The herald., 1895-10-31


whose temple he had defiled seemed to
slumber. The murderer went his guilty
way, with his undivulged crime, un-
scathed and unwhipped of justice, while
his vcitim lay in the spire that pointed
its slender finger to the sky as if re-
preaching its Ruler for his unmoving in
dgnation."
Mr. Barnes then related the circum-
stances in connection with the discovery
of Miss Lamont's body and from the facts
drew the conclusion that she was muir
dered bv some mem Der of the church who
had keys to the building and in whom
she had confidence. The murderer must
also have been man whose cunning was
sufficient to enable him to stitle the nat
ural feeling of timidity which always ac-
com panies innocence and induce her TO go
alone with him to the darkened church
in which they both worshiped on Sunday.
Such man, he said. is Theodore Dur
rant. ONLY a monster capable of taking
tie life or an innocent girl, he said could
remain Impassive ana almost defiant
when accused of such crime.
"GentIemen, continued Mr.. Barnes,
'such q man is OF such rare quality that
if confronted at last with the proofs of
his crime whose recital has shocked ell
civilization he could and he would, as he
has done, sneeringly smile in the awful
presence of the relics of his victim torn by
his hands from her stiffening body and
exhibit neither pass on nor emotion, neil
ther sympathy nor regret for the unfortu-
nate child he had brought to premature
grave. Such man could we'll lie in jail
awaiting his trial for murder and clothe
his villainy with the mask CT a pretended
trust in the Jehovah whom he had de-
fed and play the saint with verses and
phrases stolen from holy wit. lie could
listen with grim com ol AGENCY while MS
counsel struggled to weave web OF sus-
nj
ne knew to be innocent, and from the be-
ginning to the end of his trial for the
highest crime known to the law, remain
the same nerveless, passible, smiling
villain.
II am aware, gentlemen, that in a case
of this character, equally with that
where crimes less atrocious are laid 10
the charge of any creature. the case OF
the people mnst rest upon it's strength,
and not upon the weakness or the failure
Of counsel to prove tnat which he most
confidently promised TO establish. nave
not the time, nor should you possess the
patience to wait on me while | conpara
the bold and confident utterances of al
legged facts exculpatory of his client, into
which zeal has betrayed the advocates OF
the defendant, with the wretched and
total failure Of proof. If such compari-
son is obvious, you can make it for your
SELVES | must observe, however, that
| listened to the opening statement for
the defense with an absorbing interest.
| was disapI ointed in but little. What l
heard / expected to hear. save one
thought which filled me with amazement
aud pain. The learned counsel who
opened the case OF this defendant Invoked
tbe spirit OF Blanche Lamont and voiced
her thought by saying: Let him go free;
he harmed me not. Gentlemen, like tie
counsel, | have felt her presence during
all the long and tedious days OF this i'm
portant trial. l have seen her, as she
was Oh the third day of April last, as she
left her school and her classes, with her
| little burden of books and paper. L see
| AGAIN slender robe before me with her
eirlish form. Above it l see her sweet
| lace, haloed By it's wealth of hair, her
! gentle eyes, her smiling mouth dropping
| kindly words, bubbling mp from the un-
polluted depths of a pure beart, | hav.
seen her as she was when the defendant
! addressed hey at the door of the normal
sch ool l have seen her every dav; see
her now. There she stands. behind him
| at this hour; not praying for vengeance
| tor her deep and remediless wrongs nor
! for the laws retributioo upon her muir
derar, but with uplifteh hands and
/ streaming eyes praying that God will
not put it into your hands, by the
mockery of verdict OF not guilty. to
| set this monster lree upon other gentle
souls. to polute with vile hands the un-
]
anew that God of justice, whose minis
ter5 you are.
In speaking of DurraHt's defense, Dis
| trict Attorney Barnes said all alipi was
| the first ana favorable method of crlmi-
| mails to escape justice.
"Durrant's testimony is a mass of con-
tradctiuns from beginning to end, said
Mr.. Barnes. Not only has he contra
dicted the testimony of the prosecution 4
witnesses, but he has contradicted the
testimony of his own. | submit to YOU,
| gentlemen, that there is nothing in the
| testimony OF the defendant or Of any
witness presented by the defense to es-
tablish the alibi that the defense has
tried 20 build up in this case"
| Mr.. Barnes said he believed it had been
conclusively proved that Durrant did not
| attend DR.. Cherev's lecture on the alter
noon of April Sd, notwithstanding the
| fact that the prisoner is marked present
| on the roll call. Even if no one else
| answered for Durrant, ne said the roll
| call was but copy of the original record
| and had been proved TO contain errors.
| If nurrant was at the lecutre, he asked
why hau not at least one student out OF
| the class of sevsnty-four been broug b t
| forward to testify TO the fact Why had
no witness been produced who saw Dur
! rant on his way from the college to the
| cbudrh?
Ths district attorney said there was
| every reason Tor believing Dr. Gfanam
| te stimony to the effect that on April 2Uth
| Durrant told him he had no notes OF the
| lecture and asked to borrow his. Or.
| Graham was friend and ciassmate OF
| Durrant and would have no motive for
| telling "A falsehood. AT that time Dur
rant had made a copy of Glaser's notes,
hut he wanted Graham's in order that he
might make enough changes so that IT
| would not be apparent that he had copied
| from GIaser's With regard to the state
ment made by General Dickinson to the
effect that he had Durrant's notes in his
possession three days before DR.. Graham
| had his interview with the prisoner, tn e
district attorney called attention to the
fact that General Dickinson negelcted to
! testify to that fact. AS the statement
was of the utmost i'm portance to the pIls-
oner if true, Mr.. Barnes commented on
the tact that Dickinson elthough he went
| on the stand to testify about the book
strap, did rot while under oath tell that
he hal Durrants notes in his possession
on April nth.
MIR. Barnes closed with an eloquent ap-
peal to the jury to avenge the murder o.
| Blanche Lamont and protect the womer
ana girls of the state by returning vei-
diet of guilty of murder in the first de
gree with the penalty of DEATH
The district attorney Will conclude his
argument tomorrow afternoon. when the
| Jury will be- charged and the fate OF Dur
F, rant placed in their hands.
Gibson's AIibi
SAN FRANCISCO, Oct. 30.-Now tina
the Durrant trial is practically over, Rev.
| Nv Gtbsnn whose name has bpen man