The McWhirter Murder
Political Intrigue, Yellow Journalism and Murder...
When prominent attorney, and editor, Louis McWhirter was shot to death outside his Fresno house on August 29th 1892 all people were shocked, but few were surprised. McWhirter was the leader of the reform Democrats and he had written many articles revealing the corruption of the “Triangle” faction of Democrats, who were in power. Because of the many threats on his life McWhirter bought $60,000 in life insurance and always carried a gun. At three in the morning McWhirter heard suspicious noises outside his house, took his gun and went out to investigate. A few moments later he was shot three times, once in his heart. After the killing Fresno quickly formed a formed a vigilance committee and raised a $25,000 reward. Two competing theories, assassination and suicide, were given for McWhirter’s death.
The most likely theory was that McWhirter was assassinated by men hired by his political enemies. In 1893 Richard Heath, Frederick Polley and another man, known only as “John Doe” were indicted for the murder. Heath was a foreman and frequent bar room habitue. Polley was a carpet layer, and “John Doe” was never identified. Mrs. McWhirter’s attorney said he was not surprised at the arrests. “These men are but cat’s paws of others more powerful, and I expect to see political and financial reputations in this State shattered in a very short time.”
There were millions of reasons to explain Louis McWhirter committing suicide. $60,000 in 1892 money is $1,800,000 today. Most of the insurance companies paid up, but, in an extreme case of “blaming the victim,” Connecticut Mutual Life Insurance claimed that McWhirter, who was purportedly deep in debt, had killed himself to collect the insurance for his family.
Before movies, television, and the internet, newspapers covered crime extensively, often using their own investigators and reporters to find evidence. Rather than just reporting, newspapers often advocated for the prosecution or defense. Prior to his death, McWhirter’s articles were often printed in the San Francisco Examiner, so the Examiner took a strong prosecutorial view in the trials. The San Francisco Chronicle took the defense’s part.”
Suicide would have been a very convenient verdict for the defendants and for Connecticut Life Insurance. But without any solid evidence, no judge or jury would reach such a verdict and Mrs. McWhirter won her case.
Before movies, television, and the internet, newspapers covered crime extensively, often using their own investigators and reporters to find evidence. Rather than just reporting, newspapers often advocated for the prosecution or defense. Prior to his death, McWhirter’s articles were often printed in the San Francisco Examiner, so the Examiner took a strong prosecutorial view in the trials. The San Francisco Chronicle took the defense’s part.
[The cross indicates where McWhirter fell. A, Bullet holes found in the fence. B where boards were pulled off making an exit for the assassins. From a sketch made by an "Examiner" artist.]
In the 1893 first trial the defense presented a novel theory, jury was deadlocked, with 11-1 for conviction. In the 1894 second trial, with only Heath accused, the jury was again hung, this time 10-2 for conviction.
After two trials the city of Fresno was $100,000 poorer. Fresno could not afford another hung jury, so charges against Heath were dropped.
But if the courts were finished with Heath, Heath was not finished with the courts. In 1894 Heath sued the San Francisco Examiner for $10,000 for libel. The Examiner had published a story stating that Heath had been involved in a bar room fight at the Grand Hotel. According to the article “after several blows had been struck the disputants quieted down, forgot their wrath and drowned the bitter memory of the fight in the flowing bowl.”
Heath was able to show that he was in his mother’s house on the night in question and that he had not tasted liquor since he had taken the Keeley Cure for alcoholism,18 months prior.
The Examiner admitted that their story was incorrect, but they brought in numerous witnesses to testify that Heath had a reputation for drinking and fighting in bar rooms.The “we were wrong this time, but Heath is a drunken bum” defense did not impress the judge and Heath was awarded $2,500. His legal victory did not presage a long life. In 1904 Heath committed suicide by inhaling gas. “ Despondency caused by extensive drinking, precipitated his suicide,” said the papers.
In 1905, J. P. Sevener, convicted murderer, was executed in Carson Nevada. Before his execution he confessed to the murder of Louis B. McWhirter in 1892. Sevener fits the general description of “John Doe” seen running from the murder.
In the end the McWhirter case was officially unsolved. But if Louis’ name began to fade in human history it rose in equine circles. A horse named Louis B. McWhirter, running at 30 – 1, won the fourth race for 2 year-olds at the Oakland Race Track in 1899. LB McWhirter was named best stallion at the Modesto Fair in 1902.
Paul Drexler is a crime historian, his book, San Francisco Notorious: True tales of Crime, Passion, and Murder was published by R.J. Parker Publications in June 2019. He founded Crooks Tours of San Francisco.
April 2015
