Evening journal., 1895-10-24
EVIDENCE is NOW ALL IN
Durant Jury In Possession OF
All the Facts.
THE ARGUMENTS WILL NOW BEGIN

A San Francisco Paper Reviews the Testi.
mony-It shows the Weakness Of the
Defense-Rev. MIR. Gibson Exonorated
From Any Imputation of Crime.
SAN FRANCISCO. Oct 24.-Aftera bitter
legal struggle lasting three months the
testimony in the trial OF Theodore Durant
Is all in, and the argument Of the case
now begins.
The case would have ended In a pyro
technic display OF sensation II the testimo
ny that was introduced had not been
printed so often that 10 was familiar tc
everybody. Miss Carrie Cunningham, the
newspaper reporter who visited Durant at
the prison frequently, testified that Du.
rant told her he saw Blanche Lamont on
the second floor of the belfry, whoue she
was murdered. While engaged in fixing
sun burner, Miss Cunningham said he told
her, he heard a suspicious noise in the bel
fry, which attracted his attention. He
crept along until he came to the belfry
casing, where he looked through a crack
and saw Miss Lamont. An effort was
also made TO secure the statement from
the witness with regard TO an alleged con.
fession made by Durant, but the court
sustained an objection to the question.
The witness was subjected to a rigid
cross examination. in which an effort was
made TO show the means to which she had
resorted to obtain an interview with Du.
rant. She said that at the suggestion Of the
newspaper people by whom she was EN-.
ployed she expressed the greatest friend
ship for the prisoner and frequently sent
him papers, magazines and flowers. She
denied that she ever took an oath and
kissed the Bible after promising Durant
not to publish anything he told her. She
said she promised Durant she would not
publish anything he told her and kept her
word
Only two witnesses besides Miss Cum
ningham were examined. Both were ply
sicians Their testimony was important
from the fact that it showed that Durant
did not have the appearance Of one who
had been partly asphyxiated when he met
Organist King in the church on the after
noon of April g. King testified that Du.
rant was pale and trembling when he
saw him. When on the stand, the prisoner
corroborated Kings testimony. Doctors
May and Rosenstein, who were examined,
testified that the first effect of gas was &c
flush the face and lips and inname the
ment had not had tho symptoms. The
physicians also testified that a man who
for five minutes had been subjected to
fumes Of escaping gas from "a jets would
be insensible.
The Post Reviews the Evidence.
The Evening Post, in commenting upon
the close of the case says:
Now that the evidence in behalf, Of the
man charged with the Emanuel church
murders is all in, it is fair TO compare
what has been proved with the promises
made in the opening statement to the jury
by counsel for Durant when he said be
would prove beyond a doubt the innocence
Of the accused. With apparent sincerity
he stated that he would furnish an unas-
sailable alibi, which would be supported
by the strongest kind of testimony He
further said he would impeach the chiet
witnesses for the prosecution, and even
went so far as to claim that before the de-
Tense was all In It would show that an.
other man than Durant was the real
murderer. He pointed The finger OF sus-
picion at Rev John George Gibson, but
did not go so far as to charge him with
the strangling Of Blanche Lamont and the
murder and mutilation of Minnie Will
liams How the defense has failed is a
matter Of record.
The promised alibi has not been estab-
lishod, and the testimony Of the numerous
witnesses called to sustain it in an indi-
rect way impoackos the story made by tho
defense on the stand. The page in the
roll call kept by Dr. Cheney is all that
stands between the prisoner and the scat
fold. If there is one juror Of the - who
believes it correct, tho prisoners life will
be saved. The prosecution has shown,
however, that it is q mere copy, and an
erroneous ono at that. It can easily be
appreciated, then, that the document car
ries very little weight, especially as it is
impeached by the negative testimony Of
"a students and DR.. Cheney, who have
sworn that they have no recollection of
Durant's attendance at the lecture on
April 3.
The effort Of the defense TO impoach tho
testimony Of the leading witness for the
prosecution amounted TO nothing. The
attempt to prove Durants innocence fell
fiat. as not a vestige Of evidence that was
presented points to such a conclusion. In
fact, the case Of the prisoner was stronger
at the close of the case for the people So
far as Rev. J. G. Gibson Is concerned, not
a fact has been produced to connect him
with the case I'm any manpor