The morning call., 1894-04-04
New Witnesses in the
Heath Case.
THE ALIBI WON'T HOLD.
What Happened on Judge Harris
Front Porch
THE NIGHT OF THE MURDER
Some Damaging Testimony Given
by Mrs. Featherstone, Who
Lived Near By.

FRESNO, April 3-The alibl which the
defense tried to set up for Reel Terry in
the Heath trial is faring very badly.
Another reputable witness was put on
the stand to-day whose testimony fatty
contradicied that of Judge Harris, who
claimed to have slept with Terry at the
latter's house on the night of the murder.
The witness was Mrs. Martha E. Feather
stone, and her testimony caused decided
sensation.
An impressive quiet reigned in the court
room as she was giving her testimony, and
she received the closest attention. Her
testimony is the talk of the town tonight.
and it is realized that the political am
btIOns of number of people have re-
ceived check that promises to be per-
petual.
Several witnesses were put on TO show
that E. j. B land, Mrs. Pamer's divorced
husband, was at her ranch near Fresno
several times between spring and fall of
1892, contradicting Boland's testimony to
the contrary.
Homer Palmer son of Mrs. Cora Palmer,
corroborated his mothers testimony. He
testified that he lived on his mother
j. Boland. He saw him at the ranch on
August %, 1892, about 1880 P. NJ. His
mother afterward drove TO town with him
that night in the phaeton. He did not re-
member when Boland had been there be-
fore. His mother was at home the next
morning.
Mrs. Featherstone testified that she
lived on o street at the time of the
murder and could see Judge Harris
house and front porch. Her family
consisted of herself and her nephew,
Tup Malone. She heard the shooting
and saw some one run across the street
rapidly. Presently buggy came up and
stopped in front of Judge Harris house.
Witness went out on the porch and heard
Judge Harris voice on the other side of
the street. Then hack drove up and two
men got out. After a few minutes the
hack drove away and buggy followed a
little later. Not long after this the buggy
returned and was again driven away.
The witness was closely cross-examined,
but her testimony remained mistaken.
She said that while it was light she did not
believe she could recognize any one across
the street. She had counted five shots.
Her nephew had gone to drugstore, but
she afterward told him and Mrs. William
Fancy about what she had seen that night
with the exception CT seeing the hack. 1t
was a few minutes after the shooting that
she saw man coming across the street
toward her house. After remaining a { the
window twenty-five or thirty minutes she
went Oh to the porch. A buggy was stand
ing before Judge Harris house and there
were two or three men on the porch.
What did the men do?" was asked.
They talked for short time, and then
the two went into the house and the hack
came up"
The mack. containing two men. came
from Tulare street, and turned up o
street. 1t made a circle and stopped in
front of the buggy. Two men, whom she
could not recognize, got out and walked
quickly to the porch without attempting
to walk softly. When they got there they
met other gentlemen, and went into the
house. The men in the house came out
and met the others, and they all walked
into the house. They were laughing and
talking on the porch before they went in to
the house, where they stayed five or ten
minutes. She heard voices, but could not
distinguish words. She recognized Judge
Harris voice, but could not be sure about
what he said. There was no attempt to
conceal their presence or to talk in a SUBJ
dued tone.
After Mrs Featherstone's testimony
more reputable witnesses were put on the
stand to prove that Boland had been at
the Palmer ranch In July and August.
j. E. Baker. a newspaper man. saw a
slight stain on McWhirter's shirt, near the
builet-hole. which might have been a
powder mark. He saw none on the un-
dersbirt, however.
Court then adjourned till to-m0rro W
morning.