The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07

his work approved, commended and
awarded and the decree of the laws ven
geance voiced in full.
After the adjournment the condemned
man, with his guard closed in about him,
walked out into the dim corridors, past the
curious crowd down the broad stairways
where uniformed police officers stood
watchful and ready, TO the lower floor of
the great building, where other curious
crowds awaited, and out into the open air.
There the prison van received him.
The time previous to the reading of
Judge Murphy's denial of the motion for a
new trial was short, and crisp brevity
marked all the prelimlnaries. His Honor's
decision was as follows:
In view of the fact that a human life is in
volved in this case and with an earnest desire
to do exact justice to the defendant, L have,
since the verdict was rendered by the jury
given the same the best thought and consider
alton that am capable of. So that nothing
should escape my attention l have twice re-
viewed all the testimony in the case and every
ruling made by the court during the trial. l
have carefully considered the charge given by
the court to the jury, and have given full con-
sideration to the affidavits f led herein on the
motion for new trial and to the argument of
the learned counsel in support thereof. have
examined ell the authorities cited bearing
upon the various grounds stated and relied
upon for the new trial.
If | were satisfied that any injustice had been
case, or that any serious error affecting the
substantial rights of the accused had been COM
mitted, would without hesitation grant him
a new trial, whatever the consequence might
be to me personally or whatever criticism
might be invoked thereby. | am, however,
convinced no injustice has been done him and
no such error was committed: but, on the con-
trary am satisfied that the defendant has had
q fair and impartial trial, that no right &C
corded him by law has been invaded, and that
the verdict arrived at by the jury upon the tes-
INN 1Er10ff tod hnT &c
true and just verdict.
Such being the deliberate conclusion arrived
at, there is but one action the court can take,
and that is to deny the motion for new trial,
and said motion is accordingly denied.
Contrary to expectation there was moth
ing in the document regarding the merits
of the motion or of the arguments adj
yanced by either side. But no surprise
was entertained by any present at the de-
cision. Several remarks uttered by Judge
Murphy during the presentation of the
motion showed how futile was the defend
ants plea. Even Durrant himself anticl-
pated the denial and the sentence.
ooh, | expected 1t, he said, YEARLY, "the
Judge decided that question long ago.
He gave himself away on two occasions,
and -" Then he checked himself, as is
his habit, and laughed bitterly.
sis there any further legal cause to
show" asked Judge Murphy, "why iudg-
menL SnOulu not De prOHOuuCeu!
'None on the part of the defendant,
answered General Dickinson in the lowest
possible tone.
"Very we'll. Theodore Durrant, stand
up," came the stern command.
Then the young man slowly arose. The
people behind him stirred slightly, lean
ing forward with one impulse to catch the
solemn judgment, as his Honor read
IL now becomes the duty of the court to
award against you the judgment which the law
affixes to the crime of which you have been
convicted.
/ IIn the brief and simple but expressive Ian