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REFUSED TO ANSWER DURRANT'S ATTORNEY.
A Newspaper Woman
Who Had No Terror
of the Jail.
SECRETARY M'COY FINED
Miss Cunningham Will Not
Divulge the Source of
THREATENED WITH DURANCE.
Student Rqss Unable to Fix the
Date of His Walk With
THE DI'RRAXT TRIAL IN A MINUTE—
There were two sensations yesterday in the
trial of Theodore Durrant, charged with the
murder of Blanche Lamont, though both of
them wore but remotely connected with the
question of the guilt or innocence of the pris
The .first occurred at the close of the morning
when Secretary H. J. McCoy of the
V. If. C. A. wu fined $250 for his remark to
Juror Truman in the McAllister-street car last
The second came at the close of the after
noon session when Miss Carrie Cunningham,
a newspaper reporter, refused stoutly to divulge
the source of her information concerning the
story of Mrs. Leak. Judge Murphy threatened
her with commitment to jail unless she
answered the question, but she refused.
!=he was finally given until this morning to
consult an attorney.
The morning session of the trial proper was
occupied entirely by the medical students of
the senior class and the introduction of their
notes on the lecture of Dr. Cheney.
In the afternoon H. S. Field of Hammersmith
A Field testified that the ring of Blanche La
mont was of a kind quite common in the
Student Ross testified to meeting Durrant
one -afternoon on Webster street near the col
lege, but he could not fix the date as April 3.
0. S. Goodell, a teacher at the School of
Mechanical Arts, .told of Durrant's calling at
the school on the sth of April in the morning.
Several other students also testified and then
Miss Cunningham was called. The trial con
tinues this morning.
THE TWENTIETH DAY.
McCoy Sentenced and Miss Cun-
nlngham Threatened With
the County Jail.
There were occurrences in the trial of
Theodore Durrant yesterday — occurrences
■which more than compensated for the ex
ceeding dullness of the previous day and
the uninteresting character of most of the
testimony offered yesterday.
The first of these occurrences was the
sentencing of H. J. McCoy, general secre- j
tary of the Young Men's Christian Asso
ciation, to pay a tine of $250 or go to jail
lor five days, as a penalty for his jocular
and thoughtless remarK to Juror Truman —
"You hang him or we'll hang you,"
Judge Sawyer appeared as counsel for
McCoy. He did not plead for mercy nor
seek to mitigate the offense. He admitted
everything, and by the testimony of Mr.
McCoy and by that of Mr. Truman merely
proved that the remark was made thought
lessly, with no intention of influencing the
juror and with no malice toward the de
When all had been said Judge Sawyer
arose and remarked that his client was
ready for the sentence of the court, ana
that whatever it should be he stood ready*:
to pay the full penalty of his wrongdoing. !
Judge Murphy thereupon imposed the
sentence of the court and ordered that it i
be held in abeyance until Saturday morn
ing. Mr. McCoy accepted the sentence be
comingly, but probably remarked to him-
Eelf that jokes are dear at that price.
He will pay his tine and escape the jail.
But the plucky little newspaper woman,
Miss Carrie Cunningham, who declined to
disclose the source of her information con
cerning the story of Mrs. Leak, may not
fare so well.
The question was asked by the defense
at about the close of the afternoon ses
sion. She said first tnat she did not ob
tain her information for the article in
question from Mrs. Leak.
In permitting Mr. Dickinson to make
the further inquiry— over the objection of
the District Attorney — Judge Murphy re
marked that it looked very much like a '
fishing excursion and that he hardly
thought it according to the rule?. How
ever, he preferred to err on the sife side.
But neither he nor the defense auorneys
bad reckoned at all on the witness.
She. simply, firmly, quite molestly
withal, declined to answer the question.
"But the court will commit you to jail
for contempt unless you answer," said
Judge Murphy, and he loosed as though
he had, of course, said the last word.
"I pave my word of honor that I would
not tell where the information came from, '
said Miss Cunningham.
Her word of honor ! It could have no
bearing upon the court. Judge Murphy
Assured her ao, with his sternest frown.
The witness viewed the matter from a
different standpoint, as persons sometimes
do. Judge Murphy ordered the commit
ment-papers made out.
Still the answer did not come.
Then Mr. Deuprey asked that the wit
ness be given until this morning to think
over the- matter. Judge Murphy took the
suggestion, counseling Miss Cunningham
toiseek legal advice over night, and be pre
pared to answer the question in the morn
Miss Cunningham says — oddly enough,
perhaps— that the County Jail is not as
distasteful an alternative for her as the
breaking her word of honor to a person
who gave her professional information in
the belief that her promise of secrecy could
be relied upon. Miss Cunningham gives
promise of oecoming famous as a woman
who can keep a secret.
The greater part of the day not devoted
to the occurrences already related was
taken up by the testimony of medical
students who did not answer for Durrant
When the roll was called at the conclusion
of Dr. Cheney's lecture, and the introduc
tion, as people's exhibits, of their notes of
H. S. Field, of the firm of Hammersmith
& Field, came to the witness-chair early
in the afternoon to tell the court that
Blanche Lamont's chip diamond ring was
of a "ommon variety, and worth $18 a dozen
wholesale. He added that they sold retail
tor' about $3 apiece— which proved that
there is, all things considered, quite a neat
profit in the business.
Student Garvin, whose name appears on
the rollcall of Dr. Cheney's lecture as ab
sent, said that be was in fact present at the
lecture. A,nd this, of course, will be used
by the prosecution to try to show the in
correctness of the rollcall which has Dur
rant marked as present.
Student Ross told of the walk he had
with Durrant one afternoon, but whether
it was on the 3d of April or not he could
Student Carter told of meeting Durrant
and Ross that afternoon, but he was no
more sure of the date. He gave a clew,
however, that may be followed up by the
side which it most interests. He said it
was the afternoon when Dr. Stillman. the
lecturer at the college, was fifteen minutes
Oliver S. Goodell, teacher at the School
of Mechanical Arts, said that Durrant vis
ited his school just before noon on the sth
of April. Under Mr. Barnes' questioning,
Mr. Goodell also said that he had said he
thought Durrant's real purpose in coming
to the school that morning was to see Miss
Edna Lucille Turner, who was, however,
absent from that session.
The trial goes on this morning, with
Miss Cunningham as the first witness.
THE MORNING SESSION.
More Medical Students of the Se
nior Class Say They Did Not
Answer for Durrant.
When court opened in the morning Judge
Mupphy announced that he should no
STUDENTS OF THE COOPBB, MEDICAL COLLEGE ON THE STAND IN THE EOKNING.
i longer exclude Mr. Lynch, the pastor's sec
retary, from the courtroom — an action that
the court took yesterday at the instance of
the defense. Mr. Lynch had in the mean
time informed the court that he was not
under subpena as a witness.
A. A. Soga. another of the senior class
students, was sworn for the defense. He
did not answer for Durrant at Dr. Cheney's
N. M. Nelson, student, was recalled by
the people to identify his notes of the lec
ture and leave them with the clerk.
At this juncture Mr. Deuprey arose and
said that he had intended to subpena both
,Pastor Gibson and Secretary Lynch yester
day, but as he had not done so he would
ask for a subpena against Mr. Lynch at
once, and for his exclusion from the court
room. He added that Mr. Lynch was a
persona non grata, anyway.
The court— Let the subpena issue against Mr.
Lynch. (To Lynch)— You will have to leave the
room now, sir, and remain within call.
Mr. Lynch— lf your Honor please, I know
nothing about the tragedy, having come here
since its occurrence.
The court— There is no call for yon to make
any remark, Mr. Lynch. Being under subpena
you must leave the courtroom, the same as a»y
Mr. Lynch went out.
"W. Sonburnt was the sixtieth student
called by the defense. He said he did not
answer for Durrant at the rollcall, and
that lie could not remember who was pres
ent at Dr. Cheney's lecture. He had taken
E. C. Van Dyke cave the same testi
mony. He had taken notes of the lecture,
had those notes with him and left them in
H. F. Walter's examination was pre
cisely the same.
W. H. Wentworth's examination dif
fered only in one respect — that he remem
bered the presence at the lecture of one
other student, Mr. Winterberg.
W. H. Winterberg's testimony was ex
actly like that of his friend Wentworth's.
W. W. Wymore did not answer for Dur
rant; could* remember no one present at
the lecture. He left his notes with the
clerk, and then answered a couple of fur
ther questions put by Mr. Barnes.
"Have you ever talked about the absence of
Durrant from the lecture?"
"Did you not state that Durrant was not
present at the lecture on the day that Blanche
8. Wyth, anotner student, was absent
from the lecture and had no notes of it.
C. L. Garvin. C. W. Dodge, F. B. Robin
son, F. B. Gray. F. W. Ross were then
called at the door, but did not answer.
W. R. Scroggs was recalled.
"Was there any other Scroggs in the senior
class in April last?" asked Deuprey.
"You were the only Scroggs of the class?"
The Bailiff— Order!
Deuprey— That is all.
S. Wyth came back to say that there
had been a member of the senior class
named E. T. Kearney, but that he died
sometime after April 3.
E. Barny was recalled to mark his notes
of the lecture and leave them with the
W. L. Blodgett, the same.
R. H. Carter, the same.
Miss If. S. Case, the same.
F. H. Church, the same.
0. V. Cross did not answer to his name.
W. H. Crothers brought his notes and
\V. R. Dorr, the same.
C. A. Dukes did not answer, nor did J. J.
Gallagher, C. L. Garvin, E. T. Glazier and
G. F. Graham.
C. E. Hablutzel came and left his notes.
Mis= M. A. Fish, the same.
G. A. B. Hall did not answer.
F. W. Harms brought his notes and left
them with the clerk.
L. C. Gregory, the same.
C. A. l'ukes, the same.
Miss E. G. Harrison, the same.
Miss C. BC Holmes, the same.
J. V. Huuhek, the same.
John V. Hughes, the same.
F. R. Jordan, the same.
Secretary H. J. McCoy, accompanied by
Judge Sawyer, entered the room at this
time and woke up the sleepers for a mo
R. Kadoma, left his notes.
E. A. Kusel, the same.
F. L. Meinhard, the same.
Miss M. J. Maloney, the samt.
H. J. McNulty, the same.
J. C. Moor, the same.
H. E. Morrison, the same.
J. H. O'Connor did not answer.
A. C. Olmsted left his notes.
Miss L. M. Ricker, the same.
M. E. Rumwell, the same.
Judge Murphy sent the bailiff after
some law-books bearing upon the court's
powers in the matter of contempt.
The names of a few more students were
called, but they did not respond The
bailiff was told to gather in all students in
the witness -room who had their notes
with them. He reported that there were
none such to be found.
Judge Murphy then said that as he had
'•a matter" to attend to at 12 o'clock, and
that hour was almost at hand, the jury
would be dismissed until 2 o'clock, though
THE SAN FRANCISCO CALL, FRIDAY, OCTOBER 4, 1895.
court would not adjourn until the "mat
ter" had been attended to.
Judge Murphy absented himself from
the courtroom for a few minutes.
SECRETARY McCOY FINED.
Ho Must Pay $250 or Go to Jail for
Five Days— lt Was Sanderson
"When Judge Murphy returned to the
courtroom, just at 12 o'clock, he wore his
. darkest storm scowl. "The case of H. J.
j McCoy, for contempt, is now in order," he
Judge Sawyer, who appeared as counsel
i for Mr. McCoy, arose and addressed the
Judge Sawyer — Pursuant to an order of the
court, may it please your Honor, Mr. H. J. Mc-
Coy is present and wishes to make a Etatement
under oath to the court. Please take the
The court— Before that is done let us see
; what the District Attorney has to present. I
j see that the matter is not in proper shape at
i this time. The rule is that the matter must be
presented in the shape of an affidavit. We
i nave had Mr. Truman's testimony under oath,
! but I find that the law requires more than that.
; An affidavit will be presented in regular shape.
! and if you desire it we can postpone the hear
! ing for another day to permit that to be done.
j You may, however, waive the affidavit, or you
; may wait for it.
Judge Sawyer— We are not here, your Honor,
to shield ourselves behind any technicalities.
Mr. McCoy waives the affidavit and desires that
the case proceed.
The court— There is one other thing. The in
formation which the court received in relation
to the matter did not come from Juror Truman,
but from Judge Sanderson, who was in the car
at the time and overheard the remark made
by Mr. McCoy. I deem it ray duty to state this,
because Mr. Truman has been the subject of
some harsh remarks in relation to the matter.
Mr. Truman said nothing about the matter
until he was questioned about it by the court.
It was Judge Sanderson, the presiding Judge of
the Superior Court, who very properly laid the
matter before this court.
At this point Judge Sanderson came into
court and took a seat beside Judge Murphy.
The latter at once asked the presiding
Judge to take the witness chair. When
Judge Sanderson had been sworn the
court said, "Proceed, Mr. District Attor
Mr. Barnes— Because of a personal feeling in
the matter, your Honor, I hope the court will
not press the request for me to take an active
part in the case.
The court— Very well, sir; if there is any
delicacy about getting at the truth I will put
the question. (To the witness)— You are the
presiding Judge of the Superior Court in this
City and County?
Judge Sanderson— Yes, sir.
The court— Were you in a McAllister-street
car Thursday last?
Witness— Yes, sir.
The court— Did you see Juror Truman there?
Witness — Yes, sir.
The court— Tell what occurred in the car, if
Witness— l got in the car and saw Mr. Tru
man seated on the opposite side from me. At
about the Baldwin Hotel Mr. McCoy got in and
saluted Mr. Truman in a friendly manner and
then spoke in this way: "Still hammering
away at the Durrant trial?" Ido not remem
ber whether Mr. Truman answered. Then Mr.
McCoy said further: "If you don't hang him
we will hang you."
The court— Are there any questions you
would like to ask, Judge Sawyer?
Judge Sawyer— What tone of voice was the
remark passed in?
Witness— lt was loud enough for me to hear
It. I sat opposite.
Judge Sawyer— Do you know whether the
gentlemen were previously acquainted?
Witness— No; I don't know that.
Judge Sawyer— How was it said?
Witness— Oh, it was said in a social, familiar
The court— You came to my chambers the
next morning and related the circumstance to
me, did you not?
Witness— l did. l thought it my duty to in
form you. I first asked you whether any iuror
had reported the occurrence. You replied that
no one had done so. Then I told you what had
The court— Mr. Truman, take the stand,
Judge Sawyer— That is unnecessary, your
Honor. He has made a statement and we do
not dispute it.
The court— l prefer to hay« the whole matter
Juror Truman then took the witness
chair, and repeated the testimony he gave
the other day. It was not materially
different from that just Riven by Judge
Sanderson, only that he did not remember
the first remark of Mr. McCoy about "ham
mering away on the Durrant case."
The court— ls It a fact that the occurrence
was not communicated to me by you until
Friday, when I asked you to come to my
Witness— Yes, sir; that is true.
Judge Sawyer — How was the remark passed?
Witness — In a very light and jocular vein,
just as he would have said, "It is a wet day."
Judge Sawyer— Did the remark have any in
iluence upon you?
Witness— Not the slightest. We changed the
conversation at once, and I forgot all about it
until it was called to my attention in Judge
Murphy's chambers. Then, when I saw Judge
; Sanderson there, I recalled the incident.
H. J. McCoy was then sworn and became
I a witness.
Judge Sawyer— How long ha\e you lived in
Witness— Fifteen years.
Judere Sawyer— What has been your occupa
tion during that time?
Witness— General Secretary of the Young
Men's Christian Association.
Judge Sawyer— How long have you known I.
Witness— For about fifteen years.
Judge Sawyer— Did you meet him in a Mar
ket-street car last Thursday at noon?
Witness — Yes, sir.
Jud(?e Sawyer— Tell what occurred there be-
I tweenyou and Mr. Truman.
Witness— l boarded the car at the foot of
Ellis street. I found Mr. Truman in the car.
: He raised his hand to mine as I came in and
i said, "How are you, old fellow?" I caught hold
| of his hand and, as I lurched against him with
the motion of the car, I made that remarK, say
i ing, "If you don't hang him I'll hang you," or
I I may have said "we." I don't remember ex
As soon as the words were out I realized
I that I had committed an indiscretion and I
was sorry for speaking so. It was very thought-
I less in me and I have not ceased to regret it
! ever since. We got off the car ai Montgomery
I street and went in to see Mr. Magee. He was
I not in and I waited. Mr. Truman went on to
'■ his place of business.
Judge Sawyer— Do you know Mr. Durrant at
Witness— No, sir; nor have I any feeling
I against him personally nor the slightest wish
to influence the verdict. The remark was no
passed with that intent.
The court — There were quite a number of
people in the car?
"You knew Mr. Truman was a juror in this
"You knew of the admonition of the court?"
"Yes, sir; and after I had made the remark I
regretted it exceedingly. It was very foolish in
me to speak as I did."
Judge Sawyer— May it please your Honor, I
do not intend to make a speech nor any lengthy
remarks. The occasion does not warrant it.
However, I think that if your Honor will take
this matter under advisement you will con
sider that this remark, which was undoubtedly
in contempt of court— there is no doubt about
that— was made in a most unguarded moment
by Mr. McCoy. It was a thoughtless and ex
ceedingly regretted remark — one that not only
Mr. McCoy but myself also greatly regretted.
It is plainly a contempt of court. We do not
seek to deny that and are ready to obey the
sentence of the court, whatever that may be.
The court— l regret this matter exceedingly,
and yet if there be any safeguards to be thrown
around a jury those safeguards must be kept
up and nobody has the right to invade them
or break them down. The court has been very
careful in its admonition to the jury because
every one on trial is entitled to a fair and im
partial trial. The opinions of others must not
be thrust on any juror in any case. To my
mind this is a very serious matter for a gentle
men like Mr. McCoy to make such a remark as
he admits to have made. The impropriety,
even the criminality, of the act was so ap
parent that it struck Mr. McCoy the moment
after he made it. Nobody, no matter how
humble or powerful he may be, has any right
to thrust himself or opinion on a juryman. If
such a thini? is permitted no person or jury is
safe. So long as I sit on the bench I intend to
see that no juror is interfered with. That, I
take it, is the duty of the court, and I intend
to see that Uie law in that matter is enforced.
Now, I am free to confees that Mr. McCoy did
not do this from any sinister motive. I think
that it was a thoughtless and unguarded re
mark; and yet if Mr. McCoy or any one else
would only think they would notice the grave
ness of the act. That it was wrong is admitted ;
I that it verges on a crime is undisputed; but
i the court cannot gloss it over and Dermit this
contempt, for such it is, to go unpunished. If
I thought that Mr. McCoy had a malicious in
j tent in this I would not hesitate for a moment
to send him to jail for the full extent. A fine
would not be sufficient.
I have seriously thought of this for some
time. Certainly I have no feeling in this mat
ter, but it is a question in my mind whether I
should send him to jail.
His Honor stopped for a moment, leaned
back in his chair in deep thought and then
From the testimony offered the court finds
the defendant, Henry J. McCoy, is guilty of a
contempt in using the language attributed to
him, ana in punishment thereof it is ordered
that he be fined .f '2so, and in default thereof
he be imprisoned in the County Jail for a term
not exceeding five days.
Mr. McCoy was somewhat shocked by ,
the severity of the sentence. Judge Saw
yer was also badly startled. He was not
prepared to act at once, so he asked that
the execution of sentence should be post
poned until next Saturday. Judge Murphy
granted the motion and a recess was taken
until 2 o'clock.
THE AFTERNOON SESSION.
A Plucky Newspaper Woman Re
fuses to Disclose the Source of
Her Information. •
In the afternoon H. S. Field, of tne
jewelry firm of Hammersmith & Field, was
the first witness.
Mr. Dickinson showed him the ring of
Blanche Lamont that is claimed to have
been offered by Durrant to Pawnbroker
Oppenheim, and asked him if such rings
were in common use in this community.
Witnesss replied that they were.
"Are you acquainted with the value of that
kind of ring?"
"Yes, sir; I have a good idea."
"How much are they worth wholesale?"
"About $18 a dozen."
"How much at retail?"
"Between $2 50 and $3."
"Are they made by machinery?"
"I think by hand. lam not. sure."
Upon cross-examination Mr. Barnes
sought to ask witness to compare Blanche's
ring with the ring similar to it and marked
among the exhibits for identification.
Mr. Deuprey objected and the court sus
tained the objection on the ground that it
was not proper cross-examination.
"Do you know of any wholesaler who has
rinps like that in stock now?" asked Mr.
"I can't say that I do."
"Have you any such rings in your stock?"
C. L. Garvin, another of the senior-class
students, was sworn. He testified that he
was present at Dr. Cheney's lecture and
did not answer for Durrant at the rollcall.
Upon cross examination Mr. Barnes
handed witness the rollcall of the lecture
in question, whereon the witness is marked
as being absent. Mr. Barnes asked witness
if the name 0. L. Garvin there was that
of the witness.
Mr. Deuprey objected, at the same time
admitting that the name was the name of
this witness. The court sustained the ob
jection. Then Mr. Barnes asked:
"Do you know whether you are marked
present or absent at the lecture of that day?"
"Not of my own knowledge. I have been told
that 1 am marked absent there."
"But, as a matter of fact you were present?"
Mr. Deuprey— Were you absent from the
clinic on the day previous?
Mr. Barnes— We object to that. This inquiry
concerns only the 3d of April.
Deuprey— We offer this to show how the error
in the rollbook occurred.
The court allowed tbe question, and wit
ness answered that he had no recollection.
Barnes— Have you any way of finding out?
"Did you take notes of the lecture?"
"Yes, sir; but I destroyed them."
C. W. Dodge, a student, was called. He
was absent from Dr. Cheney's lecture and
had secured no notes of it.
P. W. Ross was sworn.
"Do you remember seeing Durrant at Cooper
Medical College between 12 and 1 o'clock at
noon on April 3, and walking with him to the
corner of Webster and Broadway?" asked Mr.
"I recall the circumstance, but do not re
member the date."
"Was it the first week in April ?"
"1 can't recall the date at all."
"What direction did you take in your walk
with Durrunt ?"
"We went north along Webster street to
"When you reached Broadway what oc
"We sat down for a few moments and looked
over the bay."
Mr. Barnes moved to strike out all this
testimony because it did not refer to the
date in question.
The court held that the defense had a
right to offer the proof now and connect it
with the date at a subsequent time.
"Do you remember meeting anybody else at
that, time ?" ahked Deuprey.
"We met Mr. Carter on Webster street."
"Do you remember what Mr. Carter said ?"
"1 do not."
"What time did you return to the college ?"
"It was about 1 :2O, I think."
Mr. Barnes— Have you made any written
statement about this case ?
"Is there any circumstance by which you can
fix the dates of that walk with Durrant ?"
"1 think there was a lecture by Dr. Stillman
on skin diseases that afternoon."
"Have you ever discussed the matter with
"Yes, sir; on two occasions."
"Did you state to Dr. Cheney that on this oc
casion you and Durrant had luncheon together
in a Fillmore-street restaurant?"
"You didn't mention that to-day?"
"But such is tne fact?"
"Have you discussed this matter with the
"I hardly think I discussed it with him. He
asked me to recall the date."
"Did he suggest anything by which you
might recall the date?"
"No, sir; I don't remember that he did."
"Were you ever at luncheon at the Fillmore-
Btreet restaurant before?"
"How long have you known Durrant?"
"About a year."
"Did he, at this time, mention to you that he
had an engagement with Blanche Lamont?"
"He never mentioned her name to me."
"Did you ever state to anybody that Durrant
spoke of the engagement to you?"
"Witness was then asked if he had made
such a statement to George Tewell in Sep
tember last, or to Mr. Mansfield in an in
terview at San Jose. He replied that he
had not made any such statement.
R. H. Carter was sworn, but before Mr.
Deuprey could put the first question Mr.
Barnes asked the witness if he had not
been in the courtroom all the afternoon.
He replied that he had.
The couit— Well, that fact may subject the
witness to punishment, but it will not bar his
testimony. (To witness) Did you not hear the
instructions of the court for all witnesses to re
main outside the room?
Witness — No, sir; I Knew of no such rule.
Deuprey— Do you know F. W. Ross?
•'Did you meet Ross and Durrant on Webster
street on the afternoon of April 3?"
"I can't recollect the date. I met them one
"What is your best recollection T"
"1 met them about that date."
"Which way were they going?"
"They were going north, away from the col
lege. I stopped and told them they had better
come back with me. I remember that when I
got to the college I found a notice posted that
Dr. Stillman's lecture would be fifteen minutes
late. Then I regretted that I had not accom
Barnes— What was the subject of the lecturef
"I can't recall that. Dr. Stillman was lectur
ing on skin diseases at that time. I don't re
member what lecture it was. I took no notes
Dr. Gray, the student who made the roll
call at Dr. Cheney's lecture, was recalled.
He said he did not answer for Durrant
and that he could recollect no individual
student who was present then.
Juror Smyth— Did you hear any one answer
to the name of Durrant?
"I can only answer by the rollcall. I have no
Deuprey— Did you hear Austin answer to his
"I can only say as I did before that I am
guided solely by the rollbook and have no rec
ollection beyond It."
The court— Have you any personal recollec
tion of any names being answered?
Mr. Barnes— Did you lend your notebook to
any students in the class?
"I don't remember; I may have done so."
Witness was then permitted to make a
correction in his former testimony con
cerning the rollbook. The correction was
to the effect that the rollbook had not gone
out of his possession.
H. Gums, another student, was called to
identify, mark and leave behind him hia
notes of Dr. Cheney's lecture.
Oliver S. Goodell, a teacher at the
School of Mechanical Arts, was sworn.
His testimony in the main was that on the
sth of April Durrant called at the school
and remained there from 11:15 until 11:45
A. M. This was to further show the where
abouts of Durrant between the 4th and
10th of April, when Oppenheim claims
to have seen him.
On cross-examination Mr. Barnes asked:
"Did he state to you his purpose in visiting
•'He said he came to see the school."
"Did he mention the name of any individual
he desired to see?"
"Did you have a conversation with T. A.
Taggart about this matter?"
"Yes, sir; in a store on Eddy street."
•'Did you state to him that Durrant had been
out to the school on that date to see Miss
Turner, and that as she was not there then he
had gone away."
Deuprey objected to this, but was over
ruled, and witness answered:
"I probably expressed that as my opinion.
He told me he came to see the school, but I
had reason to believe otherwise."
"But did you state that to Mr. Taggart?"
"I didn't state it as a fact; only as my
"Is it not a fact that you stated to Mr. Tag
gart that you fixed tne date as the sih in two
ways— because it was the day you exchanged
places with another teacher, and that it was
the date, as shown on the rollbook, upon
which Miss Turner was absent?"
"I probably did."
"You know Miss Edna Lucille Turner?"
"I do ; she was a member of the school at
Then came the witness who furnished
the sensation of the day, Miss Carrie Cun
ningham by name, a small but comely and
very plucky little woman, who was not
shaken in her purpose by the very darkest
of Judge Murphy's frowns.
She la one of the brightest newspaper
women in the City, at present employed
on the Chronicle. It was she who discov
ered, from a newspaper standpoint, one of
the most important witnesses for the pros
ecution—Mrs. Leak, who testified to seeing
Blanche Lamont and the prisoner going
into the churcn together.
Mr. Dickinson showed Miss Cunningham
a scrapbook and she identified her
"scoop," headed: "Saw Blanche Lamont
Walk to Her Death."
There was some discussion at first as to
the relevancy of her testimony. Judge
Murphy read the article and then ruled
that she might be examined upon it.
"Where did you obtain the information upon
which you based that article?" asked Mr. Dick
Mr. Barnes objected and the court ruled
that she should first be asked whether she
obtained any of the information from Mrs.
Witness answered that she did not-
Then Mr. Dickinson reiterated his
Mr. Barnes objected, saying that no
foundation had been laid in the cross
examination of Mrs. Leak.
The record was referred to, and Judge
Murphy expressed the opinion that the
District Attorney's position was correct.
There was considerable argument on the
point then, and finally Judge Murphy said
that as he would rather err on the safe
side he should permit the question,
though it did look very much like a fishing
"Where did you obtain the information upon
which that article was based?" repeated Mr.
"I decline to say."
The court— But I have already ruled that you
may answer the question.
"I decline to do so/ said the witness, quite
calmly and unpretentiously.
Dickinson — I must insist upon the question.
The court (somewhat astonished and begin
ning to frow.'i)— l shall have to direct you to
answer the question.
"I have given my word of honor that I would
not reveal the source of my information," said
Miss Cunningham, very mildly, but not at all
The court— The court directs you to answer
the question. Miss Cunningham, and will com
mit you to jail unless you answer.
Witness— l shall not answer.
Judge Murphy squared himself around
until he faced the witness directly and
then admonished her at some length. He
told her that her word of honor could not
bind the court and that he would surely
send her to jail unless she answered the
Still the witness refused.
Mr. Dickinson and Mr. Deuprey both
arose and were about to speak, but Judge
Murphy was thoroughly aroused and
would permit no interference. He said:
"I will attend to this now, gentlemen. (To
the witness) I shall commit you to jail unless
you answer the question. Do you still refuse
"Yes, sir. I cannot answer that."
The court— Very well. Mr. Clerk, make out a
commitment to the County Jail for this young
The witness remained impassive. Mr.
Dickinson and Mr. Deuprey rose again,
and the latter asked that more time be
permitted the witness.
"It is near the hour for adjournment now,"
said Mr. Deuprey. "and I think the ends of
justice will be fully preserved by allowing
Miss Cunningham to think over the matter
until to-morrow morning."
The court— Well, I will follow that sugges
tion. You are to be here to-morrow morning at
10 o'clock. Miss Cunningham. In the mean
time, I advise you to consult your friends or
an attorney and come prepared to answer the
An adjournment was then taken until
this morning. Many in the courtroom at
once crowded around the plucky little
woman, commended her course and ad
mired audibly her bravery in adhering
stoutly to what she conceived to be her
course of duty.
THOSE WATER FRONT LOTS.
Harbor Commissioner Colnon
Has Refused to Sign the
Mrs. Errickson Wants Damages for
an Arm Broken at the
The Harbor Commissioners held a very
quiet session yesterday. A woman who
was injured two weeks ago while landing
from a narrow-gauge ferry steamer pre
sented a claim for damages, with tears in
her eyes, but the board insisted upon wait
ing for an opinion from its attorney.
About a fortnight ago Mrs. Errickson of
Alameda was on her way to the theater.
She landed from the steamer Bay City and
while on her way up the wharf stumbled
over some stringers that had been left
around by the contractors and broke her
right wrist in two places.
She applied to the Southern Pacific for
redress, but Superintendent Wilder re
ferred her to the Harbor Commissioners.
"A nice easy way for the railroad to get
out of trouble," said Commissioner Chad
bourne. "It looks to me as though it was
shifting its responsibilities to our shoul
ders." The case went over to next Wednes
The matter of signing the lease of the
water-front lots to P. B. Cornwall also
went over. President Colnon refused to
sign it on the ground that the lots were
not properly described. He scored the at
torney who drew up the deed for his inac
curacy, and wanted to know if the State
was paying him |200 a month for making
mistakes. The secretary pointed out that
the deed was drawn in accordance with the
advertisement, and when that was found
to be true the board decided to find out
whether the whole proposition would have
to be readvertised before going further.
CAPTAIN AND MATE TEIED.
Officers of the Ship Crofton Hall Dis-
obeyed the Wharfinger.
An interesting case was heard in Judge
Conlan's court yesterday, involving the
right of the chief wharfinger to remove a
vessel from one location to another.
Captain Raymond Parker of the ship
Crofton Hall and his first mate, Robert B.
Watts, were charged with a misdemeanor
in refusing to move the vessel twenty feet
from alongside Fremont-street wharf when
ordered to do so by J. G. Boobar, chief
wharlinger, on September 28.
After hearing the evidence for the prose
cution and defense the Judge reserved his
decision till to-iiay, but he intimated that
he would convict the defendants.
Machinery for Caribou.
A large consignment of hydraulic pipe ar
rived from Sacramento by steamer last evening
consigned to the Horsefly Gold Mining Com
pany, en route to the company's mines in Car
ibou, 3ritish Columbia. The last steamer
carried away fifty tons of thirty-inch steel pipe
and other hydraulic appliances for the same
The Greatest Known in
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The Sales of His Remedies
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Bottles in San Francisco
Alone Since Mon-
What Better Proof of the Efficacy of
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From Monday until Tuesday afternoon
20,087 vials of Munyon's Rheumatism Cure
were given away free to . the public, and
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FIFTY THOUSAND DOLLARS
Spent in advertising could not have created
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away only four persons have reported no
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Munyon's Rheumatism Cure i 3 guaran-
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body. Acute or muscular rheumatism can
be cured in from one to five days. It speed-
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and all rheumatic pains in the back, hips
and loins. It seldom fails to give relief
after one or two doses, and almost in-'
variably cures before one bottle has been
STOMACH AND DYSPEPSIA CURE.
Munyon's Stomach and Dyspepsia Cure
cures all forms of indigestion and stomach
trouble such as rising of food, distress
after eating, shortness of breath and all
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Munyon's Kidney Cure cures pains in
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desire ip pass water, dark colored and
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Catarrh positively cured. Are you will-
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a 25-cent bottle of Catarrh Tablets. The
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puts up specifics^for nearly every disease,
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' All communications addressed to Mun-
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offlce "will meet with prompt attention.
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VNO PERCENTAGE PHARMACY;*
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Office Hoars: 9to 12, < -^^^/j%fi^\
Office Hours: 9to 13, <-""^ *SS//mS^S
1 to 4 and 5 to 7. Sun- "^*|P*
day, 9 A. M. to 12 31.
Li Fo Tai Jr., son of. the famous Li Fo
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>^ • 220 Mabket St., 8. F., Oac . | :
Wright's Inflian VegetalJle Pills
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With this remedy persons can cure themselves
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