The herald., 1895-10-25
The Opening Argument in the
Durrant Case
DEFENDANT is STILL STOLID
As the Details Of the Crime Are
Rehearsed
Argument Often Pathetic and at
All Times Convincing
Associated Press Special Wire.

Associated PrSsS Special wire.
SAN FRANCISCO, Oct. 24.--Assistant
District Attorney Peixoto today made the
opening argument for the prosecution in
the trial of Theodore Durrant. When
court convened General Dickinson asked
that Miss Cunningham be recalled, but
she was only asked few unimportant
| questions and then excused. The re-
mainder of the day was occupied by Mr..
Peixoto. He discussed the evidence In
the case from the time Durrant accom-
panied Miss Lamont to school on the
morning CT April 3 until ne appeared be-
fore Organist King in Emanuel Baptist
church at 5 o'clock in the afternoon,
pale, trem bling and excited. He closed
by asking the jury to uphold the laws of
the State ny rendering a verdict of guilty
and fixing the penalty at oeath.
During Mr.. Peixoto's argument the
court room was crowded. Rev. J. George
Gibson OF Emanuel church and his secre-
tary. Robert n. Lynch, occupied seats
near the jury box and paid close attention
to the speaker. Durrant sat stolld and
Indifferent in his usual place beside his
attorneys, surrounded by his father and
mother and a number of friends. Durrant
BETRAYED no emotion or feeling even when
accused OF murders that were compared
with the crimes of Jack the Ripper in the
Whitechapel district of London. His
mother. however, looked more thought
full and depressed than she mas at any
other time since the trial began.
| When Mr.. Peixoto closed his argument
at 8 80 o'clock General Dickinson for the
defense asked for continuance until
Monday IN order that Attorney Deuprey
| might make the opening argument for
| the defense. He produced certificate
| from MI. Deuprey's physicians to the
effect that he was unable to appear in
court at present, but would probably be
well enough to resume his duties on
| Monday. District Attorney Barnes OBJ
| jected to the delay, and as the court was
| opposed to granting a continuance, the
motion was Cenied.
| In his argument Nj. Peixoto was at all
times convincing and often pathetic.
One by one be tuok all of the incidents of
| April 3 and dwelt on the fatal signifi-
canoe of each to the prisoner. After trac-
| ing Durrant in company with Miss La
mont to the church door he repeated the
poem about the devil standing at the gate
of hell and reckoning an angel TO come
down from heaven and share with him
his passion and mis- love.
1.-THE devil and the angel enter the
house OF Cod said he. Come" said
the devil, ''come hither ana l Will show
you some thing you have never seen be-
FORE" Into the belfry they went. There
was the maiden fighting against the devil
for her honor and her virtue.
"What was the consequence? Hands
clasped the throat. The girl gssped her
last in fierce struggle, and before it
can be told in words the pure soul had
gone to God and Theodore Durrant had
become a murderer.
1.-The body must be stripped. The
clothes are taken off and tucked away and
the body is stretched out by one accus.
toned to handling the dead, with the
arms crossed. There, unclothed, union
ored and uunsung. with no dirge but the
whistling of the wind, he left her. Lett
her for time to wither and for age to de
cay.
But what mistake was there Did
he for one moment think that there was
hole deep enough or a tower high
enough in this world of ours to hide that
deed, that body of the innocent MUIR
dered girl?
Like the ostrich sticking its head into
the sand and thinking its whole BODY is
out of sight. he started to look for crew.
ices in which to hide the tel-tale gar
ments. hoping that when the time would
come wnen this body would be discover
ed il would he m erely dried and unreo
| ognizable skeleton.
"TbeIe we've her gloves. her books
everything just as Mrs. Vogel saw her
leave the school-Just as Minnie Edwards
saw her on the car-jusl as Mrs. Crosset
and Mrs. Leak saw her-all were there.
in the church and crying out to the de-
PENDANT Guilty, guilty, andait was you
alone.
"In what spot in that belfry-and |
want to make fair opening 10 the de-
fense-in what spot that girl breathed her
/ last l cannot tell you, L can only theor-
ize. That she was murdered about that
hour though by this defendant we stand
ready to prove. No eye saw. but that of
the dying girl saw the murderer as be
stransled her
"But that it was there IN that belfry is
apparent. But here the defense make a
point; be could nave gone down by the
back stairs out into the stIeet and esca ped
the meeting with George King This
may seem plausible, but do not msta 9
the man. He is now murderer, changed
in all respects. Suppose that he did cone
down, run into Sademan, go out into
the street or see anyone else on the street,
pale and disheveled, coatless and hatless,
| WOuIu nOI MS COnultlOn nave attracted
attention? Would they not have SAID, as
King SAID, "Why, what is the matter
with you, Theodore? Why are you SO
paIe?'
"A murderer takes no chances. He
wants darkness. He went down by the
way of the murderer. You all went
through the dark place between the cell
ings. Then you walked across to the
back stairs. 1t is dark that way; you can
sneak down; ana that is what the muir
| derer wants, And he did sneak down,
How, they ask, can man with his hands
dripping with blood, walk into the pres
ence of George King as he sat at the
piano?
IN not call for other expert testimony
in this than yourselves. Is there any
more voluntary sense than that of hear
| ing?
"You know that in conservation, wnen
another thought comes in your head you
may even forget and absolutely fail to
hear what is going on. lou know that
you can go to theater and segregate
the. instruments. You can rick out a GER
tain instrument, but one air in a chorus,
in multitude of voices. and hear and
follow but the one and not listen to the
| others.