The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-10-09

Dukes Disappoints the Prosecution
Miss Cunningham's Refusal to Answe
is sustained-Crime News and Notes.
San Francisco, Oct. S.-After wander
| ing through a mass OF unimportant wit
nesses, the defense in the Durrant cas-
this afternoon summoned to the stant
| two Of the most important witnesses
| that have been called since the prose
cution closed its case. One Of the wit
nesses materially aided the defense
from the fact that upon cross-examina
ton he failed TO give important testi
mony expected by the prosecution. Thu
examination of the other WITNESSES had
only just begun when court took a re-
cess until tomorrow morning, but in
the short time that the witness was or
the stand, he testified TO one important
fact which was directly opposed tC
what the defense had hoped TO estab-
lish.
The most important witness Of the
day was Charles T. Lenahan, the young
man whom the defense contends was
mistaken for Durrant by Pawnbrokel
Oppenneim. Lenahan, who does not
bear a striking resemblance to the pris-
oner, said that in April he attempted
TO pawn a small diamond ring, similar
TO the o ne worn by Blanche Lamont
at Oppenheim's shop. The witness
said that he asked Oppenheim the same
question and received the same answer
that Oppenheim quoted in relating the
conversation he had with the young
man whom Oppenheim testified was
Durrant.
TIT ~ ~
Then came the surprise of the defense
which counteracted nearly all of the
strength gained from the witness tes-
timony Lenahan said he tried TO
pawn the ring in the afternoon, while
Oppenheim testified that Durrant en-
tered his shop in the morning. AttOr-
ney Deuprey was considerably discon-
certed by the statement of the witness,
and endeaVored to impeach Lenahan' S
testimony by reading letter written
by Leanhan to the attorneys for the de-
Tense in which he divulged the fact that
he had tried to pawn a small diamond
ring at Oppenheim'S on the same day
that Durrant was said TO have enter
ed the place. The court INTERRUPTED
Deuprey, however, and refused to let
him read only such parts of the letter
as referred to the question at issue.
Deuprey then asked that the letter be
admitted in evidence, and at the close
or the struggle over this move, court
adjourned for the day.
The court refused to admit the whole
letter in evidence as some parts were
devoted to the expression of the writ
er opinions as to the correctness of
Oppenheim's testimony. The remain
der of the letter was admitted.
LENAHAN'S MOUSTACHE.
After Lenahan surprised the defense
by stating that he had tried to pawn
the ring in the afternoon, Attorney
Deuprey became very suspicious of the
witness and asked him several ques-
tons intended to indicate that he had
transferred his sympathies from the
detense to the prosecution. Among.
other things Attorney Deuprey asked
Lenahan IL he had not been influenced
by persons known to be in sympathy
Wftn the prosecution. Deuprey also
asked him when he shaved off rhe
moustaehe that he wore when he en-
tered Oppenheim's shop. Lenahan said
ne mad never worn a moustache in his
life. Deuprey animated that he would
lmpeach the testimony of the witness
on this point by a statement contained
IN the letter written by Lenahan TO the
attorneys for the defense
W L1uhtS, d STUDENT ar lr00DPr
Medical college, who was expected 10
give strong evidence for the prosecute
ton, gave disappointing testimony.
Dukes said that Durrant asked him if
he could not remember that he attend
ed DR.. Cheney'S lecture on the after
noon of April 3, and to that end recall
ed number of incidents said to have
taken place at the time. Although
Dukes seat in the lecture room was
next TO Durrant's. Dukes could not re-
member whether Durrant was here or
not, and told him so.
TOLD HIM TO TELL THE TRUTH.
Dukes said 1t was untrues as had
been reported, that Durrant asked him
as a favor that he would testify that
he had attended the lecture. On the
contrary, Dukes said that Durrant told
him he wished him to testify only 10
the facts as he remembered
With one exception the remainder OF
the witnesses We're called to testify 10
the previous good reputation of the de-
PENDANT. II. n. F. Marshal. g reporter
on morning paper. testified that on
April II, Detective Gibson. who discov-
cred Banchel Lannon'S body in the
belfry of Emanuel church, told him
that he saw the prints Of a number
nine shoe near where the BODY Law.
Durrant wears a smaller shoe.
In the case of Miss Carrie Cunning
ham, newspaper reporter who re-
fused to disclose the source of certain
information relative TO the nature of
Mrs. Leaks testimony, Judge Murphy
ruled that the witness was right in re-
fusing TO answer the question. Miss
Cunningham was therefore not punish
ed for contempt.
In recognition Of Miss Cunninghar's
firmness the Press club today elected
her an honorary member.