The San Francisco call. [volume], October 02, 1895, Page 5, Image 5

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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MR. McCOY TALKED TO A DURRANT JUROR
The Secretary of the Y.
M. C. A. Summoned
for Contempt.
AN INDISCREET REMARK.
Schoolmates of the Prisoner
Who Contributed for His
Defense.
TO CONTBADICT OPPENHEIM.
Three Tomales Men Who Say Clark's
Reputation Is Bad— Another
Rollcall.
THE DURRANT TRIAL IN A MINUTE— Me-
COY'S INDISCRETION.
Yesterday witnessed the beginning of the
third month in the trial of W. H. T. Durrant
for the murder of Blanche Lament and the
fifth week of the hearing of evidence.
Jur^r Truman was called to the stand by
Judge Murphy and asked concerning an indis
creet remark made to the juror by Secretary
McCoy of the Young Men's Christian Associa
tion la?t Thursday in a Market-street car. The
remark was, "If you don't hang him we will
hang you."
The Judge summoned Mr. McCoy to appear in
court Thursday at noon and show cause why
he should not be punished for contempt.
Witness Martland, a plumbing expert, was
further exaniined about the sunburners in
Emmanuel Church.
Leonard Everett, Marvin Curtis, P. J. New
man and W. T. Cathcart testified about taking
different articles to pawn to Oppenheiin's
shop. They described the clothes they wore
there. These young men, with one exception,
proved to be old classmates of Durrant, and
two of them had contributed money toward
his defense. :
Patrick Conley testified as to a conversation
he bad with Witness Phillips roncerning the
latter' s testimony. Conley's version was slight
ly different trom that told by Phillips.
Patrick Mulvaney, John Fatten and M. L.
Murphy testified that the reputation of Wit
ness Clark was not good. Two of them had
trouble with Clark's father.
Dr. A. W. Hayshalt brought his rollcall of a
lecture delivered in the morning of April 4.
It showed Durrant marked as present, but wit
ness had no personal recollection on the sub
ject. . :
George A. Merrill testified that Durrant
visited the School of Mechanical Arts on the
morning of April 5. These latter witnesses
were to disprove Oppenheim. ■
The trial goes on this morning.
THE EIGHTEENTH DAY.
McCoy Indiscreet — Witnesses to
Disprove Oppenhelm's and
Clark's Testimony.
The fifth week of the hearing of evidence
in the trial of Theodore Durrant opened
yesterday morning.
Last Thursday at noon Secretary H. J.
McCoy of the Young Men's Christian As
sociation met Juror L J. Truman in a
Market-street car and accosted him with
an exclamation, the substance of which in
Juror Truman's language was:
"If you doa't hang Purrant we will hang
you!"
Juror Truman related the incident to
Judge Murphy. And the first proceeding
in court yesterday morning was the swear
ing of Juror Truman as a witness. Judge
Murphy himself did the questioning.
Mr. Truman said the remark was evi
dently a very thoughtless and unpremed
itated one and that it could have no possi
ble influence upon him in forming his ver
dict. Juror Crocker was present at the
time, but did not hear the remark.
After Mr. Truman's testimony Judge
Murphy ordered a writ made out against
Mr. McCoy, citing him to come into court
to-morrow and show cause why he Bhould
not be punished for contempt. Judge
Murphy remarked at the same time that
he was not disposed to be lenient toward
such offenders.
The trial of Durrant for the murder of
Blanche Lamont went on. ft. W. Mart
land, the plumbing expert, came back on
the stand and offered further testimony to
show that it might have been a physical
possibility for Durrant to be overcome
with gas.if he had gone into the church
alone and for the sole purpose of fixing
the gasburners, and if he had turned on
the gas before going in the loft to reach
the sunburners. It was a dusty place up
there, witness said.
There came a quartet of witnesses to im
peach the testimony of Pawnbroker Op
penheim. They were Leonard Everett,
Marion Curtis, P. J. Newman and William
T. Cathcart. All of th.m called upon
Opnenheim recently ai<l offered dif
ferent articles in pawn— articles' which
were shown to and identified by Oppen
heira upon his cross-examination.
Upon cross-examination Mr. Barnes
drew out the fact that all but one of these
witnesses were old schoolmates of Dur
rant, and two of them had contributed
money toward paying the expenses of his
defense.
There came a witness then whose testi
mony, it was claimed by the lefense,
tended to impeach that given by Witness
Phillips, who said he saw Durrant i:i front
of Oppenheim's store. The prosecition,
however, looks upon it as rather a cor
roboration of what Phillips swore to when
he was on the stand, Patrick D. Conky is
the witness in question. He related con
versations he had with Phillips in relation
to the latter's testimony.
Three gentlemen from Tomales then suc
ceeded one another in the witness-chair.
These were John Patten, Patrick Mulva
ney and M. L. Murphy. One and all they
said they knew the witness, Clark, and
that -his reputation for truth and integrity
was not good in the neighborhood of To
males.
It transpired, upon cross-examination,
that two of these gentlemen had trouble
with Witness Clark's father, and that
Witness Clark owed one of the Tomales
gentlemen— Mr. Mulvaney, the saloon
keeper—an unpaid balance of $10. Mr.
Mulvaney also remarked that be had some
feeling against David Clark, who corrobor
ated the testimony of Martin Quinlan as
far as fixing the date upon which the lat
ter saw Blanche and Durrant walking
down Bartlett street toward Emmanuel
Church.
With the appearance of Dr. A. W. Hay
shalt on the witness-stand the defense be
gan its testimony to show that Durrant
was otherwise engaged during the morn
ing hours of April between the 4th and the
10th, and therefore could not have visited
Pawnbroker Oppenheim's shop at the time
claimed.
Dr. Hayshalt brought along his rollcall
of the lecture he delivered on the morning
of April 4at Cooper Medical College. The
book showed that Durrant was marked
present. Whether he was actually present,
Dr. Hayshalt could not testify.
As to Durrant's whereabouts on April 5.
George A. Merrill testified that he came
out to visit the School of Mechanical Arts
that morning shortly after 11 o'clock. Mr.
Barnes will argue that this fact would not
have precluded the advent of Dnrrant at
the pawnbroker's at 10 o'clock or before
that. When Mr. Barnes asked about Lucille
Turner Mr. Merrill admitted that she was
a pupil of his. .But the rules of evidence
intervened here and did not permit the
District Attorney to show that Durrant
visited the school to see Miss Turner. This
young lady's name has been mentioned in
the case before, outside of court, and the
probabilities are that it will be mentioned
again inside the court when the rebuttal
testimony is offered.
The trial continues this morning.
THE MORNING SESSION.
H. J. McCoy Summoned for Con
tempt of Court in Speaking: to
Juror Truman.
It was Judge Murphy who broke the
THE WITNESSES AT THE TRIAL, OF DURRANT YESTERDAY.
"•■■;; -.;..• ■.;-■ ':... ;:■ [Sketched by a " Call " artist.]
silence immediately succeeding the open
ing of court. Said he :
"It has come to my knowledge that a citizen
has committed a grave impropriety in speak
ing to one of the jurors in this case. I cannot
ignore such a serious thing as this and feel
compelled to take some action in the matter at
once, to prevent, if possible, the recurrence of
such a most improper proceeding. In order to
take hold of the matter properly, I shall call
the juror in question to the stand. I do not
take this course because I tnink the remark
passed could have any influence on the juror,
but because it is the court's plain duty not to
pass by 6uch an incident. Will you take the
stand. Mr. Truman?"
"Mr. Truman, upon last Thursday were you
riding in a streetcar, upon the adjournment of
court?" asked the Judge.
"Yes, air."
"And did any one speak to you or accost you
in reference to this case?"
"Yes, sir."
"Now tell us exactly what took place."
"it was during the noon adjournment last
Thursday. Mr. Crocker and myself usually go
downtown together on the same car, and — ;>
"Is the Mr. Crocker you mean a juror in this
case?"
"Yes, sir." :
"Tell what occurred."
"Mr. Crocker and I took the car in front of
the building here. We. rode- inside. When we
got quite a ways down Market street a pentle
man got on. He came In the car and accosted
me. lam satisfied that he forgot himself for
the moment, but in view of the admonition
invariably Riven us by the court I know that
his remark was improper. He made it thought
lessly and unintentionally, I am sure. It was
only a single remark, and then he said no
more."
"What was the remark?"
"It was something to this effect, 'If you do
not hang him we will hang you.' "
"Who wrs the gentleman?"
"H. J. McCoy."
"Wis the remark made in a public street
car?"
"Yes, sir."
"Loud enoueh to be generally heard?"
"Yes, sir."
"Did the remark have any effect on you?"
"No, sir."
"Will it have any effect upon you in judging
this case?"
"Not a particle, sir."
"Mr. Clerk, you are instructed to make an
order citing Mr. McCoy to come into court and
show cause why he should not be punished for
contempt of court. Mr. District Attorney, you
will have the matter put into proper shapte
before the court. Make the order returnable
day after to-morrow at 12 o'clock.
"lam satisfied," continued the court, "that
Mr. Truman could not be influenced by any
idle talk like this, but it is the duty of the
juror to report every such occurrence as this to
the court. The prosecution and the defense
both have rights in this case that must be ob
served by every citizen and no citizen must
undertake to interfere with these rights. It is
a very serious matter to say anything to a
juror that mifrht influence him— it borders on
a very grave crime, in fact. lam satisfied that
no outside remarks would have the slightest
influence with any member of this jury. Nev
ertheless I am not disposed to view with any
leniency such a remark as that passed by Mr.
McCoy. He must appear in court and answer
that summons. That is all, Mr. Truman."
Barnes— l would ask that Mr. Crocker be also
sworn, your Honor, for it appears that he was
present when the remark was made.
The court— Yes; let Juror Crocker be sworn.
"Did you hear the remark ?" asked the court
of Juror Crocker, when he had been sworn
"I did not hear it."
• I,',' I**1 **' tnen > you received no impression from
"No, sir."
"The District Attorney will attend to the
matter of the writ for Mr. McCoy."
Witness R. W. Martland was recalled to
the stand and examined further concern
ing the sunburners and the electrical ap
paratus. He said the distance between the
gas jets and the base of the ventilators was
six inches.
If a man went into the church alone to
test the sunburners he would be apt to
turn on the gas before he went up to the
sunburners. There was no ventilation
from the ventilating apparatus, witness
further said. He held a match in the
opening while three of the plates were off
and there was not enough of a draft to
put out the fire.
Upon cross-examination Mr. Barnes
asked witness if it was a very dusty place
up there at the gas-burners?
"It is," said witness.
"And you got your clothes dirty in making
the f xamination?" *
"I wore overalls."
"Di<l you consider the general ventilation of
the church?"
"No, sir; only concerning the sunbumers."
Juror &mythe-Is it necessary to turn on the
gas before testing the electrical apparatus for
lighting the sunburners?
Witness— lt is not necessary, but you could
not get a good jdea of whether the cap vibrated
properly unless you did.
Juror Dutton— Where you turn on the pas
—near the tmnburners?
Witness— No, sir; in qnlteanother part of the
Duilding (Dointing it out on the diagram).
Mr. Barnes— You made all these examina
tions in September?
Witness— Yes, sir.
Barnes-Then I move to strike out all the tes
timony of this witness, because it does not
tend to show the condition of affairs on April 3
The court— Oh, that is a matter for the jury
to consider, I think. They have a right to
show the condition of the church at any time
I suppose. I overrule the motion to strike out!
Leonard Everett was the next witness,
and the first of a coterie of witnesses who
took different articles of jewelery to Oppen
THE SAN FRANCISCO CALL, WEDNESDAY, OCTOBER 2, 1895.
heim's pawnshop, in order to test nis
memory for faces and clothes.
Mr. Everett testified he took a charm to
the pawnshop on the 6th of September.
He had a conversation with the pawn
broker, the subject of which, however, he
wasn't permitted to rerjeat.
"How were you dressed then?" asked Dickin
son.
"I had on a brown hat, brown suit, dark neck
tie and neglige shirt."
"How long were you there?"
"About three minutes."
"What is your height?"
"Five feet six."
"Did you wear a mustache on that day or an
overcoat?"
"No, sir."
"Or whiskers?"
"No, sir."
Martin Curtis of 16 Taylor street was
placed on the stand.
"Did you visit 405 Dupont street, Oppen
heim's place of business?"
"Yes, sir: at your request I went to pawn a
watch on August 30."
"How long were you there?"
"About four minutes."
"What is your height?"
"Six leet.*'
"Did you wear whiskers or overcoat?"
"Only the same mustache as I have. I wore
no overcoat."
"Did you talk with Oppenheim?"
"Yes, sir."
"Was Oppenheim reading anything at that
time?"
"Yes, a newspaper, near the counter."
"How close did he hold it to his eyes?"
"The paper was on the counter; he was lean
ing over it, and his eyes were about two inches
from the paper."
"What aid you go to Oppenheim's for?"
"To pawn a watch."
Dickinson offered the watch in question
in evidence, which was objected to by Mr.
Barnes.
Judge Murphy— l fall to see wherein the ad
mission of the watch as evidence is at all rele
vant or Mill aid in any particular, but to avoid
controversy I will admit it. The objection will
be overruled.
Dickinson— How were you dressed on that
occasion?
"As lam now. Black sack coat, light trou
sers and slouch hat."
Barnes— At whose request were you sent to
Oppenheim's?"
"General Dickinson's."
"Are you a member of the N. G. C.T"
"Yes, sir-"
"Of the signaf corps?"
"No, sir."
"Were you one of the heliographers on Tele
graph Hill?"
"No, sir."
"Have you visited the defendant since he has
been in custody?"
"I tried to once, but could not get in."
"Have you subscribed any money for the de
fense?"
"Yes, sir."
"Are you connected with the Morse detective
agency?"
"No, sir."
Leonard Everett was recalled. He iden-
SECRETARY HENRY McCOY.
tified the locket he tried to pawn with Mr.
Oppenheim, and it was introduced in evi
dence.
"While you were in the store what did you
observe?"
"He put the locket very close to his eye and
examined it. He afterwara looked at it with a
glass."
Barnes— Do you belong to the signal corps?
"Yes, sir."
"How long have you known the defendant?"
"About seven or eight years."
"Ever go to school with him?"
"Yes, sir."
"Did you subscribe any money for this de
fense?"
"Yes. sir."
P. J. Newman of 855 Harrison street, a
cigar-dealer at Montgomery and Bush
streets, was the next witness.
"Did you visit Mr. Oppenheim at his pawn
shop?" asked Mr. Dickinson.
"I did, at your request." 1
"What did you try to pawn?"
"A watch."
"Show me the watch?"
The witness pulled a gold watch from his
pocket and said:
"This is it."
"Has it a monogram on it?"
"Yes."
"What conversation did you have with Mr
Oppenheim?"
"He said that the watch was not worth much
to a pawnbroker on account of the monogram."
"How does that agree with the testimony of
Mr. Oppenheim?" asked the court.
"It is substantially the same," replied Mr
Deuprey.
"I don't care so much about the conversa
tion as I do for the description," remarked Mr.
Dickinson.
"How were you dressed on that day?"
"The same as I am now, in black."
Mr. Barnes— You are a graduate of Lincoln
School?
"Yes, sir: I knew Durrant at that time."
"You are not a member of the signal corps?"
"No, sir."
"You are a member of the Olympic Club?"
"Yes, sir." •
"Ever see defendant there?"
"No, sir."
William P. Cathcart was called.
"Have you ever visited the pawnshop of
Oppenheim ?"
"Yes, sir, at General Dickinson's request, on
August 24."
"Did you ever see this corxscrew before ?"
pointing to it.
"Yes, sir; on August 24 I took it to Oppen
heim."
"How were you dressed ?"
• "I had on a large brown slouch hat and dark
sack coat, with light pants."
"Your facial expression was the same then
as now ?"
"Yes, sir."
"How tall are you ?"
"Five feet seven."
Mr. Barnes— Are you acquainted with th« de
fendant ?"
"No, sir."
"Are you a member of the signal corps ?"
"No, sir."
"Have you been in the room while theie
other gentlemen were being examined ?"
"I jast stepped in."
"Did you hear what was said ?"
"No, sir."
"Did you pay any attention to Oppenheim
while you were there?"
"No, sir."
"Did he wear spectacles?"
"No, sir."
"Did he have his coat on?"
"That I can't state positively."
"Did he have a hat or cap on?"
"I don't know."
Patrick Darcy Connolly of San Rafael
took the witness-chair next. He said he
was in the saloon business, and that he
was acquainted with W. J. Phillips.
"Has Mr. Phillips been in your place of busi
ness lately?"
"Yes, sir."
"Did he have a conversation about seeing
Durrant in front of Oppenhelm's pawnshop?"
"Yes; he said he was passing the store when
he saw Dnrrant talking to Oppeiiheim near the
door. He had something in his hand, and was
tossing it uji and down."
"Dirt lie say anything about, how he identi
fied Dnrrant by his picture?"
"He said he put Durrant's picture on the
wall and put a slouch hat over it. He then
said he was satisfied Durrant was the man he
saw, as he identitU'd every feature."
John Patten was sworn as the next wit
ness.
"Where do you reside?" asked Mr. Deuprey.
"At Tomales, Miirin County. I've resided
there eighteen years. I have been in the har
ness business."
"Do you know the witness, David Clark?"
"I've seen him several times."
Mr. Deuprey — Do you know what his general
reputation is and was for truth and integrity?
Jlr. Barnes— Your Honor, I would ask that
the witness be instructed.
The witness was then instructed to speak
not of his personal knowledge, but in
general as of the people.
Mr. Deuprey— Do you know what Mr. Clark's
reputation is?
"Only by hearsay. I never had any business
with him."
Mr. Deuprey— l didn't ask you that.
Judge Murphy— How long ago is ii that you
heard anything concerning Clark?
"Probably live or six years."
Mr. Deuprey— What is'his reputation?
"It is bad."
"Do you ruppose it bad, or do people say so?"
"I think people say it is bad."
Mr. Barnes— Do you remember any one per
son who spoke badly of him?
"Mr. Mulvaney, Owen Smith and others."
"Is Mr. Mulvaney here?"
"Yes, sir."
"Where are you stopping In this City?"
"On Mission street.''
"What is your friend's name?"
"I don't know; I only know him by sight."
"How long have you known Mulvaney?"
"Several years."
"Does he keep a saloon?"
"Yes. sir."
"Do you know hio son?"
"Yes, sir."
"That's all."
Patrick Mulvaney of Tomales was called.
He testified he had lived at Tomales four
teen years and was engaged in the hotel
business.
"Do you know David Clark?"
"I have known a gentleman by that name
about twelve years."
'•Do you know the general reputation of
David Clark at Tomaies for truth and honesty
among the people in which he lived?"
"I do."
"What is it. good or bad?"
"Bad."
• Mr. Barnes was not prepared to proceed
with the cross-examination of the witness
and he was ordered to return at 2 o'clock.
M. L. Murphy of Tomales was sworn
then. He has resided there nineteen years
and knows David Clark. He said:
"What was his general reputation?"
"I shouldn't think it was good."
"Take the witness."
Before the District Attorney began the
cross-examination of Mr. Murphy the court
ordered an adjournment until 2 o'clock.
THE AFTERNOON SESSION.
Trying to Prove the Whereabouts of
Durrant at the Time When Op
penhelm Says He Saw Him.
In the afternoon Mr. Murphy of Tomales
was recalled by Mr. Barnes for cross-exam
ination.
"Where did you stop last night?" asked the
District Attorney.
"At the Preseott House."
'•Do you know a man named James Keys?"
"Yes, sir."
"Did you ever have any trouble with David
Clark?"
"Xo, sir."
"Did you have any trouble with his father?"
"Yes, sir."
Mr. Mulvaney came back to the witness
stand, and Mr. Barnes asked:
"Are you acquinted with John Clark, the
father of David Clark?,'
"Yes, sir."
"How long have you known him?"
"Seven or eight years."
"Did you ever have any trouble with him?"
"Yes, sir; in a lawsuit."
"Did you have a mortgage on his farm?"
"No, sir." j*
"Does David Clark, the witness in this case,
owe you any money?"
"Yes, sir."
"How much?"
"Ten dollars."
"Have you any feeling against him on that
account?"
"Not particularly on that account."
"Then you have some feeling against him?"
"Yes, sir."
"Did you keep a saloon before you kept the
hotel?"
"Yes, sir.
Dr. A. W. Hayshalt, at present at the
State Insane Asylum as house physician,
but a lecturer at Cooper Medical College
in April last, was the next witness.
In answer to Mr. Dickinson's questions
he said that on April 4 last he delivered a
lecture on the "Physiology of Chemistry
at the Cooper Medical College between 10
and 11 o'clock in the morning. Witness
had the rollcall of that lecture with him.
It showed that Durrant was present at
that time. Mr. Dickinson offered it in
evidence.
The District Attorney objected to this,
maintaining that the whereabouts of the
defendant on April 4 was not the subject
of this inquiry.
Mr Dickinson— This testimony is offered to
disprove that of Oppenheim, who said that
Durrant culled at his store in the morning
some day between April 4 and 10.
The i-ourt— l will allow the evidence for that
purpose.
Mr. Barnes (cross-examining)— What time
did the lecture begin?,
"At 10 o'clock."
"How long do your lectures last?"
'•The actual lecture does not always last a
full hour."
"Do you know of your own knowledge
whether the defendant was present at that
lecture?"
"1 do not."
Deuprey— We object to that.
The court— 'l he objection is overruled.
"Then you testify, as to Durrant'a being pres
ent or absent, only from what the rollbook
shows?"
"Yes, sir. Ido not remember further as to
Mr. Durrant."
Dickinson— What was the number of students
in your class?
•'About seventy-four, I think."
"How many were present that day?"
"I can toll by looking on the roll. Fifty-one
students answered to their names."
"To what extent do you know the students?"
"Some of them I know intimately ; some I
only know by sight. I know all of them at
least by sight."
"How many do you remember seeing present
that morning?"
"I can only guess at that now — about a dozen.
If I had time to think it over I might enlarge
the number."
The Court— How long have you lectured at
the college?
Witness— Five years.
The Court— Do you know of any instance in
which one student answered for another at the
rollcall?"
Deuprey— l object to that.
The Court— Well, I shall withdraw the ques
tion as far as the court goes. I think it proper,
though.
Dickinson— We certainly object to any such
a question. We have conlined our inquiry to a
certain day and hour and should not be bound
by any inference that may be drawn from a
custom, if that be the custom.
Barnes (repeating the court's question In
another form)— l insist upon the question. It
seems to me competent in every way and cer
tainly bears considerably in this case.
Dickinson— We insist that it does not throw
light upon the particular point in question.
The court— The witness says he does not have
any personal recollection of the defendant
being present. It seems to me, if it were a fact
that one student answered for another, that
would have weight as to showing what de
pendence is to be placed upon the roll.
Dickinson— The best evidence, your Honor, is
always the most direct evidence. The prosecu
tion can call all the students and ask them if
any one answered for Durrant. I submit that
the cross-examination should be limited to the
precise hour and day in question.
The court-But thecustom, if it were a custom,
would surely go toward establishing what de
gree of weight the rollcall has. You do not
contend that it would not?
Dickinson— l can only reiterate our conten
tion that the direct evidence is always the best
evidence.
The court— Of course, that is the rule. The
most direct testimony, where it is available,
should De produced. To be on the safe side I
think I will allow the objection and not permit
the question.
Barnes (to witness) — Did you attempt in any
way to verify the correctness of the roll?
"Not particularly."
"You simply marked 'present' when the
voice answered?"
"I did unless some doubt was raised in my
mind by the tone in which the answer came."
"Do you remember any such instance occur
ring on the 4th of April?"
"Yes, sir ; I think I do."
"How long have you known this defendant?"
"1 have known him by sight several years; I
could not always have called his name. I
could not have done so iv April last, but I
kiif w him very well when I saw him."
"When was the roll called, before or after the
lecture?"
"Before the lecture began."
Juror Smyth— Did anybody leave the class
during the iecture?
Witness— l don't remember that.
Dickinson— Where did you deliver the lec
ture?
"In the main lecture-room."
"Was the door locked or unlocked during the
lecture?"
"I don't think it was locked."
George A. Merrill of the School of Me
chanical Arts* at Sixteenth and Utah
streets was sworn. He testified that he
had known the defendant tor several years.
On the sth of April last at 11:15 o'clock in
the morning Durrant came to the school.
He said he dropped in to see the school,
said witness.
"Was any one else present when you saw
him?" asked Attorney Dickinson.
"Yes, sir; one of the teachers, Oliver Good
ell."
"Do you know when h e left?"
"No, sir; but I heard he staid till 12."
The court— Let that be stricken out— what
the witness heard.
"How far is the school from the City Hall?"
"Just a mile — the mile circle passes through
In cross-examination Mr. Barnes asked :
"Do yofi know Lucille T urner ?"
"Yes, sir."
"Is she a student at your school?"
"Yes, sir."
"Was she a student there on April 5 of this
year?"
Deuprey— We object to this.
The court— l will overrule the objection.
Witness— Yes, sir; she was a student.
"Did Durrant make any statement to you
concerning his purpose in visiting the school?"
asked Mr. Barnes.
Deuprey— We object to that.
The court— He may answer yes or no.
Witness— Yes.
"What was that statement?"
Deuprey— We object.
The co urt— How do you claim that is cross
examination?
Barnes— l withdraw the question. (To wit
ness)— How long a ride on the cars is it from
the City Hall to the school?
Witness— About 12 or 15 minutes, ii you
make the connections all right,
Mr. Dickinson called for Barclay Hen
ley. There was no response. He* called
for A. P. Overton, then for O. H. Holt, but
there was no response to any of the names.
"In view of the fact that there are no further
witnesses present," said Mr. Dickinson, "I am
compelled to ask the court for an earlier ad
journment this afternoon. Some of the wit
nesses live in Sonoma County, and they may
not have received our letters."
"Have they been Bubpenaed?" asked the
ennrt.
"Yes, sir; here are the proper returns;"
"Then I suggest that attachments be issued
for them."
"We will telegraph for them to-night," said
Mr. Deuprey, "and then if they do not respond
we will ask for the attachments."
"Very well, gentlemen. I do not desire to
break in upon the order of your testimony,"
said Judge Slurphy, "but we must proceed with
more celerity."
Dickinson— l would like to suggest to the
court before adjourning that the jurors be re
quested to turn over to the court any anony
mous letters they may receive. I know that
Doth the prosecution and the defense receive
them every day, and—
The court— Yes; I receive them myself. Half
a dozen of them come to me every day ; but, of
course, the jurors are not to be Influenced by
anything like that.
Dickinson— Certainly not, your Honor, but I
suggest it so that we may perhaps be able to
find out who the guilty persons are and have
them punished.
Judge Murphy followed the suggestion,
and in administering his customary lec
ture to the jurors not to form or express
any opinion on the case or to permit any
one to speak to them concerning it, he
added that if any anonymous letters were
received by ans- of the jurors they should
not be read, but handed over to the court.
An adjournment' was taken until 10
o'clock this morning.
McCOY'S EXPLANATION.
He Says That His Words Were Ut
tered In a Jocular
Way.
The explanation given yesterday by Gen
eral Secretary McCoy of the remark he
made to Juror Truman is as follows:
I admit that I said it to Mr. Truman, but it
was altogether in a jocular spirit. Mr. Truman
and I have known each other for thirteen or
fourteen years. He is on our State Committee
of the Young Men's Christian Association and
also on the committee of our Twentieth-street
branch.
Owing to our long acquaintanceship and the
close relations that have brought us together
we have been in the halrit every time we
chanced to meet of indulging in some jocular
interchange or observations. The meeting of
last Thursday was just such a chance meeting.
I said to him, without the slightest thought at
the time of the import of my remarks or the
possible effect and inasheersnirit of nonsense:
"If you don't hang that fellow I'll hang you."
It was utter thoughtlessness on my part, and
not till a few moments after did any thought
of the character of its wording or the gravity
of the circumstances connected with it come to
my mind. Then I thought that I had done
something which I should not have done, but
I paid no more attention to it.
RAILWAY SMALL TALK.
Changes In Southern Paciflc Train
Time— Plans for New Orleans
Travel.
C. P. Huntington is putting in eight
hours a day at his desk in the Southern
Pacific building and all the officials are
doing likewise. There are all sorts of
conferences daily, but just what they por
tend no one pretends to say exactly. The
gossip is that it has practically been settled
that there will be no change for the winter
in the train service between here and
Ogden.
It was announced that beginning on
October 4 the through southern overland
(Sunset) will leave here at 5:30 p. m. in
stead of at 9 a. si. as at present, and the
Los Angeles at 9 a. m. instead of at 5:30
p. m.
Plans for the new Sunset limited are be
ing discussed. For this service four pala
tial trains are now about completed at the
Pullman shops. The service" will begin
November 2, and trains will leave here
after that at 10 p. m. every Tuesday and
Thursday. With the new traffic arrange
ment with the Southern Railway there
will be only a five-minute delay at New
Orleans. Passengers arriving on the Sun
set train at 7:10 a. m. will leave at 7:15 on
the fast mail for Atlanta, Washington and
New York. The schedule time announced
for these trains between San Francisco and
New York is 119 hours, about the same
time as the Central overland lines.
Several changes have been ordered in
the official roster of the Southern Pacific's
Atlantic system following the appoint
ment of Mr. Kruttschnitt as generarman
aeer. Thornton Fay is made assistant to
General Superintendent Van Vleck ; J. T.
Mahi, engineer of way maintenance; J. J.
Ryan, superintendent of motive power,
and P. J. Maguire and J. R. Cade, master
car-builders.
The Railroad Commissioners will meet
to-morrow afternoon.
Sent Back to Germany.
Karl. Quednau, a sailor of the German ship
Alice, was delivered by the United States Mar
shal into the custody the German Consul
yesterday, to be returned to Germany for trial
on a charge of mutiny. When the ship ar
rived here several months ago the captafn of
the vessel had Quednau arrested for creating
a disturbance on bonrd. He was examined by
United States Commissioner Heacock, and oh
the showing that he was a German subject
was delivered to the United States Marshal,
subject to the orders of the Consul. Yesterday
the latter noti fled the Commissioner that the
ship was about to sail and that he desired
Quednau delivered on board, and an order to
that effect was accordingly made.
■ ■ ■ . — ' . « — « — * —
Out of a population of 600,000, Sweden
has ouly 2000 Roman Catholics.
HYAMS, PADSON fl CO.,
34-36-38 and 40 Kearny Street
25 and 27 Sansome Street,
Manufacturing Clothiers
Selling Direct to the
Consumer,
Now Displaying
Fall and Winter Styles
of Clothing.
For Man, Boy or Child.
Make your money
do double service
and buy direct
from us and save
X/£S from the
Retail Dealers'
Price.
Our prices exactly
the same, either
at 25 and 27
Sansome st., or
34, 36, 38 and rj.
40 Kearny St.
HYAMS, PADSON fl CO.,
Wholesale Manufacturers,
IN DIRECT DEALINGS WITH THE CONSUMER*
E. J. BALDWIN RETIRES
His. Large Hostelry Changes
Hands With the First Day
. of October. ; v •
Elaborate Scheme of the New Pro
prietors—A Clean Sweep In
Employes. • •!;•
E. J. Baldwin gave up the keys of hig
famous hostelry yesterday and withdrew
from the cares ; of hotel management.
Simultaneously with his going out Stone,
Stanton & Co. walked in and took .'.posses
sion. With them entered a new office
staff and men of experience in various de
partments of hotel business to assume
charce of their respective places. .
Early in the morning a large force of
carpenters went to work in the ollices,
erecting scaffolding for the painters, plas
terers and decorators. A contract was let
for remodeling the. halls and main office
and for decorating and otherwise rehabili
tating sixty-four rooms upstairs.' :• ; ":'••
Large sums of money are to beexpended
in the interior improvements that huve al
ready been started, for it is the design of
the new company to stop at nothing which,
will make the Baldwin attractive. ;• : .
A rumor has been afloat to the effect
that M. A. Gunst, the Police Commissioner,
was one of the chief promoters and sup
porters of the enterprise, but he stated
yesterday that there was no foundation
for this report. "All I've to do with it,"
said he, "is that I have made all arrange
ments for opening, a first-class., cigar-store
in the hotel at . the . corner :of Powell and
Ellis streets. Next week the cafe in the
corner will be torn out and remodeled for
a cigar-store. I shall fit up the- place in
the Dest style I know how, as \I. expect to
make it an attraction in keeping with other
features of the house. ' But with that my
connection with the Baldwin Hotel ends. '
Manager Staritcin was his office yester
day receiving cdngratulatibns,.attehding to
details of stoCK-taking and: making him
self familiar with : the hotel affairs. He
says: , ._•;; '":,■,':':/:{'.' ' .:. _■ \ .;• •':"■■ '■„....-"■
We have begun oh the first : .day- to 'carry out
our programme 61 improvements. -To begin
with, the whole hpuse^.excepting-. the bar and
billiard rooms, will be decorated in elegant
style. The dinin-grooms will be in ■• white and
gold. Two badly needed alterations will be
made at once. They are a large entrance on
Market street and a "ladies' entrance. to the ele
vator from Powell street. A very . serious fault
in the arrangement; of the main office will
thus be overcome* Heretofore ladies had to
pass through a crowd of — well people who did
not belong to the hotel, but made the office
their headquarters downtown. With a hall
exclusively lor families/ ladies may pass
to the elevator without having to run the
gauntlet as of old. When the lease of a store
adjoining the Market-street entcanco expires
on November 1 the store will be vacated, the
wall between it and the hall removed. Then
an imposing entrance on the main street will
be built. • ' ... .>'-.-. : " ••'••'» .'.;:■
We will replace colored waiters in the
dining-rooms by white men and also improve
the service and accommodations: • :o\>;
The management had. not made up its
mind regarding what course it. would pur
sue regarding the politicians \vho- used to
assemble nightly in the office, but a well
defined policy will be adopted with regard
to the loungers in the halls and billiard
room. It will also fare poorly with several
of Mr. .Baldwin's, special guests, who will
have to look around for new quarters with
out much delay. /:.. :f; .:. .•;.-..i' •'.;.-■
: Mr. Stanton said that the staff would
consist of J. A. Clough, chief clerk; Lynn
Austin, room clerk, and F. D. Scott, night
clerk. Mr. Stanton has had large hotel ex
perience in the West, and knows the lead
ing public men : of. Illinois, lowa, Kansas,
Missouri and Colorado. : It need surprise
no one if many of the progressive West
—Congressmen; railway men, jour
nalists and lawyers— should renew their
former acquaintance: with Stanton at hiti
tavern in this town. :-.' •'■.•.•■,-.. ; - :•• -
• * •— — —
A BEIDE OP AN HOUB.
■ :■.-.-- ... : — • . • • '. •• •-
She Wants a Divorce From Her Kecre
ant Husband..- . . ;•'"•
Frances Zeile is suing for a divorce from
George D. Zeile because of his desertion.
The case is before Judge Hunt. ,-'■•■ , " '•:•■
The two young people, both. under age
at the time, were married in September,
18&4. They were married at 8 o'clock in
the evening, and at half-past 9 the buaband
left his wife, and has not seen her since.
He left because his parents wished him to.
The girl soon after left her house on ac
count of domestic troubles, and has since
supported herself. She asks for a divorce
and for permission to resume her maiden
name of Frances Morse. .• The groom is the
son of A. Zeile, the druggist. . •.• '. !• .: ; ." .
• — ♦ — •—
Verdict of Accidental Death.
An inquest was held yesterday in the case of
Michael McLane, a fireman on the steamer
Portland, who waa injured on July It; last by
an accident to the boiler and died on July 20.
No blame was attached to the steamship com
pany, and a verdict of accidental death was
rendered.
5