The record-union., 1894-03-27
Buggy.
Special to the REcoRp-UNIoN.

FRESNO, March 26.-Some testimony
was given in the trial of r. S. Heath to-
day which created profound sensation.
Heath is on trial for the murder of Louis
b. McWhirter, which occurred over a
year ago. On the night of the. murder
McWhirter was aroused from his sleep
by peculiar noises in his back yard. de
went out to investigate, and was shot by
an assassin. McWhirter was prominent
lawyer and politician. Suspicion was
Immediately directed to certain of Nc
Whirter's political enemies. 1t was
claimed, also, that McWhirter had COM
mitted suicide, and the Connecticut Mu-
tual Life Insurance Company contested
the payment of his life insurance upon
that ground, but the case was decided
against the company.
The detectives who worked up the mys-
terious case gathered enough evidence to
warrant the arrest of II cath. Heath be-
longs to a prominent family and IS the
son of General Heath. He was tried sew
eral months ago, the jury disagreeing,
his second trial now having been pro-
ceeding several weeks. One OF the strong
est points in the case against him was the
fact that several witnesses had seen him
in buggy driving rapidly out of town
shortly after the hour at which New hlr-
ter met his death.
To-day Mrs. Palmer, an estimable lady
residing near this city, was brought into
court upon her bed, she being in the last
stages of consumption. Mrs. Palmer
did not appear as witness IN the pre-
vious trial.
Her testimony was a thunderbolt to the
defense, and ali but those intimately con-
Dected with the prosecution were almost
as much surprised as the defense. Many
people recalled a ageneral rumor circulated
on the morning of the murder that the
gang had hand in it, and they are
now exultantly saying: II told you So"
The peculiar part of this phase Of the
case is that even the prosecution itself
was unaware of important evidence
within reach until last Friday. Mrs.
Palmer was seen by no person connected
with the prosecution till last Friday,
when she herself sent word to Mrs Nc
Whirter TO visit her at her home in the
Washington Colony, as she had some
thing OF importance in connection with
the Heath trial to impart to her. Mrs.
Palmer's recollection OF the incidents of
the tragic night was recalled by the acci-
dental finding in a rag-bag Thursday of a
mask aud handkerchief which she had
brought home after saving them from the
flames, and which she had thrown aside,
thinking them OF small importance, as
she supposed the men she met near Nc
Whirter's were merely incendiaries,
whose purpose she had foiled.
The scene was a strikingly dramatic
one as the sick woman, propped UP on
her pillows, with her nurse at her side,
was sworn. Her presence was surprise
and the whole court was on qui vive to
hear what she had to say.
She told how, after bringing her hus-
band in from the Washington Colony and
leaving him at the depot she started to
go to Mrs. Nichols friend living in the
northern part of the city, to spend the
night. While going along n street she
passed buggy, in which were two men.
They nearly collided, and one of the men,
whom she recognized as Reel B. Terry,
swore at her. After she had driven a
short distance in the direction from
which the men came she noticed a little
flame in foxtail alongside the walk. A
blaze at that time of the year would be
dangerous, so she stopped her phaeton
and proceeded to stamp ont the flames.
As she did so her horse started; she
stopped it and then noticed that the blaze
was a handkerchief burning. She rolled
it in her hands to put out the flames.
There was with it cloth, and the witness
exhibited mask of black cloth. The
handkerchief was of white silk, and had
Z
which attracted most attention was the
mark in the corner, "R. s. H'. The rest
of the word was burnt out by the flames.
Another point noted was that the black
cambria mask was of the same material
exactly as the strings of the blue mask
Witness described the horses, buggy
and the men seated therein. During her
testimony it was noticed that Heath grew
pale and trembled, clutching the table
in front of him. On cross-examin-
ton, Attorney Foote asked her if the
other man was Judge Harris, and the
witness answered positively no. She was
certain of Terry, however. She stated
that she did not tell of these things be-
fore because she was taken sick very
soon thereafter, and left Fresno, while
the things she had put in her buggy that
night were thrown by hired man into a
gunny sack.
The cross-examination was very rigid,
and to some extent brutal, considering
the condition of the woman. 1t is not
believed that she can survive three
months, and this made her testimony all
the more impressive, her utterances be-
ing the words of dying woman.
Mrs. Palmer came here fourteen years
ago from Michigan as the wife of DR..
Palmer, who bought property and erected
a comfortable house in the Washington
colony. She was his second wife. and
mucn younger luau UeT uuSDdIu. oH0 -
a woman of good education and refine
ment, and is respected by her neighbors.
1t is believed by her neighbors that she is
honest and sincere in what she has said
in connection with the Heath trial.
A peculiar fact in connection with
Terry's alleged connection with the muir
der is that Judge Harris. McWhirter's
bitterest enemy, perhaps, claims that
Terry slept with him that night, and
Terry will probably put forward this
alibi.
Reel Terry, whom this evidence impli-
Gates in the murder, is well known
throughout the State. He is prominent
lawyer, and was a political leader of the
faction opposed TO New hirter. Terry is
a nephew of Judge Terry, who was killed
by Deputy Marshal Nagel, as he was
about to assault Justice Field of the
United States Supreme Court several
wears ago. He ran for Congress in the
Sixth District on the Democratic ticket
but was defeated.
A DENIAL FROM ACCUSED.
SAN FRANCISCO, March 26.-Reel B.
Terry, who was to-day accused by Mrs.
Palmer at the Heath trial at Fresno of
completely in New hirter's murder, and
who is now resident of this city, fur
nisbed the Associated Press with the fol-
lowing statement:
II do not recolleet the fact of my ever
having seen Mrs. Palmer. l certainly
did not see her or anyone else at the time
or under the circumstances testified to by
her. In August. 1892, was living in
house on the corner of Tulare and o