteen feet lo1g?" asked Thornton.
Il object" said Campbell, "BeTnaId wasn't
present at the creation of the world" and the
objection started row which ended In Camp
bell telling Thornton be was making statements
that were not borne out by the fact.
The cross-eXamnation bore out the state
ments OF Bury as 10 how he said he sawed the
Usage orange limbs. "lbe seventh bullet"
said the witness, Twas stuck on the board like
piece of gum. lShowD bullet.1 This is the
bullet. There was special reason why went
10 look for this bullet. / paid but little atten-
ton to anything else in he yard"
The witness was still on tile stand when court
adjourned.