HARRY WHITTINGTON, the 78-year-old Texas lawyer shot by Dick Cheney over the weekend, suffered what doctors called a “minor heart attack” yesterday and was moved back into intensive care.

David Blanchard, head of the emergency room at the Corpus Christi hospital in Texas, said a birdshot pellet about 5mm in diameter had lodged in Mr Whittington’s heart, causing “irregularities”. He will remain under “close supervision” in hospital for at least another week.

Dr Blanchard said that the lawyer, a prominent Texas Republican, was in good physical shape and had a “strong will” which should carry him through. “He will have a full life as the Lord intended him to have and this should not affect him in any way.” He added, however, that more than five “and probably less than 150 or 200” pellets had lodged in Mr Whittington’s body.

The worsening condition of the Vice-President’s victim threatened to wreck the White House’s attempts to deflect the row over a shooting accident with humour.

It also scotched Mr Cheney’s hopes of escaping from the incident with a warning for violating Texas game law by failing to buy a $7 hunting stamp before going shooting on Saturday at the Armstrong ranch.

The Texas Parks and Wildlife Department attributed the accident to a “hunter’s judgment factor” and said that the Vice-President would merely be reprimanded formally for shooting upland game birds without the proper permit.

Gilbert San Miguel, the chief deputy sheriff for Kenedy County in Texas, said they had ruled out alcohol being a cause of the accident.

An hour after Mr Cheney shot Mr Whittington, the Secret Service called the Kenedy County sheriff to report it. At least one deputy showed up at the Armstrong ranch and asked to speak to the Vice-President but was turned away by the Secret Service. This, a spokesman said, was the result of “some miscommunication” and an interview took place the next day.

By yesterday morning the White House had decided that the best way to deal with the problem was with humour. President Bush’s spokesman suggested that the bright orange school colours of a Texas football team visiting the White House might be confused for hunter’s safety wear.

“The orange that they’re wearing is not because they’re concerned that the Vice-President may be there,” Scott McClellan, the White House press secretary, said.

He was not alone in declaring the accident a laughing matter. Jenny Backus, a Democrat strategist, talked of a “Bush-Quail” presidential ticket — a reference to the first President Bush’s running mate, Dan Quayle. Others circulated an interview with George Bush in 2000 in which he hailed Mr Cheney as “somebody who is going to shoot straight with the American people”.

Mr Cheney ducked reporters yesterday, and issued only a brief public statement, saying that his “thoughts and prayers are with Mr Whittington and his family”.

Mr Cheney has had previous brushes with the law. He was twice arrested for drunk driving in his 20s. He had also been caught fishing out of season. “The $25 fine was not the worst part,” he commented later. “They took my f***ing fish.”

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