The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-25
HEATH'S FRIENDS TESTIFY
They Speak Well of the Plain
tiff in the Examiner
Libel Suit.
A Cloud of Witnesses, Including
Several Newspaper Men,
Appear.

Testimony closed yesterday in the libel
suit of Richard S. Heath against the Ex-
aminer. The case attracts much attention
at the City Hall, and in order to accommo-
date the audience expected the argument
to-day will be heard in Judge Murphy's
courtroom, Department 3. The proceed
ings yesterday consisted chiefly in the ex-
animation of witnesses in rebuttal of the
unfavorable testimony given the previous
day concerning Dick Heath's reputation.
The defense, however, opened proceed
ings by calling to the stand few wit
nesses. w. r. Hearst, proprietor of the
Examiner, testified that he knew nothing
of the publication of the article complained
of until he saw it in print, and stated that
he had no i'll feeling toward Richard S..
Heath. j. w. Frye. night clerk at the
Grand, told of the sources of his informa-
ton of the ARRAY and the manner of his re-
failing it to an Examiner reporter J. G..
Baker, deputy warden at Folsom State
prison, had something to say of his famous
fights with Heath in Fresno, but was not
allowed to say much
A. b. Henderson, managing editor of
the Examiner, was cross-examined at
length by General Barnes as to the animus
of the Examiner in the Heath trials, his
own interest in the McWhirter murder and
Detective Stilwells connection with the
Examiner and the celebrated Fresno trials.
He disclaimed any personal animus against
Heath, but admitted that he had consid-
cred him responsible for McWhirter' s
death. He had recalled one reporter, T.
Il. Williams, because he favored Heath IN
his reports and general conversation. When
he ascertained the truth he himself had
written retraction of the article charging
Heath with being concerned In the Grand
0t11 n. i ha1, hat wi
Gle had injured Heath at all In the estlma-
ton of Fresno people. Andrew M. Law
renee, city editor of the Examiner, testi-
| fed that the article complained of was pub
lished in good faith and as matter of
news Mark Walser Assistant District
Attorney of Fresno at the time OF the
Heath trials, merely stated that the case
against Heath had been dismissed because
of the $4,000 expense it threatened the
county with, and admitted that he had
gathered the testimony against the repu-
tatlon OF young Heath.
Then Heath's friends marched up in a
long line and spoke well OF the young man.
Most of them had come unsummoned by
subpoena and at Heath's verbal request.
They We're: K. b. HUE, r. Harrison, w.
M. Cation, j. p Langhorn, ID. w. Brown,
| w. H. Fitzhugh Il. w. SHELTON, G. D.
| Wheat, G. d. Stuart, w. H., Miller, j..
Cove, A. N Drown, f. A. Berlin, DR.. j. T..
Ernest. They included merchants and
| professional men and were unanimous in
declaring that as far as they knew Heath 8
reputation for ''peace, sobriety and general
good conduct was good. Grove L. john
son, in cross examination, tried to make
them admit that Heath S subsection to the
Kelley cure argued some want OF it, and
that they did not know him continuously
or intimately, but the attempt was not
very successful.
! After recalling w. R. Elliot of the Grand