Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1895-09-29
Durrau.,s Trial.

Dan rhANClSCO, Oept. SO.-N q
the trial OF Theodore Durrant was re.
sumed this morning it was announced
that Pawnbroker Oppenheim. WHO
was on the stand under cross examiu-
alton when the court adjourned Fri
day, desired to change his testimony.
There was n stir in the court ms every.
N expected u sensation. 1t trans.
PRED the witness simply wished to
correct some he had given
OF his store. BY way of testing his
memory for faces OF those who came
to his store, Oppenheim was shown u
silver corkscrew and asked il he had
ever seen it before and under what
circumstances. He replied promptly
that about three weeks ago "a tall
man OF dark complexion. wearing
black clothes had come to his store
md offered tho silver corkscrew for
sale. In n similar he identi-
fled a silver watch shown him, saying
it had been brought to his shop two
weeks ago by a short man wearing
gray clothes.
The attempt of the defense to i'm
peach the memory of this witness
proved a boomerang, as the detend-
ants attorneys could not catch him
on questions OF identifying iewelry.
He seemed to recognize those articles
as an ordinary many does faces. When
asked il rings like thnt said to have
been offered for sale by Durrant we're
not made by the dozen, the witness
said he did not know that. II was q
machine made ring but he, had never
seen another like it and he had hand
aid thousands of rings many of them
cheap,
The next witness was W. j. Phil
lips, a cigar manufacturer. He said
about the middle of April he WIS
passing the street where Open
helms shop Is located. Hesaw man
whom he identified rs D%urrant, com.
ing out. He saw O%ppenheim hand
him something then Durrant left the
shop, O%ppenheim following him a few
steps. When asked il he saw tho
young man who left the store in the
court room, Phillips stepped up to
Durrant and said: THAT'S the young
gentleman" Phillips looked Dur.
rant squarely i'll the eyes and Dur
rant returned the gaze OF the witness
When asked il he saw in the court
the keeper OF the ~pawnshop, Phillips
after looking around, said SNo.r AT
that time Oppenheiw was sitting be.
hind the jury box in such n position
that he could not be seer from the
witness stand. The Judge ordered
the witness to walk around and see IL
Oppenheim was present. Phillips
walked down from the stand and MS
he canght sight of OppenLeim under
the jury box he cxclaimed: "TIiere
he is This answer created much
excitement, but all manifestations
we're suppressed.
Phillips was asked how he came to
notice Durrant so distinctly coming
from the pawn shop. He replied that
he thought DurraDt was one of those
men who live upon the earnings OF
fallen women.
When asked his reason for this sup
position, tho witness said Durrant
had that appearance and his looks,
taken together with the quarter OF the
city in which he then was, led to
the conclusion that Durrant was a
vagrant.
Phillips, whose appearance WIS
most respectable, said he remembered
Durrant not only from his face. cx
preston, figure and clothes, but also
from the twitching OF his lips, and
the witness added he had noticed
Durrant's lips twitched frequently
during the trial.
officer Burke then Unidentified Dur
rants coat and hat, which he had
taken from his fathers house when
defendant was arrested.
The defense admitted the coat md
hat belonged to Durrant. The
court then took q recess for two
hours.