The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-10-24
READY FOR ARGUMENT
PROSECUTION IN THE DURRANT CASE
HAS NUT ONE MoRE-wrrrnss.--
Evidence Given by Miss Cunningham,
= Newspaper Reporter-Nhere
the Defense Has Failed.

SAN FRANCISCO, Oct. 23.--After a bitter
legal struggle lasting three months. the tes-
timony in the trial OF Theodore Durrant IS
all In and tomorrow the argument of the
case will begin. When court adjourned this
afternoon District Attorney Barnes an
nounced that he would not then formally
close the case for the people. but would.
undoubtedly, do so the first thing to-mor-
row. Mr.. Barnes notified the attorneys for
the defense that at most he would have but
one more witness. whose examination would
last but a few moments.
The case would have ended In a pyrotech-
mic display Of sensation to-day IL the test-
mony that was introduced had not been
printed so often before that 1t is familiar
to everybody. Miss Carrie Cunningham, a
newspaper reporter, who visited Durrant at
the prison frequently testified that Dur
rant told her he saw Blanche Lamont on
the second floor of the belfry, where she
was murdered. While engaged in fixing
sun burner, Miss Cunningham said, he told
her he heard a suspicious noise in the belfry
which attracted his attention He crept
along the ceiling of the church until he
came to the belfry casing. where he looked
through crack and saw Miss Lamont.
Miss Cunningham's testimony was obtained
made by the defense had been argued and
ruled on. An effort was made to secure a
statement from the witness with regard to
an alleged confession made by Durrant. but
the court sustained an objection to the ques-
ton. On one Of Miss Cunninsham's visits to
the prisoner he is said to have shown her
an envelope addressed to his attorneys
marked. '.To be opened If ] am convicted,
and TO be returned IL 1 am acquitted. The
witHess was subjected TO a rigid cross-ex-
show the means to which she had resorted
to obtain interviews with Durrant. She said.
at the suggestion OF the newspaper by which
she employed. she expressed the great
est friendship for the prisoner and fire.
quently sent him papers. magazines and
oath and kissed the Bible after promising
Durrant not to publish anything he told her.
She said she promised Durrant she would
not publish anything he told her, and kept
| her word.
Only two witnesses besides Miss Cunning
| ham were examined to-day. Both were ply
| sicians. Their testimony was important from
| the fact that it showed that Durrant did
not have the appearance OF one who had
been partially asphyxiated when he met or
| ganist King in the church, on the after
| noon of April B. King testified that Durrant
/ was pale and trembling when he saw him.
rated Kings testimony. Doctors May and
I Rosenstefn, who were examined, testified
that the first effect of gas WAS 10 flush the
\ rant. according to his own statement, had
not had the symptoms. Physicians also tes-
| titled that man who, for five minutes, had
| been subjected to fumes of escaping gas
| from twenty-four jets would be insensible.
The Evening Post. I'm commenting on the
close OF the case, says: Now that the evil
dence in behalf OF the man charged with
the Emanuel Church murders Is all in. II
Is fair TO compare what has been proved
with the promises in the opening statement
to the jury, when counsel for the defense
said he would prove beyond a doubt the In
nocence of the accused With apparent sin
cerity he stated he would furnish un-
assailable alibi. which would be supported
by the strongest kind OF testimony. III.
further said he would impeach the chic
witnesses for the prosecution and even Wen
so far as to claim that before the defenss
was all in IL would show that another mar
than Durrant was the murderer. He pointed
the finger of suspicion at Rev. John Georg
Gibson, but did not go so far as to cnars'
him with the strangling or Blanche La
mont and the murder aid mutiation O
! Minnie Williams. How the defense hs
failed is a matter OF reco-i- The promises
albi has not been establish ed and the testi
! fnony of the numerous witnesses called L
! sustain IL I'm an indirect WHY. impeaches tn
! story told BY the defends mt on the stand
| The page In the roll-caN. kept by DI
Cheney. Is al that stands between the pris
oner and the scaffold. II there II one juro
Of tho twelve who believes II correct. tn