The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-04
THE TWENTIETH DAY.
ningham Threatened With
the County Jail.

the County Jail.
There were occurrences in the trial OF
Theodore Durrant yesterday-occurrence
which more than compensated for the ex-
ceeding dizziness of the previous day and
the uninteresting character of most of the
testimony offered yesterday
The first of these occurrences was the
sentencing Of H. ]. Mccoy, general secre-
tary of the Young Mems Christian Asso-
citation, to pay fine of $3.50 or go to jail
Tor five days, as penalty for his iocula1
and thoughtless remark to Juror Truman
"You hang him or We'll hang you,"
Judge Sawyer appeared as counsel for
Mccoy. He did not plead for mercy nor
seek TO mitigate the offense. He admitted
everything, and by the testimony of Mr..
Mccoy and by that of Mr.. Truman merely
proved that the remark was made thought
lessly, with no intention of influencing the
Juror and with no malice toward the de-
fendant.
Pc When all had been said Judge Sawyer
arose and remarked that his client was
ready for the sentence of the court, and
that whatever it should be he stood ready
to pay the full penalty of his wrongdoing.
Judge Murphy thereupon imposed the
sentence of the court and ordered that it
be held in allegiance until Saturday morn
ing. Mr.. Mccoy accepted the sentence be-
comingly, but probably remarked to him
self that Jokes are dear at that price.
He will pay his fine and escape the ia il.
But the plucky little newspaper woman,
Miss Carrie Cunningham, who declined to
disclose the source of her information con-
corning the story of Mrs. Leak, may not
fare so we'll.
The question was asked by the defense
at about the close of the afternoon ses-
sion. She said first that she did not OBJ
tain her information for the article in
question from Mrs. Leak
In permitting Mr.. Dickinson to make
~ the further inquiry-over the objection OF
the District Attorney-Judge Murphy re-
marked that it looked very much like a
fishing excursion and that he hardly
thought it according to the rules. How
ever, he preferred to err on the safe side
But neither he nor the defense attorneys
had reckoned at all on the witness.
She simply. firmly. quite modestl,
withal, declined to answer the question.
But the court will commit you to iai
for contempt unless you answer" said
Judge Murphy, and he looked as tn ougf
he had, of course, said the last word.
81 gave my word of honor that 1 would
not tell where the information came from,
said Miss Cunningham.
Her word of honor It could have n,
bearing upon the court. Judge Murphy
assured her so, with his sternest frown.
The witness viewed the matter from
different standpoint, as persons sometime
do. Judge Murphy ordered the commit
mept-papers made out.
Still the answer did not come.
Then Mr.. Deuprey asked that the wit
ness be given until this morning to thinl
over the matter. Judge Murphy took tn,
sugges ton, co unseling Miss Cunningham
to seek legal advice over night, and be pre-
= pared to answer the question in the morn
ing.
Miss Cunningham says-oddly enough
81 perhaps-that the County Jail is not a!
distasteful an alternative for her as the
breaking her WORD of honor to a person
who gave her professional information in
: the belief that her promise of secrecy could
be relied upon. Miss Cunningham give,
promise of becoming famous as a woman
who can keep secret.
The greater part OF the DAY not devoted
to the occurrences already related was
taken up by the testimony of medical
students who did not answer for Durrant
when the roll was called at the conclusion
of DR.. Cheney's lecture, and the introduce
ton, as peoples exhibits, of their notes Of
the lecture.
H. S. Field, of the firm of Hammersmith
& Field, came to the witness-chair early
in the afternoon to tell the court that
Blanche Lamont's chip diamond ring was
of a common variety, and worth $1S dozen
wholesale. He added that they sold retail
for about So apiece-which proved that
there is, all things considered, quite neat
. profit in the business.
Student Garvin, whose name appears on
the rollcall of DR.. Cheney's lecture as alb
sent, said that he was in fact present at the
lecture. And this, of course, will be used
by the prosecution to try to show the in