The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-26

II lay great stress upon this matter
because it is the pivotal point of this
case. If you are not absolutely sure, il
you are not positively sure beyond q
reasonable doubt tn lat he was not at that
seizure, then you must acquit HIM.
1.-The testimony OF the defendant shows
that at 4:.5 D. m. on that day he went &c
the church. This was &C the close OF the
lie cture an has not been denied. Several
re portefs have said that in interviews
went to the church at or 4:15. Now
this does not contradict the witness MOI
allow cf the conclusion that he arrived a,
the church at five inmates to 5, for he
fully explained his words on the stand as
ysu &c ard him. HIS testimony is clear.
given without any hesitancy and was the
Truth.
Ar other thought suggests itself. At
the u me the stateme at was ma 9 the
young nan mad just been brought in.
He hs been i'll Jail only one hour. He
was ia the booking room of the city
prison. EVERYTHING was excitement. The
city was flooded with extras, and | am
graft fed that at that time he made no
brea k.
Arrested and broug.l. in under such
conditions, almost assau lted by the news
gat herers to give his sia ement, the only
haN In this statement, picked out dill
certify by the prosecution. is in the small
matter of the language. Il went to the
church between and 1880 o'clock
This | consider, SO, a srong link in
the chain of evidence in his favor. He
didn't attempt to conceal anything. He
spoke frankly, and the only flaw in the
whole story was the iStatement that the
defen dant went to the church between
AIS a nd 80. He m fant he left the lee.
ture at that time. otherwise he would
have said he mad arrived at the church
at tnat time.
"And another thought comes at this
time. There was no engagement what
ever. There is nothi ng from which can
even draw an inference that the defend
ant In tended to meet Blanche Lamont on
that dav. He would not ne running up
and down on the sidewalks, under Mrs.
Vogels opera glass, if tie made an en-
f,agement with the innocent girl.
When did this idea seize him to go
and meet this lady? When do this
change take place? When. in the Ian
gtage of my learn ed friend, when did he
be come the monst err? His conduct before
during this hearing has been most re-
spectacle.
~ defy the pro secution to bring forth
one single straw In the evidence that will
show t.aG any engagement with Blanche
Lamont had been made by this young
man.
1T seems to m e that it is a monstrous
proposition to advance, under the cond,-
tons that have been laid before you in
this case. If he had had any designs on
this girl he wouai have made an appoint
ment i'll the morning to meet her in the
afternoon
General Dickinson discussed at length
the meeting OF King and Durrant and ar
gued that if the prisoner had murdered
Miss Lamont he would not have gone in
to the presence of King when he could
have as we'll quietly left the church with
out seeing anybody. In discussing the
testimony of Mrs. Crosset and Mrs. Leak
he said he believed each told what she
thought was truth, but as a matter of
fact had become confused by reading SO
much about the case. If Mrs. Leak really
saw Durrant and Miss Lamont enter the
church ne asked why she did not tell Mrs.
Noble OF the fact when she knew Mrs.
Noble was broken-hearted over the MUIR
der of her niece. TO have told Mrs. NOBLE,
whom she knew we'll, he said would
have been only the act of one true woman
toward another. AS a matter of fact he
said he believed that at the time Mrs.
Leak was not sure she bad seen Durrant
and Miss Lamont enter the church to-
gether, and only became positive after
she mad read about the case in the news
papers for three months. He said he be-
1ieved Mrs. Vogel and three school girls
who testified that they saw Durrant and
Miss Lamont board powell.strcet car in
front of the normal school had erred IN
the same menner. Nothing was more
common in everyday life. he said, than
to make N istake in identification.
General Dickinson dwet on the term
reasonable Doubt" He made extended
remarks Illustrating TO the Jury the Judi
cial definition of the exp ession, and the
importance OF the jury thoroughly under
standing 1t.