Omaha daily bee., 1895-10-02
JUROR CAUSED A SENSATION
Alleged Threats, Had Been Made in Case
the Jury Failed to Convict.
DEFENSE WINS AN IMPORTANT POINT
Roll CnIi Book mt the Medical College
Admitted in Evidcncc-Testingt the
Accuracy of Pnwnbrol<cr OPP
penhcim's Memory.

ing up few ragged ends or testimony leIt
over from last week the defense in the
Durrant case this morning began the build
ing Of an alibi for the young medical student
from April to IL inclusive. The purpose of
the alibi Is to impeach the testimony OF
Pawnbroker Oppenheim and w. j. Phillips,
who testified that on April IL Durrant tried
to pawn Blanche Lamont's rings at Open
helms store. During the course OF the testi-
mony which covered Durrant's movements
on April and 5, a struggle was preciptated
by District Attorney Barnes, who again chal-
enged the reliability of a roll call book at
Cooper college. The argument ended in
victory for the defense so far as the ques-
tion before the court was concerned as Judge
Murphy sustained an objection to a question
propounde1 by himself to the witness and cut
off discussion
The trial began this morning with a sensa-
tion which was quite as unexpected to the
prosecution as to the defense. Juror l. j.
Truman informed the court that last Thurs
day during the noon recess of the court he
was approached by II. j. Mccoy general
secretary of the Young Mems Christian as
socation, who endeavored to engage him
in conversation on the subject OF the trial.
'If you don't hang Durrant," said Mccoy
to the juror, I'VE will hang you"
The court said the offense bordered strongly
on a crime and cited Mccoy to appear in
court at noon on October 3 and show cause
why he should not be punished for con-
tempt.
r. w. Maitland, the electrician who testi-
fed last week with regard to the construc-
tion of the sun burners in Emanuel church,
was the first witness called. The testimony
was of the same nature as that given last
week and was intended to show the liability
of the escape of gas under certain conditions.
TESTING THE PAWNBROKER'S MEMORY
The assault on Pawnbroker Oppenhem's
testimony then began. The defense called to
the stand four witnesses, by whom It was pro-
posed to test the accuracy of the pawn
brokers' memory. Marvin Curtis, William
Cathcart, p. j. Neumann and Leonard Ev-
erett, members of the National Guard and
signal corps, to which Durrant belonged, tes-
titled that they had taken various articles of
jewelry to Oppenheims store and attempted
to pawn them. They described the manner
in which they were dressed at the time. The
descriptions in many instances did not cor
respond with the descriptions given by OPP
penheim when he was asked to tell how
the men who tried to pawn the articles were
dressed. Each Of. the four witnesses said he
had subscribed money to assist in the de
fense of Durrants
The next step nwaS to impeach the testi-
mony of David Clark the witness who as
sisted Attorney Quinlan to fix the date upon
which he saw Durrant and Blanche Lamont
walking toward Emanuel church. John
Patten, Patrick Mulvaney and NJ. l.. Muir
phy said that Glarl's reputation for truth and
integrity was bad On cross-examination
Mulvaney and Mnrphy said they were preju-
diced against Clark from the fact that they
had had business difficulties with his father.
The districtgrattorney asked that the testi-
mony be stricken out, but the motion was
denied by the ctsrt.
The building of Durrant's alibi in con-
tradiction of Ie charge made by Pawnbroker
M ~ Asked II Durrant was pres
en- )re given on the morning OF
Az kor referred to the roll call
booI lat the defendant was re-
cor( On crOss-eXamination the
doctor said tnSt he had no personal knowl-
edge of Durrant's absence or presence. The
defense tried 70 offset this by asking If he
could give the name Of any one of the fifty
one students in the class VINO attended the
lecture on the morning in question. The doc
tor recalled the names of a dozen students
and said he believed he could remember more
II he we're given time to think the matter
over.
RULED OUT HIS OWN QUESTION.
The prosecution next attacked the re-
Iirtiiity of the roll call. Before the district
attorney had hardly reached the point OF
the subject, however, Judge Murphy took
hand in the examination. He asked the
witness whether in his experience as an in
structor at the college he had known of
instances where students had answered at
roll call for other students who were not
present. The defense at once interposed an
objection, and the court was placed in the
predicament of having to rule on its own
question. The judge said that while he might
permit the question to be answered if it
should come from proper source he would
sustain the objection for the present. Then
District Attorney Barnes asked the same
question and the defense interposed another
objection. Attorney Dickinson argued that
while it was possible to call into court every
student who attended the lecture and ask
each one if he answered at roll call for Dur
rant, it would be unfair to cast suspicion
upon the particular roll call in question by
any practice or custom that might have
obtained at another time. The court said
evidence sought competent, but for the sake
of safety sustained the objection
With Durrants whereabouts on the morn
ing of April accounted for the defense
attempted to show where the defendant was
the next day. George A. Merrill, an instruc-
tor at the Lick School of Mechanical Arts
said that Durrant called upon him at II
o'clock on the forenoon of April 5. Asked If
Durrant made known the object of his call
the witness replied in the affirmative. but he
was not permitted to tell what Durrant said
Before court adjourned Attorney Dickin-
son called the attention Of the court to the
large number of threatening letters that were
being received by himself and Attorney
Deuprey, and asked that the jurors be in
structed to turn such letters over to the
court. should they receive any. The Judge
said he received a great many letters of the
same kind
GIBSON is SARCASTIC.
Rev, John George Gibson, pastor Of
Emanuel Baptist church, was seen today
He was very sarcastic and answered all ques-
tions with irohcal frankness.
Were you, surprised at his charge against
you?" ~ IVY
mot at ALL His accusation is in harmony
with all the-settens OF the defense from the
beginning. You surely think | am very
simple II YOU sup qose | have been in ignorance
OF the work ,gpiDg on in the underground rail-
way" y
DO you think, the defense will spring some
surprises?' Az Ap
That is s5guod question, but / don't care
to answer ityhsPubic l think | can smell
rat as well asSany other person. / hope
the rat, for1HSown sake, will choose the
right mom4H p come out Of the hole
When he appSarE the cat will not have a bell
Your hanHyttSng is going to figure in this
case?" - -
Yes; Mr.$pepprey says so. He knows
what he. is~f3fklng about. He is Just as
sure OF my aandwriting as he was of Dr.
Cheneys testimony"
What is your opinion about the handling
of the case2"
I'm these days when analogy does duty
for logic 1t is positively refreshing to know