The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-23
by it unconsciously and with the honest 1nten-
tion of doing their dutv

by it unconsciously and with the honest 1nten-
ton of doing their duty.
That the courtroom is public place, and a
trial in which the community is deeply inter
ested brings the people there, and the lnttu-
ence OF their presence and feeling is strong
argument and almost irresistible, one way or
the other.
That the influence of other persons and the
expression of their interest in the event OF the
trial, in divers ways may give a false coloring
to the testimony and bias the judgment in
weighing and considering it, and thereby de-
prive the defendant and affiant of fair and
impartial jury and fair and impartial trial.
That the very enormity OF the ofIense which
is charged arouses and causes Indignation OF
the community of the City and County of San
Francisco, State aforesaid, to such degree as
to make it apparent that dispassionate in
vestlgation of the case cannot be had, and
that under such circumstances, affiant alleges
that the places of trial should be changed in
order that affant and defendant herein may
obtain and have a + air and impartial trial.
Wherefore, defendant and afffant herein prays
that an order be made by this honorable Su-
perior Court directing change of place OF
trial from the Superior Court OF the CITY and
County of San Francisco, State OF California,
to such other county of said State as to the
court it may seem proper to change the place
OF trial to, wherein this defendant and affiant
may have and obtain a fair and impartial trial
of the terrible charge now made ana pending
against him.
Mr.. Deuprey's voice showed the strain to
which he had been subjected during the
preceding hours, and he sank into his
chair with an evident feeling of relief as
General Dickinson arose and produced
another affidavit, which the latter said had
been made by the defendant and was to be
considered as supplemental to the one just
filed.
In it the defendant prayed that the
name "W. H. T. Durrant" be substituted
in the former document for the name
Theodore Durrant." which appeared
there through mistake, as w. III. T. Dur
rant was his name.
The remainder of the affidavit consisted
of other newspaper clippings and pictures
on different phases of the church tragedies.
The principal of these was contained in an
article on the play recently constructed on
the Emmanuel Church murders, in which
all the principal figures in the original
were thinly disguised under other names.
The general story of the killing was fol-
lowed as nearly as dramatic eXlgencles
allowed, and the action revolved around
Henri Dubois, the devil incarnate. 1t was
full of livid passages, red fire. demons and
snaky music, teeming with darkling hints
at metaphysics and loaded to the wings
with soliloquies for the villain.
At some of the passages, particularly
where one "Carrotty Bill" the janitor's
boy, worked in the comedy, Durrant
smiled broadly.
I'm in the hands of the police" read
General Dickinson, representing 'Carrotty
BilP' for the nonce. "The only thing to
do is to get out
Durrant smiled some more, as he did
again when his attorney read something
about the demon malice. with big bass
voice, uttering tremendous prophecies in
the dark. The play evidently interested
him immensely, but the reading was soon
over, the affidavit filed and another one
taken up. Durrant's last opportunity for
smile during the afternoon came IN
moment.
This" said General Dickinson, "un-
rolling paper, sis the affidavit OF Charles
j. Gienger, druggist
"What?" asked Judge Murphy.
"Gienger,' replied General Dickinson.
at would be Ginger if the 'e were left
out"
Durrant smiled and looked at his father,
who also smiled, and the attorney then
read the affidavit, as follows:
Charles ]. Gienger being duly sworn deposes
and says that he is citizen of the City and
County of San Francisco, has been since the
first day of April, 1895, long previous thereto
and now: that the business of affiant is that OF
contact with many of the citizens or the City
and County of San Francisco aforesaid, and
that the affant has daily read highly imam
matory articles in the newspapers III the City
and County of San Francisco since the l4th
day of April, 1895, to and including the 9th
said articles we're published in the newspapers
daily issued, printed and published in the City
and County of San Francisco ana that the
effect of such publications has been to create