The San Francisco call., 1895-10-16
Mr.. DEUPREYS SICKNESS.
The Durrant Trial Postponed
Till Next Monday Morn
ing.
JUDGE TH0MPsON's SPEECH
fendant Unable to Appear in
Court.

The Durrant case has gone over until
next Monday morning. Mr.. Deuprey is
still suffering from the attack of rheuma-
tism which has confined him to his bed for
some days past, and the case was continued
for week in the hope that he will then be
ready to take his place.
There were not very many people anxious
to get into the courtroom yesterday morn
ing, for it was pretty well understood that
there would be but very little done, even if
the case did go over. There was a suf-
fcient number present to fill the court
room, however, and the attorneys and wit
nesses were all on hand.
Judge Thompson opened the proceed
| ings with the request for a continuance.
Three times he started to rise before he
| got to his feet, for it was his first speech in
| the case, and the dignity of the occasion
was apparent.
Your Honor" he said, 81 went to call
upon Mr.. Deuprey to secure an affidavit as
| to his condition. By some mischance.
furnish me with the affidavit l had pre-
pared, and so [ am unable to produce it,
but will state the matter to the court.
"Mr Deuprey, while not suffering intense
pain. is confined to his bed, and it would be
the height of imprudence for him to go out
before Friday at least, and think before
the beginning of next week. Your Honor
was good enough to say that in the ab-
sence of MrDeuprey, there were two able
attorneys still in court to conduct the case.
That is mistake, so far as | am con-
cerned, for l know no more of criminal
practice than most lawyers know of sur
gerry. A mining man, used TO handling
mining cases, cannot properly attend to q
criminal action. When the case first
opened l promised the parents of this de-
fendant that [ would select an able lawyer
to lead in the case, and | selected Mr.. Deu-
prey, and your Honor knows how wise
selection | made.
~ am not criminal lawyer, and am
simply acting as counsel in this case. |
do not feel that it would be right to proceed
without the presence of Mr. Deuprey, and
in the name of justice / ask that the case
go over. yesterday he told me that he
thought he would be in good enough
health to proceed on Friday, but as there
is no need of resuming on the last day of
the week l move that the case be continued
until next Monday"
District Attorney Barnes said that he
visited Mr.. Deuprey yesterday and found
HIM quite i'll. He said he thought wise
course to pursue would be to grant a con-
| tinuance, so that Mr. Deuprey may be in
court at the finish of the case. although
| recognize that General Dickinson has
borne the brunt of the case" said Mr..
Barnes, "and is well able to carry it on to
| conclusion, l think it better that the de-
fendant should be fully represented by his
counsel
Judge Murphy then said he condoIed
| with the jury at their long term of service,
and he regretted keeping them away from
business. He said that the trial had con-
sumed an extraordinary length of time,
| and that he was anxious to have it con-
cluded.
cit has been apparent to the court" con-
tinued his Honor, "that Mr.. Deuprey has
been i'll for some time, and from the state
ment of Judge Thompson it appears he is
leading counsel in the case. Sickness over
takes us all. 1t is unfortunate. The de-
fendant has the constitutional right of
having his counsel present to look out for
his interest and protect his rights in the
fullest manner. 1t appears that the de-
fendant and his other counsel depend on
Mr.. Deuprey. I don't know as it would
be any error to refuse to grant this motion,
but it would be refined cruelty. The de-
lay is hardship to the jury and it is very
unfortunate that it should occur. I will
grant the continuance until Monday next,
but hereby notify counsel that they must
be ready to proceed at that time with or
without Mr.. Deuprey."
Judge Murphy then ordered that the ex-
animation of Witness Lenihan should be
concluded this morning, but as Mr.. Dick
lnson had not some essential letters in
court, the matter went over.