The San Francisco Examiner from San Francisco, California • 3

THE EXAMINER, SAN FRANCISCO: TUESDAY MORNING- JTJTiT" 2.1. 1S0.T. twMa them, sod both bar been long at the business. Both have recerdi and repu Utions. Both are supposed to know mora than ordinary man.

It is to be a battle of well-greaved Greeks. Fewer people were admitted to tbe courtroom tbaa in tbe morning. Tbe prinkling of women wu more notable. "Proceed, Mr. Deuprey," was all Judge Murphy aaid, and Mr.

Deuprey obediently proceeded. Tbe reading dealt at length upon the polloe theory to account for the absence of blood-stains on Durraut's clothing after tbe murders tbe theory that he bad come upon tbe two young women while be was nude. With tbis theory was a story of an unnamed young woman who had been de jet a eorraat likeness of me. I know I am better-looking than they make me out to be." "You do not give the artist a chance," answered the deputy. "You know you always refuse to pose for a drawing and they have to sketch yon as best they can." Durrant did not answer, but walked to tbe further end of his cell and sat down on the lounge and lighted bis lamp so that he might read tbe papers with greater eaia.

After reading the papers Durrant laid stretched cut on the lounge, his hands clasped onder the back of bis bead. While in this position the men from the kitchen carrying large buckets filled with mush and tea walked along the corridor. "Anything for twenty-six?" asked the men peering through the wicket at Durrant. There was. no answer.

Durrant does not like the prison fare. At 8 o'clock Chief Jailer Sattler arrived. After an inquiry as to the condition of his charge he walked to Durrani's cell and greeted the famous prisoner. The occupant responded in a friendly manner. "All ready for tbe trial!" asked the Chief Jailer.

"Yes," was the answer. Feel nervous "Not a bit." What time do I leave beret" asksd Durrant. "At 8:45." As early as 6 o'clock a few people bad coyed into the church by Durrant, and to whom be bad suddenly appeared In a state of nudity. All tbis was set forth graphic ally and with partioularity of detail. Dur rant didn't smile, or nod, or wink, or frown.

He simply sat at if tbe recital bad bean the pointless story of a bora and the application of the rectal to a satrap of the King of Boor. boolagah. "I wish to Insert the word 'thousand' Bore" said Mr. Deuprey, suddenly, when be came to that part of the affidavit re latlogto "Tbe Examiner." "I have left that out by mistake." As the lawyer turned to a pen and the table tbe Judge checked him. "Bnt vou cannot add to an affidavit after It Is made, be said, severely.

stationed themselves about the entraaoe the Jail. As the morning wore on tb number inoreased. By 8 o'olook tbe "But I'll have the defendant put his lnl tlals opposite the corrtotion aad swear to crowd numbered over a hundred. But If It again," retorted Deuprey, and suited they expected to obtain a good look at the prisoner they were disappointed. Instead bis aoiion to bis words before the Judg could protest further, Durrant wrote ht of carrying out the programme published initials and swore that "Tbe Examiner" bad 75,000 oiroulation with an apparen in the morning papers a ohange was made in the arrangements, and Durrant was moved one hour before the appointed time.

Those satisfaction aa to the gospel truth of the figures in his affidavit. Inen the reading went on onoe more. Tbe anxious to obtain a glimpse of the acoussd headlines brought out Mr. Dauprey's best i powers of dramatio force. Ho rounded some of them with a vigorous intonation which would have done credit to the elder yesterday were not to be deceived by the repetition of the once successful plan to avoid them.

Hence their early appearance on the scene. It was given out that Durrant would not be removed until 9:45 o'olock, but at the The early editions of the afternoon papers came In and Deteotive Morse smiled last moment the time was changed and the bneriff's buggy was on hand one hoar gieefuily as be read the first acoounts ef earlier. the trial. He passed a paper along the After Cb'sf Jailer Sattler had finished line, but Durrant paid no attention to It- bis breakfast be ordered the prison-keeper He hasn't a very high opinion of news papers. to bring Durrant into his private office.

Durrant stepped Into the corridor as soon aa the door of his cell was onanerl. Ha Tben Deuprey struck the pictures and began holding them up to view. There were tbe stained and torn garments of was neatly dressed in a black cutaway coat, closely buttoned. His shoes were Blanche Larnont; the great bands of Dur polished and his slouch hat tilted a rant, with the chiromancer's impressions of them; Durrant'a bead, with the beads little to one side. In his left TKE COURTROOM DURING THE READING BY LAWYER DEUPREY OF DTTRR ANT'S AmunAVPT nisi tttt? MrvrmM mo of Wheeler, tbe strangler, Carlyle Harris hand he carried a clo telescope box con.

taining an overcoat. He walked along the and James B. Gentry, all slayers of A CHANGE OF VENUE. Frtm courtroom ahrtclm made bi Hawton Jow of the Ernminrr" ttnf. corridors to tbe chief jailer's office and looked through the window at the crowd on Broadway street.

affiant of a fair and Impartial jury and a consultation with Captain citizens of San Franolsoo were so preju a whispered Lees. "There are not many there," he re fair and Impartial trial. diced against the prisoner that be could marked, as he surveyed the crowd. Three "That the very enormity of the offense Two or three people here scented an ad not get a fair trial here, and they asked which is charged arouses the Intense indig- Joarnment and nonohalantly rose to leave for a change of venue. deputy sheriffs were then sent outside te keep the passageway to the buggy olear and prevent any demonstration by the ation of the community of the oity and tbe room.

Judge Murpby gave the im Before they got down to the change patient ones a look, It wasn't a pleasant venue tney cad to read all the papers couuty of San Francisco, to such a degree as to make it apparent that a dispassionate investigation of the case cannot be had, but look. Such looks and thunder prematurely crowd. Tbey lined themselves at the foot of tbe stairs after pushing tbe crowd back The Judge sat up under his stuffy red rep sour milk and dispositions. canopy and looked as Interested as from the buggy. A moment later Durrani could.

7 he Distriot Attorney sat on tbe Take your seats I he roared. "Tbe moment the Court speaks about adjourn appeared on the balcony. He walked down Bsgood-as-anybody air, and some of them were frankly ourious! They were all triumphant at getting In, they were all well dressed, and they all looked lilts women who had some one who ought to have made them stay at home. Two well-dressed -elderly women were there with two young girls. One of the girls was brown-balred and she had deep dimples In her cheeks and she was pretty.

She sat all day long In that dreadful place and heard the dreadful story of a revolting murder again and again and again, and her cheeks grew pink and she looked like a pretty wild rose. The girl with her grew pale at some of the ghastly details, and the brown-haired girl noticed it and joked ber about her laok of women. Detective Morse ana General cktnson smiled at, these. Deuprey seemed filled with tbeir tragical interest. As for Durrant, they might have been the flapping of laundered clothes upon a line instead of garments a-clot with blood; they might have bean tbe bands which strew flowers before a bride, instead of his badds, ringed with suspicion and wrinkled with distrust; his picture might have been associated with an allegory ol tbe beatitudes or the disciples casting their nets instead of with tbe presentments of mon known to have killed In secrecy and in cowardice they might have been anything but what they wore, for all they made any impression on the marble face with the expressionless eyes.

80 Deuprey read on, until at last he had exhausted the clippings of bis first affidavit. Then be concluded with the following charge of bias in the community on ac has obtained from the persons that be bas overheard, from citizens of the said city and county of San Franoisco, and in discussions at which he has been present, be is aware that said publications have created, and tharj now exists so bitter a sentiment against the defendant in the above entitled proceeding that, it is impossible for him to obt'lin either a fair or impartial trial In the city and county of Saa Franoisco, State of California. "That to attempt to force a trial at this time in the said community of tho said city and county of San Francisco, State of California, would be nothing short of an execution, virtually without trial or bearing, and without opportunity to fully present, the faots of defendant's place or condition. "That out of common justice and fair left of the Judge and below him. He's tinder such circumstances affiant alleges that the place of trial should be changed, in order that defendant and affiant herein may obtain and have a fair and impartial trial.

i ment parlies jump up to leave the room. nice, clean, well-fed, good-humored look That Is not proper. Wait until the Court the stone steps, a half smile on bts face, and looked about him Mr. Sattler followed elose behind, and whea they reached the sidewalk he passed hie log fellow, the Distriot Attorney, and be sat and listened to the reading of the pa Wherefore, defendant and affiant adjourns. I desire to slate tbat you can have tho time until, Thursday morning in which to make your reply, but it will be necessary to be here to-morrow morning at herein prays that an order be made by this pera with a calm, judicial air that became Mm rather well.

The lawyers for the hand beneath Durrant arm aad led him to the buggy. Both took their seats aad in a moment disappeared around tho corner of Broadway and Kearnv streets. Honorable Court directing the obange of place of trial from the Superior Court of prisoner sat ufar the Distriot Attorney. 10 o'clook, to which time the case is ad They were older mon than he, and thoy the city and county of San Franoisco, State journed." didn't look so contented as he. California, to such other county in said Then it was tbe people made their courage.

And the pale girl bit her lips and una oi tnem was an aggressive man state as to tbe Court it may seem proper escape. Durrant was taken back to jail, RESTORES WEAK ORGANS. sat still and listened. The elderly women his father stopped chewing the gum which to change the place of trial to, wherein tbis defendant and affiant mav have and with these girls looked like tholr mothers. with a bold, pugnaoious manner, and a face full of determination.

He it was who read most of the papers. He read them as if had consoloa him all the afternoon and Ihey joked the pale-faced girl too, and obtain a fair and impartial trial of the ter count of the newspaper statements and theories: District Attorney Barnes said: pretended to think she was going to faint. be were a schoolboy saying tbe multiplica "I had just as soon try this case any and offered laughingly to bring her water. tion table. Gabble, gable, gabble.

"Two "That the said newspapers of dally cir wnere else, except for tbe extra expense A plump, plnk-chaeked, comfortable lit tOIJUN mam times one is two two timss two is four there that's done." and inconvenience involved. I'll prepare tle woman sat near me. She was well some counter affidavits and submit the dressed, and she had clear, honest blue JITAUZW'. The reporters sat at the press tables, case on them." bored to death. They were trying to guess eyes.

She smiled all (lay, ia a perfect eo-stacy of triumph, to think she had succeeded in getting in. I heard her tell a bow long it would take the aggressive law ness tbe defendant Is entitled to be beard and tried in another county than that of the city and county of San Francisco, State of California, where it may be possible for him to have a fair and Impartial trial. That la the oity and county of San Francisco tho said defendant herein, upon the charge made in the afore-entitled proceeding, cannot have either a fair or Impartial trial. CHARLES J. GEINGER." J.

Perkins makes an affidavit in the same languague as the last. He is a dentist. It will not be necessary to read that," General cttinsnn here put in somewhat uncertainly. Then he rusbod ahead: "Mr. Deuprey calls my attention to tbe fact that I have four more affidavits "There is nothing new ia theoase, but if there were I'll honestly say I wouldn't tell you," said Captain Lses, as he prepared to yer to get through with bis multiplication woman near her that she had a "pull." DR.

KDISOVs KLECTRIC BELT AST) VITAL l.4Mi restores weak organs. If jrour paver seem to be If vou htv. uv nnmtnn table, rible charge now made and pending against him. W. H.

T. DURRANT." Then follows another supplemental affidavit of the defendant, which General Dickinson will read," said Mr. Deuprey, combining a sigh of relief with a malicious twinkle of satisfaotion as he handed another bulky affidavit to Goneral Dickinson, wiped bis perspiring forehead, sat down and rested bis tired jaws upon bis hand. General Dloktnson is slower and even more impressive than Colonel Deuprey. His voice has become Inured to the Sausa-lito climate, so he began deeply and bravely.

"This is a supplemental affidavit," he said. "When was this first affidavit aworn take dinner at the Palace Tlotol with Da "Ob," said a thin woman with sharp Captain Lees, the Chief of the deteotive tective finkerton. Detective Morse also black eyes, "you have to have a pull to get dlchare, If rou hsve liidmy. Bl4-deror. t'nnsry trouble, if rou btnomlDg an-Oiied for mrri or business, rmiabr guarantee It to cure loss of vILaiitv in v.tnn mM.

force, sat in a big chair neat the lawyers, had nothing to oommuuicata In here," and then they all laughed quite and did bis very best to keen awake- culation, both morning and evening, in aaid city and county and State aforesaid, in publishing the articles hereinbefore set out, have directly created, and tbera does now exist a bitter bias and prejudice against defendant and afllant herein, upon tho charge of crimo now pending against this defendant and afliins herein. That the publication of these journals, daily published in said city and county, carry great influence and weight upon and among tho citizens of said city and county. That the crii9 charged agaiust defendant and affiant herein is the subjoot of general discussion, and in conneotion therewith of general discussion of the defendant, among all classes and conditions of people, both in streetcars and upon the public streets, and that the state of tbe minds of the ci Izens at large of said city gaily, aud went off to luncheon together. dle-ntfed aod old men or mauer refunded- Dr. But now within a few days the caso will have left the misty realms of theory ana About once every half-hour he took a re a tlectrlo Vitamer irlren frao.

Sand f. The old man, who was deaf, looked after circular. For aale by freshing little cat nap. conjocture and conu upon the broad plains them, and said, In a shrill, high treble, UEO. IJAHLBE.VDKR CO 814 Kearny Street.

San Frencteoo. Cal. xne uierK or toe court copied papers, Them women ought to be home." Tben oi iact. men the people will begin to know what the detectives have really de- and snapped a rubber baad around a ruler, turned eagerly to the bailiff and tried to similar to theso at tbe office. Thev are tooted.

and smothered one or two tremendous get him to promise to give him a front seat for to-dav. just like this last one which I have read." yawns. ClotWnir ANNIE LAURIE'S VIEW. The man accused of murder sat between And the queer little machine at the desk tot" asked Judge Murphy. "This morning.

Tbe supplemental affidavit has been sworn to Just now." Then came the story of the wild drama which Dramatist White, who wrote the rose with a click and put on his hat and Pen Pictures of Types of Men bts lawyers at a little table directly below tbe Judge's bench. He was neither sleepy and went to prison between two DeDuty Sheriffs. ANNIE LAURIE. Worrier Who Crowded Into the Courtroom. Evans and Soantag play, had built on the nor bored.

In or was he impatient liko the spectators, nor pugnaoious like his "You must read and file them now, Mr. Dickinson," said the Court, emphatically, implacable to the last. Well, we will submit the motion, ao far as we are concerned," returned Gene-rrl Dickinson, In resigned desperation. "We move for a change of venue upon tbe ground that a fair and impartial tr.ul cannot be bad in the county where tho action Is pending, being tbis oity and county of San Franoisco." FKOM JAIL TO COURT. lawyers.

There are two doors to tho oourtroom where Durrant is boing tried for murder. Ho was pale with the prison pallor and Direct From The Manufacturer lines the Emmanuel Church tragedy. There was a deal in this that was wild and woolly enough for Oklahoma. The exaggerations were stout enough to smother the tragedy 'in comedy situations. There Durrant Calm and Indifferent Duriner the he sat like a queer little image carved in It took more than two men to keep those doors shut.

The corr. dors were alive with wood. He scarcely seemed to breathe, he sat so people. They swarmed around the en trance to the courtroom like ants around i Rida From Prison to the City Hall in the Sheriff's Bugiy. Durrant got up a few minutes before 6 clock yesterday morning.

He dressed and county is of an inflamed and bitterly antagonistic sta'e toward the defendant, and that it 1 impossible for the reasons set out for defendant to receive a fair and Impartial trial in said city and county of San Francisco for the offense charged. That it is even dangerous to have defendant produced In court on occasions that ii is neccessary for him to be present In court, as crowds of citizens fill the corridors of the Courthouse and utter tbrea's against the defendant and affiant herein, end revile him "That the aid of tbe police and the Deputy Sheriffs is required to control said crowds of citizens and to keep them out of still, but his eyes were strained and there were sharp lines about his mouth, lines that were not there a month ago. "What does the Distriot Attorney have to say to all that!" inquired ths Judge. plate or honor. The bailiffs oioted the doors by main force every now and then, himself with more care than usual and then and came outside and told the people that Tbe yellowish gray light filtered into tartcd to prepare breukiast.

He made a "If your Honor please, the people desire an opportunity to answer the affidavits was a wild demon taking possession of "Dubois," the villain of. the play, who kills "Margery Wilson" and "Beatrice Lscombe" when this evil spirit moves him. The demon says ''ba! hat" a great deal, and there are many grunts and groans before the deed is done. General Dickinson let his voice fhrill and vibrate through the most impressive passages of the tragedy, and brought out tho fusty room and fell for a time on the there was no mom room and that there was no hope of getting in. The people cup of tea, cooked a few eggs and than commenced reading the morning paper.

Sold to the Public pile of legal papers ou the desk before bim. lie fixed his eyes on the iravesiv of 1 stened with eager avidity and stood and waited. a sunbeam and seemed relieved have At 1-2 the Price Charged t.very time an attorney or a reporter or something that was not human to look at. a court messenger pushed through the Every seat in the room was lukon, and By the Retail Dealers. He appeared to be greatly interested in the story of his coming trial, and after reading all that the papers contained in reference to his case had something to say concerning tbe illustrations.

"These newspaper artists," he said to one of the deputies, "seein to take a hor-ribio delight in destroy. ng my features aad every person in the room except the Judge crowd, the people scutied up to the door and tried to peep in. They began doing this at 9 o'clock la the morning They and the lawyers watched the pale, woodun that have been presented by the counsel for the defendant, and 1 would ask for a reasonable time in which to prepare and present to tbe Court counter-affidavits covering ihe points now before the Court from our standpoint," replied Mr. Barnes, blithely fluil blandly. And I would suggest lhat your Honor permit the State to have until Wednesday morning at 10 o'clock in which to prepare such affidavits." "I cannot do that, because I have jurors returnable to-morrow.

We must adjourn the case until to-morrow morning," replied Judge Murphy. Bui so far as this little man with the strained face every min kept on doing it until the case was al journed at night. ute of tbe loLg, dull day. He ao.ed ns if he were some odd little bit ef machinery set an cccasional ba-ha with as wild an intonation as ir the red pits of hell had just yawned and thrown out the awful sound. But Durrant neither paled nor smirked tior shyed.

Comedy and melodrama and tragedy were all tbe same to him. "Mark that affidavit as filed and read on the hearing of the case," said the Judge briefly, when General Dickinson had concluded with tbe most recent literature on express on. I do not see why they cannot I (yams, Pans on Co. They stood in the dark, cold hall and into a certain position, uu 1 set for certain waited, and at noon thore was a stir at the postures, and as if he could not move or Better use them doors and they under each othor's the corridors and approaches to the courtroom ar.d from tho courtroom during the time any motion is made in defendant's behalf; and that citizens follow the conveyance wherein defendant is carr ed to the courtroom for ft distance, both to the courtroom and from the same to the jail. "That on such occasions foul epithets are applied to defendant and threats sgainst bis life expressed; that tho popular excitement is so great-In tbe city and county of San Francisco, as aforesaid, as to endanger tbe personal safety of tho defendant.

"That the publio press of said city and county, duly published and distributed throughout the city and county and eagerly ri-aJ by the masses daily, contained articles change expression unless soma cue came and set the machinery in motion. elbows and craned over each other's this way, His father sat behind bim. a little, thin, backs and huddled cud crowded and almost foujrhr, and thoy caug it a glimpse of Dur if you don't dark man, with a furrowed face and quick, anxious eyes. Behind the father sat the application is concerned, I will vo you a reasonable time in which to prepare your affidavits in reply, as a matter of course. Have these affidavits which have been use Pearl-ine.

Give rani's faco as the lJjputy Shjriffi hurried him by, and they were satisfied. There were women in the crowd clean. 1 be subject of Durrant. At once tbe General took up the affidavit of Charles J. Geinger, a druggist, who tried to help Durrant out of the San Francisco courts with the following statement: "Charles J.

Geinger, being duly sworn. Your tired honest-looking women and they fought spectators. They were very respectable-looking people, the spectators men in middie life, some of thorn young men, a whole row of boys, and one or two old men. read by counsel for the defendant been served upon you i arms and deposes and says: That be is a citizen "No; but it was not the fault of these gentlemen, as I was not in San Francisco Inveighing against defendant and aiming to achine They sat all day in the dull, closo room back a rest, create a bitter prejudice against the defendant's right to trial by a fair and im partial Jury. 34, 36, 38 and 40 Kearny Street.

25 and 27 Sansome Street. and gazed at Durrant. 1 saw four boys there, wail dressed boys, too, who looked as if thoy had good mothers somowhere four young boys, not one of them over four somehow, when you're scrub "That the Jurors and witnesses and offi like wildcats to soe a mia charged with murder. I saw a woman in widow's weeds in the crowd. She was whiti-haired.

as white as carded wool, and her face was sweet and refined. She came up to me and asked me if I couldn't get her in, some way. "I'm so aaxlous to sea the trial," she said, plaintively," won't you please help moi" I asked her if she had any eonneotion with the cavi in any way, and she said no, when they had them prepared." "You will waive this service, will you?" "Yes, I will waive the service." Thyn the Court concluded: "It will be necessary for us to be here to-morrow morning, as tbe 150 jurors, or those tbat have been served, will be hers. I will give of the city and county of San Francisco, bas bean slnoe tbe 1st day of April, 1895, long previous thereto, and now. "That the business of this affiant is that of druggist, and that he Is brought into daily contact with many of the citizens of the city and county of San Francisco aforesaid, and that the affiant has daily read highly Inflammatory articles in the news- papers published in the city and county of cers of the court cannot be Insensible to bing- and cleaning.

"An absurd idea?" Of course. But so strong and exci ed a public feeling and teen years or age. hen thj attorney read the accounts of tbe murders the boys sentiment concerning the trial of affiant, leaned forward and absorbed every word and are liable to be influenced by It uncon I bey nudged each other and laughed at you the time that you may- wish to make such a showing aa you desire. Take until sciously, with an honest intention of doing the details of the dreadful crime. An old man sat bes.de them and he was very draf and I asked her if she was friend of the prisoner, and she shuddered prettily and and could not hear what it was tbat made ban Francisco since the 14th day of April, 1895, to and including the 9lh dav of May, 1895, and at intervals since.

"That the sa articles were published when a person has cleaned house with Pearline. year in and year out, and knows how much work it saves, and time, and rubbing, nothing seems more absurd than to try to clean house without it. Pearline no soap ith it Wednesday or Thursday morning I would rather you would take time so that you will be fully prepared to present all of your affidavits at one time, and then the Court will be able to dispose of tbe matter. and said no; and' when I aaid I couldn't tbe boys laugh, and be asked them, aud help ber to get in she grew Indignant and they nudged rac't other and would not tell in the newspapers duly Issued, printed said spiteful things about people who want everything for themselves. their amy.

"That tbe courtroom is publio plaoo, and a trial in which the community is deeply interested brings the people there, and the influence of their presence and feeling is a strong argument, and almost irresistible cne way or tbe other. "That the influence of other persons, and tbe expressions of their interest in the event of a trial, In diverse ways, may give false coloring to tbe testimony and bias tbe judgment, in weighing and considering it, aad thereby deprive the defendant and and published in the city and county of San Francisco, and that the effect of such publications has been to create an opinion I do not want to bring back the jurors and keep bringing them here every day, so keeping them away from their business. Wednesday or Thursday will ault me any day." "Very well; If Your Honor please I will ask until Thursday morning until 10 him, and he was furiously indignant. Worse than the boys and worse than the dreadful old man, with his meaningless eye and bis gloating, vacuous face, were ttfe women. There were a good many woman ia the room.

Some of tbem simpered and giggled whenever they aaw any one looking at tbem. Soma of them assumed aa I-am- JlanaficturinT Clothiers just makes house- of deep and prejudice and bias against the defendant upon the charge now pending against him, and for which ha is Inside the courtroom it was very quiet. There was no attempt to get a jury, for the attorneys for Durrant had some extracts from the papers to read and tbey read tbem. They were reading the papers from early ia the morning until eourt ad-jouraed. They wanted to prove that the cleaning easy, about to be tried clling Direct to tlie Consumer.

That from the knowledge that afflait o'olock," aaid the District Attorney, alter.