The San Francisco call., 1895-10-09

able authorities on the subject and am now
convinced that the question is improper, and
shall sustain the objection of the District
Attorney.
Now, there is another matter that want to
call the attention of counsel to at this time. In
the examination of DR.. Cheney there were
certain questions propounded by counsel for
defense, which, upon objection by the District
Attorney, refused to allow. Now, while 1 am
still of the opinion that these questions were
improper, am desirous OF making no error in
this case, or II do TO make the error on the
safe side.
az shall overrule my own ruling in this case
and permit the questions to be asked. Mr..
District Attorney, you will have DR.. Cheney
recalled for further examination"
Mr.. DickinsOn-Dr. Cheney will be here at IL
o'clock, your Honor.
Then the first witness OF the day was
called and sworn. His name was T. A.
Smith and he proved to be one of the
students of the senior class of Cooper
Medical College, but he was absent from
DR.. Cheney's lecture and had secured no
notes of it.
Student F. B. Robinson came next. He
was also absent from Dr.. Cheney's lecture
and had secured no notes of it.
Then there came some more witnesses as
to the reputation of the defendant. Frank
| Dalton of Dalton Bros, commission mer-
chants, was the first. He lives in the same
block with the Durrant family, and the
children of the two houses have always
DGeH very lutlIuaLe. MF. DditOH Sdlu ne
! made it a point to inquire about the
| character of Durrant as he did about
the character of all who associated with his
! children. Durrants reputation was very
| good, he said.
Edward a. Bunker of Alameda had
known Durrant six or seven years, he said,
| and knew that his reputation was good.
DR.. NJ. Thrasher said he had known Dur
| rant for some years, and that his reputa-
| ton was good.
George Daily, member of the Signal
Corps of the National Guard, said he had
known Durrant for several years, and was
with him under arms during the trouble
some days at Sacramento. Durrant' repu
tation for truth and integrity and for peace
and quiet was good, he said.
'Did you ever hear Durrants reputation for
peace and quiet discussed outside of the Ma
tiona1 Guard?" asked Mr.. Barnes.
mo, sir.''
peace was not discussed, was it?''
"No, SIR"
"Did you ever hear his reputation dis
cussedT
"No, SIR"
''I move that his whole testimony be stricken
| out, your Honor, since it is apparent that he
| has no knowledge of the matter to which he
! has testified"
The court-Well, I'll let it stand, though OF
course it ought not to be in.
| W. D. Bond. for six years member OF
the Signal Corps, had known DurIant for
| two years. He said he had heard his repu-
tation discussed in the Signal Corps and
that it was good.
| Mr.. Dickinson asked him if he were
acquainted with the form of application
for membership in the National Guards.
Mr.. Barnes objected.
The court-How can that be proper, General
! Dickinson?
Dickinson-It would show that the require
| mentS for membershin mako 1t necessary for
the applicant to have good reputation.
Inc court-Of course, that is not evidence.
shall sustain the objection.
! Upon cross-examination witness ad-
mitted that he had never heard Durrant's
! reputation discussed until after his arrest
for this crime.
w. Trinkler, another member of the
signal corps. answered Mr. Dickinson that
he had not heard Durrant's reputation
discussed, and so under the ruling of the
! court he was not permitted to testify
Z. w. Taber, who acted as ianitor of
Emmanuel Church between the admins
| tratlons of Janitors Sademan and Carroll
was recalled. During his incumbencv
there were no services in the church, and
| so far as he knew nothing had been done
to the ventilators.
Then DR.. Cheney came back to the wit
ness-chalr, being recalled by Mr.. Dickin-
son for the purpose, as he afterward stated
| of showing that the prosecution had dine
knowledge of the existence of the rollcall
| long before it was introduced by the de-
| fense.
| "Did you have any conversations with the
| police officials concerning this case?'' asked
! Mr. Dickinson.
ayes, sir; several times"
"When was the first timer"
april 90"
"Where was this conversation held?"
"In the Office OF the Chief of Police"
'sWhom did you talk with7"
Detective Gibson"
''Gibson or Seymour, was it?"
'It was with Gibson"
"Did you ever have conversation with De-
tective SEYMOUR"
eyes, sir; two or three times subsequently. I
cannot recall the dates of these, but think the
first was in the latter part of April"
estate what you said to Mr.. Seymour con-
cerning the rollcal OF your lecturer"
Barnes-We object to that as immaterial and
irrelevant.
The Court-How do you claim that is proper,
General?
Dickinson-We want to show that they had q
knowledge of the rollcall.
The Court-But how can that be relevant to
the issue? Can it affect the correctness of the
roll in any way?