The San Francisco call., 1910-08-13
MYSTERY OF DEATH
IN CABIN DEEPENS
Sheriff Discovers Empty Cart
ridge on Floor, Probably
Placed There Recently
Especial Dispatch TO The Call

L
SAN JOSE, Aug. Developments
came thick and fast in the Oscar A.
Wither's case during the coroner's in
quiry this afternoon. When half the
witnesses had been examined. Assist
ant District Attorney Sex moved for
a postponement to secure time to work
out new developments.
That some one entered the lonely
cabin in Black Bird valley, where the
wealthy stockman was killed the night
after the body was removed, shot
hole through the pillow and placed an
empty S51 caliber shell on the floor
seems probable in the light of testi-
mony this afternoon.
The disappearance of the bullet and
shell which would have been in evil
dence in case Withers committed sui
eide were puzZling features and led to
the present investigation when re-
ported to Sheriff Langford by Coroner
Kell.
When the sheriff went to the scene
he found three empty cartridges for the
351 caliber automatic rifle outside the
cabin. One was directly under the only
window and the others were some four
feet away from the cabin.
HOLES IN BOTH PILLOWS
dumdum bullet, and probably the
one which tore through the dead mans
head, was found in feather pillow
on the bunk. The empty cartridge
she'll which Coroner Kell and his party
were unable to find was discovered by
the sheriff on the floor of the cabin, in
view where it could have been hurled
by the recoil of the gun operating the
ejector.
Withers was in the habit of sleeping
with two pillows and two holes were
found in the top one, which was COW
cred with blood.
The bullet found in the pillow could
not have made both holes and its pres
ence there is still a mystery.
Henry Lafranz of S51 Golden State
street. IngIeside, who stopped with
withers the night before he was killed.
testified that he had not fired his 3-51
caIiber rife within eaght miles of
Withers' place.
Alvin Withers son of the dead man,
who went to the scene of the tragedy
with the coroner, testified that he
searched for the bullet which went
through his fathers head and for the
empty shell that must have been in
the room if it were case of suicide,
He found neither although he looked
over the bed and floor carefully
AUTO TOURIST NEAR SCENE
Another important bit of evidence
was that an automobile tourist, with
35 caliber automatic gun, just like La.
Franz, was seen within a mile of
Withers' cabin the evening before the
shooting.
Witnesses examined today told of
mountain feuds, one between Martin
Fenton and George Frost, which re-
suited in rifle duel four months ago
and fhp uyoI1pdino n Eenton
Henry Lafranz said that the. night
before the tragedy WitherS told him
that he (Withers) would have no trou-
BILE with Fenton, if it were not for the
"other fellows" Just what this trou-
BILE was did not develop.
Edlung Quincy Burke, who came to
town yesterday with Fenton. said that
man on horse might have rode by
the window over Withers' bed and
killed him, but he believed that it was
case of suicide.
FENTON CAUSES A SCENE
Martin Fenton started scene, in
the room when he found that there was
motion before Coroner Kell looking
to weeks postponement of thehear-
ing. Fenton protested volubly that he
had to ride so miles into the hills each
trip and that he also had 20 care for
lot of Withers' stock that might reach
some surprise, it not being generally
known that he and Withers had been
partners in one lot of stock
Fenton testified that he last saw
Withers alive Saturday morning. He
did not see him again until he put a
blanket over the body and closed up
Withers' cabin.
This big kid you call Lafranz came
tearing into my place, crying that
Withers had been shot with his. La
franzs, gun, and that he was going
to hang for it, and we went back to
the place with the boy" testified Fen
ton.
Il never had any trouble with With
ers, but others did. l don't know of my
own knowledge who Tie others were.
That is, do know, but I can not prove
it. Some of them tried driving cattle
behind my back, and any time they do
that there is a shooting scrape."