The San Francisco call., 1895-11-02
DR.. Cheney's testimony
amounts to only q belief.

uHtouIttS 10 oItty q OetltI.
Mr.. Barnes now read several extracts out
of legal sheepskin, all of them bearing on
the general aspect of the alibi in criminal
risprudence. Then he turned to the
promises made by Mr.. Deuprey in his
opening:
We were promised, he began, that this de-
fendant would tell US in his own plain and
simple words the events OF that Sd OF April.
He would tell US that he attended Dr. Cheneys
lecture that afternoon-which he has; and he
would be corroborated by the rollcall and by
DR.. Cheney. Now, what does DR.. Cheney's tes-
timony amount toto merely belief in the
correctness of his roilcal. And they ask you,
upon the gauzy texture OF such an alibi as this,
TO lock up in the limbo OF unbelief all OF the
testimony of the peoplel
Gentlemen, If this defendant has not told the
whole truth he stands amid the wreck OF his
own belief condemned and guilty man. The
defendants story is all true or it is all false
you have right to so consider it, and believe
the court will so instruct you.
The euents of another
day haze been tTanSpOSed.
claim that this whole defense is a fabrica-
wish especially to exempt General Dick
inson and Mr. Deuprey from any criti-
They have conducted their case ably and con
scientiously. But they have had to make de-
tense and they have had to take the case as
that defense? 1t is this: The events OF an
other day have been transposed to this Sd of
April. Students Carter and Ross told you the
truth Carter did walk with this defendant;
Ross did meet them walking. But, gentlemen
neither of them fixes the date. Who does fix
it? This defendant. Out of the mouth of his
own witnesses has this defendant shattered
and scattered the fabric of the alibi he had so
carefully reared. l could never have attacked
1T so successfully as he has done He has been
working on historical Notwithstanding the
history of every great criminal, condemning
himself out of his own defense. Gentlemen
with genuine rollcall why should this col
lateral testimony be necessary?
Carter and Ross pass
into the golden book.
When the defendant introduced the testi-
mony of Ross and Carter he overstepped the
line between demonstrable truth and de-
monstrable falsehood. Ross and Carter in
stead OF corroborating the defendant have
contradicted him. 1t was not ON the Sd of
April that they were with Durrant-they did
not say it was. Ross and Carter have passed
into the same golden book as Mrs Vogel Miss
Edwards, Mrs. Crossett, Mrs. Leak and all
the others. And now, gentlemen we come
to-the rollcall. Will you let me have it, Mr.
Clerk?
The book in question was passed over to
the District Attorney, along with
couple OF magnifying- glasses. Mr.. Barnes
lald them together in front of the jurors
and asked them to examine carefully the
erasure after the name of Durrant. He
discussed the imperfections of the rollcall
then, and the manner in which it was
hCpt, anu dG UQ6 emu OF this VlVISeCtlOn
he called it "the weakest plank he had
ever seen to stand between acquittal
gained by alibi and righteous conrlc-
tion."
Mr.. Barnes illustrates the
measurements OF cubic Jeet
The District Attorney then followed the
statement of Durrant, who says he left the
college after DR.. Cheney's lecture and went
TO the church to fix the sunburners, arrly-
there q in tOS n'N
| speaker stopped a moment to dllate upon
the strange and unfortunate tfor Durrant)
TACT that he went along ali the route from
| the college at Clay and Webster streets
way. out to the Mission, which was the de-
fendant's home, without being seen by any
| living witness. Then he went with Dur
| rant into the church.
He tells US that he took out his watch when
ne went into the library-room and lald IL aside
Why did he do this? To keep it from falling
out of his pocket while he was fixing the gas.
| What did that mean? 1t meant that this de-
| tendants head was to be lower 'tnan ms
heels at some time. ! SHOW, you the dia-
gram Durrant himself has drawn draw 70 snow
| Jet of the sunburner. What does all
this irreslstbly lead to? It leads to this fact
| that when the head is lowered like that there
| is rush of blood forward. That is simple
| fact. Hold your head down for half a minute
| instead of three or five minutes-and your
| face is red and flushed. Couple this TACT with
the fact that science tells you that gas inhala-
tion turns the blood red and gives the flesh
| flushed appearance, and then consider that
! this defendant, out ofhis own mouth and from
his own witness, tells you that he appeared be-
| fore George King pale and haggard-as pale
and as haggard as the body of the girl in the
belfry.
Mr. Barnes has struggled
to be fair TO the defendant.
In conclusion, can truly say thatin opening
the case for the people have endeavored to
| the best of my ability to state without exag-
gsration and in theiI groRsg ebgg9n9oslogy the