The San Francisco Examiner from San Francisco, California • 2

TITE EXA3nNER; SAN FRANCISCO I TUESDAY MORNING, JULY 23, 1895. I desire to move for a change of that "The Examiner" has the largest olr Ively. It contained tbe document of the defease and was given a prominent place In front of General Uickimon. On the other eide the opposing battery aat District Attorney W. S.

Barnes and his assistant, Edgar Peixotto. Ia and out during the day drifted Captain of Detectives Lses. Somotimos he sat in consultation with Mr. Barnes. Again be summoned Detaotlve Seymour or some other of his assistants, as if to put some last touch on the case prepared for the people.

The courtroom filled slowly. At eaoh door were stationed the Sheriff's deputies, keeping out the crowd. Only the favored few were permit, ed to enter there those baring business with the Court and those with a pull. The women were generally admitted and given seats. Sheriff Wheelan bustled in Just ahead of the crowd and gave bis personal attention to the details.

Then, too, Judge Murphy appeared with bis slouch batoa and went "Haven't you got it pagodi" asked the Court roughly. "I think it's page 14," replied the star-tied reader. I bad expeoted to leave all this with the clerk for your Honor." Judge Murphy had leanedyorward as if to make a note of an important and material point, but onoe be bad waked Deuprey up and jostled him a bit he leaned back without making the note, much as one would say: "I just wanted to get a rise out of you that's all." People went and. came. Captain Lees consulted with District Attorney Barnes.

Attorney Thompson smiled gaily at some of the theories put forward to connect Durrant with the murder. Deuprey got to droning, and tbe Judge let him Qrone along. Nearly a dozen newspaper artists were busy focusing their eyes upon Durrant. Almost any man would have been restive under so many eyes and so many pencils. But the prisoner continued as unconcerned as if be were watching a tennis match where he didn't understand the game.

All the tales of possible lynching; all tha exaggeration of the frenzy of the people; all the schemes and theories and accusations passed by that unconcerned man. With St. Paul he might tavesaid: These things move mo not" Then oame tbe wild theory that Durrant killed Eugene Ware, tlm St. Nicholas druggistall because Durrant was said to be ambidextrous and Ware might have been killed by a left-handed man. Many smiled when Mr.

Deuprey was well into this theory, and it made the attorney himself so tired that he raised bis imploring eyes just once again and said "This article ia of some length end relates to that charge against Ware. There is a column and a half more of it and I "I can't help it, Mr. Dauprey," came rumbling down from tbe bench. It is part of your affidavit, and I want to hear it read," On went Deuprey, pitied and sorrowful. District Attorney Barnes read long and deeply in a black oovered book "Psycho-pathia Sexual.

"a book of medical jurisprudence dealing with moral monsters; with fiendish perverts; wiih men in which passion is madness and love a crime. Evi venue." When General Dickinson jerked out this reply it came as a surprise to almost everybody. It has been supposed all along that of course Durrant would be tried in San Francisco. The idea that ha might be taken to Fairfield or Downieville or banta Ana or any other interior oounty-seat never has entered the beads of poople out side the lawyers' offices. So tha notice given by General Dickinson that he was going to strike at the rights of the people to enjoy their own seasatioa at home caused a buzz and a stir.

But there was no wink or blush or trace of Interest on tha part of Durrant. A few moments before he had been seen to rise up, lift his right hand and give a sign of assent to some mut tarings of the clerk. He had sworn to an affidavit on which the motion for a change of renue was to be based. He had dona It as easily and un concernedly as if he wera swearing to a formal declaration of bis desire become a citizen. Judge Murphy didn't like that motion.

He wanted a reply to his question about those jurors first. Then ha would be ready to wrestle with change of venua or change of heart. But he was bent on having those proceedings maroh formally and precisely in the way he bad mapped out for them to go. So the testiness ia his tone developed more and more as he leaned forward and glowered upon General Dickinson, rumbling bis reply. Those who know the General's tendency to succumb to undue heat almost expected him to have another fainting spell.

But he pulled himself together heroically and leaned against the table, while the Judge roared on: "We are not commencing the trial yet. I want to know how you stand, because if there is any question about it I shall ad journ until to-morrow. The question is whether you desire to have the 150 names in the box before wo commence to draw the jury. I want to know whether you in sist on ihat or whether you waive The General's return was in the most formal tone a trifle apologetic, but rea- sonably firm. He evaded the Judge's ques tion with some skill, but at the close seemed to be willing to temporize.

He said: Upon an examination of the law in the case, in order to save our rights, we have concluded that it is necessary to move for a change of venue at tu time. That is no: done for the purpose of delaying this trial. It is merely to preserve our rights so that should it become apparent that we are unable to secure a Jury here or that such a state of feeling is developed as to render it advisable to renew the motion. we ixi ay do so if we desire so to do. I think this motion should be first disposed of before we should bo called on to state about the Jury.

I have no objection to it except as it might affect tho question as to what constitutes the commencement of the trial." That is not the matter I am speaking about thundered the Court, getting a preliminary tinge of red about its jowls. General Dickinson may not be a good enough soldier to suit the hero-loving Governor Budd, but he knows the time fcrjre- reat when he sacs it. It struck him that he had been deploying and paralleling and making counter attacks just long enough. So he sounded the retreat ami prepared to capitulate. That is not the matter I am speaking about!" repeated the Court.

"I have no objection to it," responded the General, meekly. That was all the Court wanted. Judge vlurpby, having had his way, became just mild and easy as a young swaia making ais first advances to a maid. I do not desire to place you in any portion where your rights will be I want all your rights reserved," His Honor, Judge D. J.

Murphy, Who Will Preside During the Trial. From a study in the Courtroom by Earner Davenport motion and the filing of those affidavits. "That the oharge against this affiant is that of bomiolde, namely, the charge of having taken the life of Blanche Lamont on the 3d day of April, 1895, at the city and county of Saa Francisco, State of California. "That this affiiant Is entirelv innocent of the charge that is made against him, but that by reason of the henious charaoter of the crime charged, and the circumstances which have been published of and concerning the alleged killing of the said Blanohe Lamont, and from articles published in the culation. However, before reading these estimates and newspaper clippings Mr.

Deuprey made one last despairing effort to avoid that sustained elocutionary flight. He paused as be reached the quotations and looked up appealingly. "Proceed," was all the Court vouchsafed him. When he had read about half of one art! cle Deuprey looked up again. This time he spoke "This will take all of to-da7 and part the next.

We are willing to submit the affidavits to the Court aud to the District At'orney without reading. We- "No, you oan't submit taam without reading. I can't pass upon them without bearing what tbey contain." Having settled this mattor, Judge Murphy roared at the jurors present and admonished thom if they were not present this morning he would issue attachments for them and punish them severely, and ripped out: "All who are going to retire will retire now." In the exodus General Dickinson slipped out He loves Mr. Deuprey as a Drother attorney. He admires his eloou tionary ability.

The sound of his voice Is musio to him. But a man may get too much musio at times, and General D.ckia son stole silently away. Mr. Deuprey read on and on and on. Those newspaper extracts called H.

W. Theodore Durrant all the different kinds of bloodstained wretches known to exub erant vocabularies. him over and over again. They had him chased by mobs and shrieking in tha agony of re morseful nightmare. They pictured him as about to confess." They took him right down the line as an already oonvicted felon.

They were vehement, denunoia tory and inflammatory enough to rouse all the dogs of vengeance In the baok yards of suspicion. But through the reading Durrant sat with that same unreadable face. His bands were folded la his lap. He might have been thinking of a prayer, or of the day be played marbles, or of a dog chasing a rabbit, or of a murderer stealing upon his sleeping victim, or of the rouent out the price of peanuts for all his face mir rored the thoughts of his mind. Mr.

Deuprey is magnificently denuncia tory when he is roused. His voice and manner fit nicely into hot periods of exe cration. Thore were passages In those newspaper clippings which fitted him to a turn. He ripped them out with a twang like the rattle of boiler iron or the orack doom. But that man with the folded hands sat like a sphynx In a desert of meaningless platitudes.

The boisterousness of some of the paragraphs caused everybody else in the room to smile. Even Mr. Deuprey, in bis painful situation, seamed 1 ready to burst into a guffaw. The elder- Durrant's upper lip ourled more in satire than in gloo. Butt that prisoner sat unmoved and the Affidavit of Durrant.

Homer Davenport unnotioing. He might have been in Aca dia, so far did he seem removed. Thon there were passages with spinal shivers in them.8 Men With a good turn at description had piotured the finding of the bodies of the murdered girls. They had spattered the blood upon the walls. They had dragged Blanohe Lamont up the bol fry's creaking stairs.

The shuddering wind whistled and moaned about that steeple. Up from the lower room the groans of Minnie Williams seemed to curse the air. The fleeing mur derer, stained and fearful, dodged from gloom to feeling the avenging clutches of the corpses about his neck, the skrlcks in his ears, the gore-matted hair flicking in bis face. So vivid wera the stories, so graphic the pictures, so awful the scenes depicted that msnand women in the courtroom leaned forward with strain ing eyes and bard-drawn breath, catching at every word, hypnotized by the horror tit all. But Theodore Durrant looked straight ahead, peaceful, easy, untouched.

The dread was not upon him. Whatever he may have shrieked at when he started from his troublod sleep; whatever dreams may come to him by night; as he sat yesterday there could be no question that bis mind was free from the haunting of the ghosts of murdered women. If ever they stole across his day visions he had banished them ana was free. "A little louder, if you please. Mr.

Deuprey," admonished Judge Murphy, whenever the tired reader let his voice fall into the half-audibte hum whici lawyers love when reading formally. Then Mr. Deuprey would bring out his periods with more force What page is that!" askd the Court suddenly on one occasion. Mr. Deuprey fumbled and Mumbled, and began counting Uke a boy enumerating his fingers.

from place 1o plaoe, rumbling orders and making sure that the jury-box would cot be encroachod upon. So with all these precautions the crowd was held at bay, and at no time was the room permitted to become overcrowded Out in the corridor, however, hung the throng. The men were packed in a heavy mass. Even when it was certain they would not be admitted they clung to their places near the doors. Many were there all the dav seeing nothing, bearing nothing, but kept in place by that same stranee faculty which holds a crowd at a jail when a man is being hanged.

Af Judge Murphy had taken bis place shortly afier the reeular hour for opening court there were a few motions to be dis posed of. At Judge Darwin's suggestion tho cases against Dick" McDonald were put off for two weeks, at which lime they are to be set for trial. Other matters were cleared from the calendar In the same way. The case of V. H.

T. Durrant, charged with murder," said Judge Murphy suddenly. "Ready for the people," returned District Attorney Barnes. General Dickinson rose. It seemed that the battle was about to begin.

But Judge Murphy was not ready to let the battle rage. He had to interpose a few tempering remarks and fix the ground so both sides could start fair. His trouble was all about the jurors. One hundred end fifty citizens have been summoned from their homes to sit as jurors is this case. Out of that 150 it is hoped to get a few who will fill all the tech deal requirements of obtuse ignorance and Idiotic lack Of bias.

Possibly a venire of 150 mora may be ntoded before tho twelve man who will hare Durraut's fate in their hands have been Judge Murphy, however, was not so ndful of the future 150 as be was of tho present. Ho thought it loo bad to take sc many men from their work all in one day, so ho had divided those 150 into two batches of sevonty-flva each, one batch to appear that day and tho second batch the next. Ho wanted to know whether or noi this arrancemcnt, was satisfactory all around. Ho didn't want it bobbing up as a technical objection later on, so he had this to soy: "I desire to say to the counsel in this caso that, for tho purpose of expediting matters and the necessity of having 150 citizens brought here at one timo (although tho order for drawing the 150 Jurors was complied fully the Court doomed it proper under the circumstances to divide that number in two, mak ng seventy-five jurors returnable to-ilay and seventy-five Jurors returnable tomorrow. Before that order was made two of the gen iercen representine the defendant 'wero in court, and, calling their attention to tbev thought it was eo ooiy proper but adviaole to do eo.

Father and Son From segregated the jury at that timf. I cannoi conceive for a moment there is any irregularity in it. I am simply following out the practice as it has existed in this city and connty for many year; yet the defendant, if he insists upon it, is entitled to have the 150 names in the box at the drawing. The question is whether we will proceed to-day, waiving any irregularity, if there be any irregularity (which I do not for a moment conceive or admit), or whether we shall wait until to-morrow, when the 150 names will be in the box. As I say, I did this to avoid the ncessity of having the court-room overcrowded with jurors.

What does the counsel for the defendant say!" "I have a prelim nary motion to make, and after that I will answer that proposition," replied General Dickinson evasively. "This is the first matter," retorted Judge Murphy, with just a trace of asperity ia his tone. a dently tbe Distr.ct Attorney is preparing himself to show that Theodore Durrant is such a man. But as he road Theodora Durrant sat within three feet of him, looking dispassionate as a nook of violets and as little a moral monster as tha man who was reading for him or the pitiless Judge who forced the man to read. "Recess until 2 o'olook," suddenly said Judge Murphy, leaving the bench as if he had received a sudden summons.

The hour was high noon. Chief Jailer Sattler, who had brought Durrant to the court, took him again ia charge. Evidently the Chief Jailer didn't regard his prisoner as a very dangerous man. He didn't bother to snap the hand cuffs on him. But, then, Sattler is a big.

handsome fellow, who looks as if he could break three Durrants between bis thumb and finger. After luncheon the crowd at the door was just as big as it had been in the morn ing. But it was a harmless crowd, moved by the motive of curiosity, and having no notion in the world to shriek Hang him." If ever there was an intention to forestall the law in taking its oourse it has died en tirely away, Durrant might now ba turned loose in tbe streets without trial, and unless be were trampled to death by those who would give anything short of life to see him, be oould go about unharmed and at peace. When he oame back after the reoess the prisoner made a better showing for him self. The red and blue had faded from his muzzle, leaving bis nose and mouth less prominent His complexion looked less pimply, less pasty and less drawn.

Tha artists complain that his full face and his profile do not go together that they should belong' to two different men. However this may be, his face seems capable of taking on two different appearances with out changing its expression of repose. At first he turned bis back upon the sketch artists. Then he put up a paper to shield bis face, as if tbe light from tha western window hurt bis eyes. But in a few minutes he faced about, and sat tbe rest of the afternoon motionless when others were twisting, his face immobile.

while the features of everybody else were working in harmony with the reading. Detective Harry Morse came in and sat with Durrani's lawyer. Over against him was Detective Lees. The two veterans looked at each other and smiled. The case is as much a contest between them as it is between tbe attorneys perhaps more, be- AltUiriOVAL SMP.V( SKIVS.

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Sat awu SHr framclM il At 4 mm and menacing. In presenting it Mr. Deu- prey apologized for not having given District Attorney Barnes a chanoe at it before its presentation. This was an infringe. ment on the ethics of tha law, but Mr.

Barnes had already agreed to overlook a little matter like that, because he had been away at the time tha affidavit would have been presented to him. Consequently Mr. Deuprey felt he was doing his whole duty when he made his apology by way of introducing his document. Ha said suavely will state to tha Court in making this motion for a change of venua that owing to the Dlstriot Attorney's absence from the city, after we oame to tha conolusion that In order to preserve our rights it was at least our duty, to avoid any question of doubt, to make this motion, I was unable to sea him regarding it until this morning. I now formally move for a change of venue upon the affidavit of tha defendant and upon the affidavits of Charles J.

Geingor and P. J. and ask that the affidavits may be considered as rea eland the motion submitted. I understand, of course, that the District Attorney may desire to reply." Now it was altogether evident from Mr. Deuprey's manner that ho supposed the presentation of the affidavits was about all there would be to the moUon.

Ha had an idea that he would read the titles, flourish the papers negligently, flip there over on the clerk's desk, look op inquiringly and hear tha Judge say Motion denied." "We except," would of course have been the natural reply to this. then W. H. Theodore Durrant might have gone before the Supreme Court (ia case of conviction) with another big law point to worry the prosocution, and with another hope of a new trial and the chances of the law's further delay. There oould be no doubt that the defense merely raised the point for its technical benefit, The astute attorneys and the cold-faced defendant had no notion in the world that Judge Murphy would turn hose 150 jurors loose again, forgo the satisfaction of trying the case of his career and send the whole pack of attorneys up to Judge Somebodyelse in Someplaoeor-other jutt beoause of tha Baking of that They supposed the matter would ba dis posed of in five minutes, with the reoord fattened and nobody very much discommoded.

ut they reokoned without Judge Murphy. He has a way with him which is peculiarly his own. Time hangs heavy on his hands when ho isn't giving attorneys a few surprises. He could almost be heard to ohuckle as he jolted Colonol Deuprey right under his eloquent jaw. He Insisted on having the affidavits road.

Deuprey turned pale, and he's not a man easily frightened. Ha presided over the last Democratic 'Municipal Convention at Union Hall, and never once lost the red-hued color of resolution which he ordinarily oarries about with him. All the storms and thuntfers of gusty orators, all the shrieks and howls of the clacque of the bosses, all the withdrawals and threats of "the junta" "and the reformers had failed to move him. But that one request of Judgo Murphy nearly knocked him off bis feet. He looked at the Judge for a moment to see if it was not all a huge judicial joke or possibly a legal nightmare.

But the Judge looked down, stolid and unsmiling. Tha figures in the courtroom were real. "Then I woke up" didn't come to him with its saving grace. Then he looked at the affidavits and shuddered. "I shall hear the affidavits read," aaid Judge Murphy pitilessly; "I do not want to take any action blindly on what is presented by affidavits.

They must be read. You may have a good cause for your motion for a change of venue. I do notkuow. I am not going to decide blindly in the matter. The District Attorney will have an opportunity, If he so desires, to reply.

It is not a matter for a decision pro forma." Mr. Deuprey gulped and looked again at his affidavits. He ran his fingers through tha pages in a hopeloss, despairing way. That little excursion showed page on paga of solidly printed matter extracts from all the daily papers in the city column after column of testimony, speculation and Indictment. There were flaring headlines and pictures that would convict the elect If guilt or innocence were dooided like a beauty contest There was a drama and enough detective theories to keep "Old Sieuth" in material for his imaginative stories for a twelvemonth.

Mr. Deuprey has a cast-Iron larynx. His vocal chords are of cold-drawn steel. His tongue is as tireless as bis search for fat fees. But those affidavits gave him pause.

Why, it will take ail day and perhaps a day and a pleaded, mournfully. "I can't help it," returned Judge Murphy, as unfeelingly as a town pump. "But Read the affidavits." At this juncture the reoords of the trial of H. W. T.

Durrant will say to posterity: "Mr. Deuprey than proceeded to read the affidavits. But that record never will adequately toll tha pale terrors of that reading. General Dickinson, knowing what was coming, rose and spoke about having the seventy- five attending Jurors excused. Judge Murphy here showed his first gleam of pity.

He permitted the Jurors to go their way. Some of them ma have returned to beds of suffering. Some may have been feeling the indescribable horrors of a next morning's remorse. Some may have had to nurse those dear to Ihem who were in distress and pain. But thoy can go down the avenues of their lives singing a paean of praise and thanksgiving that that cup was permitted to pass from them that thay were not compelled to listen to' those affidavits.

Judge Murphy settled himself down on the middle of his back, cocked his sideways ear and said: "I will have to ask yon to read a little louder than usual, Mr. Deuprey, for I have a bad cold and am unfortunately a little deaf." Ha didn't seem to appreciate at ail what a blessing it would have been had he been totally doaf. Mr. Deuprey gulped, got a grip on the light standard of the clerk's desk and began that little cbamoer reading of his as follows: "Theodore Durrant, being duly sworn, deposes and says that he is the defendant named in tha foregoing prooeedlnf. Eugene Deuprey Reading Sketched in Court by daily press of the city and county ef San Francisco, State of California, as against this affiant, and seeking to fasten upon him the charge of murder of the said Blanche Lamont, and from the nature of the articles, with the headlines thereof, and tha insinuations and charges set forth in the different articles published in the several daily papers of the city and county of San Francisco, tho minds of the citizens of the said city and county have been, since the 15th day of April, 18 95, and, are now.

inflamed against tho defendant, and affiant herein, and the prejudice and bias against defendant and affiant herein has been and is so great, both on the part of the pubiio and of the press of said city and county, that a fair and impartial trial cannot ba had of tha action pending against defendant in the said city and county of San Francisco, State aforesaid." At this Juncture the weary stenographer of the oourt inserted: Mr. Deuprey here read at length from the newspaper articles containod in thi affilavit" It was about 10:20 a. ni. when that enographer made that note. When ha again took pen in hand hesetdown this: "At 13 o'clock, noon, a recess was taken until 2 o'clock, p.

And so It was'. Mr. Deuprey had read nearly an hour and three-quarters, and he seemed only ti have taken a good start on his first affidavit. What he read was articles from the different daily papers, and in making affidavit to the publications In each, Durrant bad sworn to what he considered their circulations to bs. This caused some diversion.

At each paper was reached the people cocked their ears to catch the sworn estimate of the prisoner as to the number of their subscribers. This is bow his list ran "Post" 17.500 "Report" 40.000 Bulletin 30.000 "Call" Chronicle tt.mo "Examiner" 75.000 So it came about that once again it appears la swora testimony ia a court ot law as They Listened to thi Readine of the Affidavits. tf.ctch made in tht. Courtroom by Homer Dawn port. he said, lovingly.

I am willing to say we are willing to have seventy. five Jurors on one day and seventy-five jurors on the o'ber; we waive any irregularity in that respect," returned Dickinson, and tho way was again cleared for action. "I cannot conceive there is any possible objection to it, but I desire to have a perfect understanding about it," persisted the Judge. ro this General, Dickinson essayed a reply which was mildly cynical and somewhat reflective on the tendency of courts to mistake technicaltes for justice. Ha said: "Sometimes," as your Honor Is aware, the Court steps in and makes trouble for us." With this parting volley the General fall back, and Colonel Deuprey took up the attack.

Deuprey appeared holding in his hands the bulky document which Durrant had Just swora to. It was thick, formal.