The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-30

diamond ring on the 18Th OF April. Mr.. OPP
penheim would not be certain that it was not
between the 4th and the 10th. He tells you
the man had on blue overeoat and SLOUGH
hat. Now Lenihan tells you that his CONVEX
sation with Oppenheim was exactly OPP
penheim says il was with Durrant, and as he
lett the store he went in the same direction as
toward California street. Durrant tells you he
never wore an overcont in April. Mr.. Open
helm is simply mistaken. lie got ii into his
head that he 100 must know something about
the case, and came here 10 tell YOU what was
really his conversation with Lehman.
You have evidence that Durrant had in bank
$50. What did he want 10 go 10 a pawnshop
for the purpose of pawning or selling q cheap
ring? Lehman tells you he had money on the
races, ana that he was short. That Durrant
never was.
quote regarding cases of mistaken circum-
stantial evidence when he was interrupted
by Judge Murphy.
The Court-With what view do Won propose
10 read this matter?
Mr. Deuprey-I propose to read 1t to illustrate
deuce
The Court-There is no proof before the jury
mat these are facts. I know it is frequently
the custom for counsel to cite cases to illustrate
their arguments.
Mr.. Deuprey-It is only for illustration, sir.
The Court-They do not come before the jury
as facts. They viii not be authenticated at ali.
II is not TO be read 10 the jury at all as law
Nor Is 1t 10 be read to the jury fact. There
edge of fact and that is by matter which is
brought before them. Ny own impression is
that this is very bad practice. and yet l do not
know that counsel can be prevent ted from read
ing a chapter in the Bible or an historical fact
or anything else. The jury must understand
that this is simply 10 illustrate the point you
are making.
Cases Of mistaken circual-
StGRtial eUidence cited.
Mr.. Deuprey cited another case in which
,icsol -a,,
matter OF Identification of her own hus-
band, whose part was successfully PLAYED
for number OF years by another man.
Then he continued:
This is a serious one, this case of mistaken
identity. You cannot use too much caution in
deaIlng with II. II wife can be 50 mistaken
IN man whom she takes for her husband look
how much further Mrs. Crosett or Nrs. Leak or
Quln!an nigh; be mistaken, they never having
seen Durrant before n their lives Now we
might have asked for an acouittal ynen the
prosecution rested, but commended that Won
were entitled to hear this man who is accused
ois heinous crime, 10 know what he had TO
say regarding what he did on that day TO have
Iul4 knowteQge OF his surroundings. This we
gave you ana much IN support OF it, They
nave never established by any proof who killed
Blanche Lamont. What evidence have you of
this Do you want TO stand on suspicious /?
Dr.. Barrett cannot give US any Information as
10 the real cause OF death. He did not preserve
her heart or any OF her vital organs 10 show
what the conditions were.
No proof to shOlU trho
Killed Blanche LdnO1t
All he can say TO US is that the conditions
which appeared are those which would appear
~ ~ strangulauon. Who could say whether
Blanche Lamont was killed on April 5 or April
or April 81 1t was some time between April
and b, but that is all. What her awful fate
was we know not. There is no proof before Won
who kIlled Blanche Lamont There is no
proof before you where she was killed You
cannot point 10 any evidence indicating who
lnA~ aS1,a l. ia
was killed. Now come down TO the PROPOSE
uon OF motive. Have you any evidence of
motive in this case so far SIS it related to
blanche Lamont? Durrants assertion was
that she was good. innocent girl. His con-
duct as related by Mrs. Noble bv Miss Maud
Lamont, and by eli connected with that church,
shows that he was ever the gentleman to that
young lady. You have before you the charac-
ter OF W. II. I. Durrant, from the date OF his
among Christian surroundings-to the knowf-
edge OF good and not OF bad.
Durranfs character stands
uRGsSGiied and proUeR.
We have placed his character in the balance,
ana who are the men who came forward to
support it? What young man, what old man,
would not be proud OF such men in the COM
munity coming forward to say that his con-
duct was excellent? DO you believe this great
municipality of the CITY and County OF san
Francisco, backed with the most able District
Attorney, with the 1000 policemen and a large
detective force: do Won believe that if they
could have brought anybody to say a word
against this young mans character that they
would not have done so? submit TO you, gen.
uemen OF the jury, that he stands unassailed
In character and no motive has been shown
no person has been proven to have committed
the deed. You have no evidence as to when
or now II was done You are simply here with
matters OF CirCumstantial evidence, and with
the instruction of the court you must acquit
The tie which links mother and childis of such
pure strength as 10 be never broken except by
;hOse whose feelings have been Yithered by
Yltated society.
An appeal to the sgmlpa-
thles Of the Jurors.
The love of the mother is never exhausted.
Il never changes and never tires. 1t endures
forever. In good repute, in face of the worlds
condemnation, the mother still loves. She re-
mem herS the infant smile that hlled her bosom
with rapture-the opening promise OF youth
and she never can be brought TO think i'll OF
her child. No love is Ike mothers love-un-
selfish, free and pure, the fame that, lighted
from above, viii never know the blush OF con-
scious guile. call your attention to these
matters that when you come to consider this
case you will be careful in weighing evidence.
Think OF the mother, who believes in her boV.
who has sat by him day and night, TO be
harshly criticised by some miserable penny
a-liner But come 70 beseech you, gentlemen
OF the jury, more than anything else to listen
carefully 10 every word that comes from the
lips of the judge OF this court in giving the
charge The law as he gives it must guide you
in coming to a conclusion. My part is about
done in this trial. Ny relations with the Dis
trict Attorney have been of such character
that the friendship between us l can never
forget.
Tell this father that
his son is not q monster.
We believe gentlemen of the jury, that from
all that has been submitted to you as evidence
in this case, there is a failure of proof,
and we have established more than we offered
to do in our opening statement. May you in
your deliberations come to such a conclusion
that you viii say 20 this mother that this boy
is the same he has ever been-a Christian
youth welded 10 his home, welded to his
family. Say by your verdict to this broken
hearted father, crushed by the wrong that the
law has done to his and him, that his son is
not monster. Let it be said by your verdict
that no unlicensed condition OF the press can
waive you from your duty. Let it be known to
the public and the commonwealth and to the
world at large that you, citizens of this City
and County respect the cons titution of the
United States and the law of your own State.
which gives every man fair and impartial
trial, and by your verdict of mot guilty" show
forever that you are mindful OF your duties to
yourselves, TO your families TO your country
and 10 your God.
.REVN0I ne AZ A MVeTERV