The record-union., 1895-10-31

SAN FRANCISCO, Oct. 30.-District
Attorney Barnes to-day began the clos
ing argument on behalf of the State IL
the trial of Theodore Durrant.
The courtroom was crowded to it's
greatest capacity, and close attention
was paid to the speaker.
Referring to the testimony, District
Attorney Barnes said: There were
four propositions in the case-the find
ing of the body, its Identification, the
cause of death and the identity of the
murderer. The body had been found in
the church on Easter Sunday April
14th 1t had been identified by the
girls uncle as that of Blanche Lamont.
The post mortem examination had
shown the cause of death to be asphyX-
3ation caused by strangulatiOn. As the
Injuries could not have been self-infllct-
ed. it followed that it was the work OF a
murderer, or rather an assassin.
He compared the act to those Of the
Indian things. He then took up the tcs-
timOny with a view to locating the m lr-
derer. Though decomposition had pro
gressed so far that it was Impossible 10
determine whether an assault had ac-
companied the murder, counsel SAID 1t
was within the province of the jury to
assume from collateral facts that IT
had been There must have been mo-
tive The murderer did not Strangle his
victim for the mere motive of murder-
ing her.
Accepting the theory that lust had
been the actuating cause Tor the crime,
the rest presented no difficulties. The
.arf 1sr, l11,6 1eA1 "a -
quaintaHce, had become infatuated
with her and had deliberately planned
to rob her of her virtue. He had taken
her to the church for that purpose. No
one, counsel said, could say what propo-
sal preceded the crime. No one could
say how the doomed girl, after hearing
ii had turned to fee. Had she then cs-
capped, Durrant would not have been
tried for murder, but he would have
been brought before the congregation OF
Emmanuel Church on another charge
He saw disgrace and social ruin before
him, and he sprang on the frail girl
and clasped her throat in his fingers.
The twelve finger-markS on the girl :
neck could have been caused by one
change OF the murderer's grasp.
Durrant's acquainta nee with the girl
was traced She was essentially i
housekeeping girl, pure-minded and
striving to fit herself for an honorable
future. When she first met the de-
1endant she was attending another
Sunday-school. but at Durrant's So
licitation she Joined that of the En-
manuel Church. There was no doubt
that Durrant's regard for the girl led
him to induce her to join the Sunday
school, and. that her regard for him led
aer to leave the other school and join
that of which Durrant was an official.
She had frequently been out with him
and knew that her aunt trusted him. It
was not therefore, remarkable that she
should have had that confidence in him
which enabled him TO induce her TO
enter the church with him at an un-
usual hour
Counsel said that the defense had be-
gun to deny that Durrant had been in
the girls company on the morning of
the murder but at last admitted it. It
would have been denied, but Durrant
had admitted it after the girls disap-
pearance and the denial would have
been useless.
one of the most significant things in
the case, the District Attorney said
was that Blanche Lamont only began
her attendance at the Normal School
to which Durrant had gone in the after
roCn, TWO days before the murder. She
attended another school in the morn
ing, and even Durrant would not have
known that she was at the Normal
School in the afternoon had she not
told him on the morning of the murder
Il was ia the morning, counsel said.
that the defendant made an appoint
ment with the dead girl to meet her in
the afternoon. He said the reason given
by Mrs. Nogel for having particularly
noticed the defendant in front Of the
school was the best that could have
beer given. She had money in her
house and feared Durrant was a bur
fsrE,4
mistaken in her Identification. but it
was physically impossible that both
she Ind the three school girls could
have testified to the details of cir
cumssance and all be mistaken. The
element of conspiracy could not be con-
sidered for a moment. Mrs. Vogel had
seen the defendant opposite her out
side the schoolhouse, and had watched
him until she saw him take q seat with
q girl he met coming from the school,
or the outside of the car. Miss Ed
wards, a schoolmate Of Blanche La
mont, had testified to the meeting be-
tween the two just as Mrs. Nogel had
done and had described the position
they occupied on the car in the same
way Two other schoolmates of the
dead girl had seen the car pass and Miss
Lamont and the young man they rec
cgnized as Durrant escorting her had
been described on the same spot on
lile car WneTe Iie w y lOl iiltA NlNA4GSSES
had located them.
Barnes declared that there was not in
the history of the world a case where
four intelligent witnesses had been mis-
taken under such circumstances. He
referred at some length to the case OF
Professor Webster, who was hanged IN
Massachusetts for the murder Of DR..
PSrkman. and said the evidence did not
compare for strength with that against
Durrant. Chief Justice Shaw, who
presided at the trial of Professor Web
Ster. had, he said. laid down the prop
osition, not as one of law, but as the
opinion Of an able jurist. that circum-
stantial evidence was stronger than the
testimony of witnesses. for the element
or perjury was removed by it. 1t was
difficult 70 set witnesses who would
per9ure themselves in sustaining case
of circumstantial evidence, and not
break under DISCRIMINATION. 1t was
not even charged that the identifying
witnesses for the prosecution of Dur
rant were testifying falsely. but only
that they We're the victims of hallucin-
atlons 1t was, ne said. impossible that
all Of them, young and old, had been at
once afflicted with visual defect
The case, he said, had been begun on
the 23d of July. The first testimony
was taken on the 4th of September. \
total Of 2U5 witnesses had been ex-
amined, and he hoped the Jurors
would not after all the testimony that
had been taken fail to nse their privil-
ege of deducing opinions from the facts
presented.
Barnes during his argument. ar
raigned Durrant in scathing terms. lie