The daily morning journal and courier., 1895-11-02
MURDER IN FIRST DEGREE
THE JURY TN THE DURRANT CASE
 TOOK ONLY ONE BALLOT


 Charge of Judge Murphy Was a Very Fair
 One-suppressed Excitement Was Mani-
 Tested In the Court Room-When the Jury
 Rendered the Verdict the Audience Arose
 and Yelled.
 San Francisco Nov. 1.--District Attor- ney Barnes to-day concluded his ad- dress for the prosecution in the trial of Theodore Durrant for the murder of Blanche Lamont His peroration was an able effort, He said he had strug- gled to suppress his feelings of repug- nance of the defendant and to be ab- solutely fair to him, and to lay aside the feelings of horror and detestation which hindered and oppressed him. He asserted that nothing had been stated in his address to the jury which had not been proved by competent evidence. Link by link the chain had been welded until it had been shown beyond doubt that Durrant had murdered Blanche Lamont on April by strangulation.
 General Dickinson, Durrant's counsel, objected to portions of MT. Barnes ad- dress, which, he claimed, to be abusive in their nature but the court consider ed them proper.
 Judge Murphy then delivered the charge to the jury. It was very fair, and covered the ground of alibi, circum- stantial evidence and motive complete essarily need to be shown, as it might not appear on the surface. Circum- stantial evidence as to motive would ap- ply as to other points in the case. He stated the California law as to murder in the first degree, which involved one when death resulted to victim of a criminal assault, whether the killing was or was not meditated. General Dickinson took an exception on the ground that his honor had not read the instructions submitted as the defense had written them. The jury then retired.
 Suppressed excitement was manifest ed throughout the court room and the corridors outside during the wait which succeeded the departure of the jury. While the jury was out Durrant sat, beside his counsel conversing with his mother and several of her lady friends. The jury was out twenty-eight min- | utes.
 The first ballot was for murder in the first degree. As the jury returned to the court room Mrs. Durrant's demeanor changed from one of gaiety and a look of dread came to her face. The prisoner stoically watched the jurymen as they took their seats
 As Foreman Button pronounced the verdict of guilty of murder In the first degree the large audience rose and ut- tered a yell which echoed far out in the corridors.
 Most of those in the audience were women. The cries which went up seemed to bring Mrs. Durrant her first realization of the force of the words of the jury's foreman. Though she was possessed of marvellous courage a cry burst from her lips, followed by hys- terical outburst of sobs.
 As he listened intently to the words which sealed his fate Durrant partially rose. The look on his face was one of defiance and 1t was apparent that he had 1t in mind to address the judge, but when he heard his mothers cry he sat down and took her fondly in his arms. She rested her head on his shoulder and he patted her with his left hand and with his right stroked her hair. He seemed oblivious to every thing except his mother. When silence was restored Judge Murphy thanked the jury for the manner in which they had performed their duty and said he believed they would have the thanks of the entire community. As the jurymen marched by Durrant and his mother they all looked sympa- thetically upon the weeping woman leaning upon the shoulder of her con- demned son.
 Judge Murphy announced that next Friday he would pass sentence upon Durrant and at the same time fix the time for beginning trial of Durrant for the murder of Minnie Williams. The verdict meets with general approba- tion. The town is tonight wild over it,