The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-26
and from whom do YOU get your circumstances

and from whom do you get your circumstances
If they do not come from the witnesses?
The Judgment OF a man for crime such as is
charged in this case-the crime of MURDERS
one OF the most important that is left within
the duty OF our citizens, and the intelligence TO
discriminate between improper differences and
suspicious is indeed a great and heavy burden
placed upon you gentlemen.
The Importance of the Office of juror cannot
be overestimated, and every citizen called to
assume ii should be furnished with every means
to fill his duty. The utmost caution must be
exercised by those called on to serve in such
an important case. Sensational articles should
not influence. The greatest caution should be
exercised in trying man for his life. Publ
cations and talks with friends should not in
f1uence. The minds of the jury should be in a
proper state 20 receive impressions
This jury has been carefully selected Your
views on circumstantial evidence and your
faith In the law that requires that you shall
consider the defendant innocent until he is
proved guilty qualified you to sit in this case.
From the manner in which the prisoner at
the bar has been written up and spoken Of,
your ability in this courtroom and under in
structions will be put to severe test.
We trust that in this case you will res t
solely upon the establishment of a custom
wherein the burden of proof necessary to con-
Wet lies totally with the prosecution.
The learned District Attorney outlined for
you what he claimed would be sufficient to
satisfy your minds of the guilt of Theodore
Durrant. He has skillfully produced very
strong case OF circumstantial evidence which
the guilt of the defendant
Suspicion is to be distinguished from proof
One thousand suspicious do not form one
proof. We claim and shall claim that beyond
a strong suspicion the prosecution has failed
to go. We claim that the most powerful and
potential elements of proof necessary to con-
vict are entirely lacking.
We contend that with ell the testimony in
troduced the only issues to be passed on have
not been answered Where did Blanche La
mont forfeit her life? When did she meet her
death? Who caused her death?
These questions, in brilliant letters, have
been before the eyes of the world since April
IA, 1898. Months have passed away and no
answer comes.
Silence on the part of the prosecution on
these vital and only issues causes the query,
Where, when and who? There is a fourth cues
ton which has not been issued, we contend,
and that is the cause of death.
fifth question has not been answered, and
it never can be answered: Where was the mo-
tive, what was the motive of the accused to
take the life OF Blanche Lamont? No, never
has it been answered, and we again reiterate
that it will never be answered.
Under the view of the testimony thus far
given, we believe and claim to ask the court at
the time to instruct the jury without one word
to acquit. We think, however, as q duty to
William II. T. Durrant. his parents and the
community that his lips should be unsealed
You are entitled to know and shall know
where ne was and what he did on April 8,
1895, from the time he arose in the morning
until he went to his rest at night.
II ID u u bc ScyIuR, WHICH pears the impress
of truth. that one story is good until another is
told. You have heard what the prosecution
claims was done on that momentous day. His
story shall be told and link by link we shall
tear the mask of falsehood from the faces of
the witnesses for the State.
In making the opening statement for the de-
Tense it is right 10 cali attention to the state
ments OF the States prosecuting officer and to
show wherein he has failed to make his prom
Uses good: awe will show you that he was not
where he oaght to have been on the day that
the Cooper Medical College at DR.. Cheeney's
lecture. We will show that at the taking of
this rollcall no particular attention is given
to it by the professors. We will show Won that
upon that day Durrant was not at his place
that is, sitting in alphabetical order among the
students. Durrant WAS absent"
Where is the proof? Echo answers, where?
The prosecution has called between forty and
fifty witnesses. OF that number ten have given
young ladies, pawnbroker, Victoria hotel
keeper, Police Court shyster and his colleague
have furnished the substantial testimony upon
which the prosecution relies
We shall deal with these at the proper sea-
son. We insist that the proper proof is wanting
to connect the defendant with the murder OF
Blanche Lamont We are not here to furnish
surprises nor sensations. We will show that
other men had access to the Emmanuel Baptist
Church. We will show you every movement
of the defendant on the day most in question.
the skeins of evidence, yet ut this moment no
specific indictment will be made. Yet at this
point let me carry You along the ground upon
which we shall ask from you verdict for the
defense.
First, we shall ask you to hear from the