The herald., 1895-11-02
CONVICTED OF MURDER


OF Durrant guilt barnes address is
considered one OF the NEST logical and elo-
quent efforts that was ever made hefors Il
California jury. He Is given great credit
for the verdict from the fact that the evi
dence was entirely circums tantial.
The case will probably be appealed to
the supreme court, and it is expected
that nearly year will elapse beforei a
decision wilt be obtained. While 1t is not
thought that any error has been COM
mitted the defense has mbraced every
opportunity to take exceptions TO the
rulings of the court. General Dickinson
took exception 70 three features OF the
| district attorneys argument tod Y.
He also took an exception to the Judge s
| charge.
The close of District Attorney Barnes ;
argument was particularly forceful and
eloquent. He SAID:
| Gentlemen, this defense throughout
| SHOWS that this defendant had but one
story to tell. 1t hns been general de-
NAL Of all that was told by the witnesses
for the state. He stands alone, his story
| is corrobJrated by none and denied by
his own witnesses. Their che sits, tn Q muir
! derer of century, the weakest and yet
| the strongest assassin that Goo ever put
the blood of life into.
In conclusion | can truly say that in
| opening the case for the people | endeav-
ored to the best of my ability to state
| without exaggeration and in their prop
er chronology the facts the state relied
upon to prove beyond reasonable doubt
the guilt of Theodore Durrant. | strived
to perform this most responsibl task
July. fairly and without prejudice or pas
sion, official OF personal.
My Obligation as prosecutor required
OF me such an efo AID | believe that l
have done nothing more nor less tnan my
duty as God has given me the power to
discern it. | ihay add that, so lar as my
perso al feelings are concerned, have
struggled. not without difficulty, all
through this Investigation, to be more
than fair to the defendant. to lay aside tir
the moment my sentiments of utter hor-
ror and detestation OF the man OF whose
guilt the proofs absolutely cOnyincei my
Judgment; sentiments which have daily
more and more oppressed and hindered
me as in no otner criminal case in which
l have hitherto participated.
''On the other hand, | may say that
nothing is nor has been asserted which
has not been and is not new completely
established by competent evidence. Link
by link the unDroken chain has been
providentially welded Step by sep you
have slowly but surely advanced to the
necessary and inevitable conclusion and
conviction beyond reasonable doubt that
TIE dore DGrrant was the willful MUIR |
derer of Blanche Lamont; that on We'd
nesday afternoon, April Sd, 1898, he took |
her life by means of strangulation In the |
Emanuel Baptist church. If, by your
solemn verdict he shall bs pronounced |
guilty of this fearful crime | shall know |
in every fibre and particle of mind and !
cons ,ience, official and individual, that
1t is in every sense true verdict, well |
rendered by jury which has faithfully |
discharged the obligations ii is under to
the law and to the community that anX-
iously waits to hear Its announcement. |
II, on the other hand. you shall be in
uuced to pronounce him guiltess, | shall
equally be assured that the responsibility
of so dreadful a miscarriage of justice
does not rest upon my shoulders, ana
will not rise to reproach me in the time
to come.
This horrible murder of young girl,
perpetrated under circumstances exhibit
ing such unpdrallele and extraordinary
de pravlty, has drawn to this community
the attention of great part of the civil
lied word, an attention which we might
well have wished to be spared and which
has accorded to our city bad eminence
wholly to be dsplored. | trust YOU Will
prove to mankind that while such
or me may be perretrated in San Fran
cl,co, il cannot avoid detection or 60
without punishment.
You have it in your power to prove
that here at least that spirit of rude jus
tice which underies the often righteous
indignation of the mot, born of dIstrust
Of courts, and the apparent unwilling
ness OF jurors 10 PUNISH crimes uf oIood'
San nave no reason 1Jr existence mere. Ue-
ause ihere IS mere no cause Tor douptlng
he ad I'm inistration of the law or tue de-
'o'loh OF Jurors To thelr pam dLti 10
man. and with reverence say II. to tneir
iuty to that God who Numbered from
sinai and spake as with the voice OF
many waters, lho0 sha't not XII:
so: mere nave you 10 combine ana
'lace IN que ordeF the testimony IN tne
l>a putrIlgtF1 Epprlnp. Wifi |
lesses nave brought 10 you thelr iacts,
htlr ooservatloh, theif cNpeflehce. sep
rated facts, each OF no great sielhcace IN
tseI' are borne TO you DIV many persons.
me structure you are pulIllhe depends
lpoh the truthlulness' the assortment.
pc mntlves OF no one man or one woman.
zach part hts with It's ompAnion part,
Vithout uoupl' hesllancy or var. Slowly
las this niohuhlehI VI pa'lehC 'hVestll a
Jay s''p"fei' az. va. ''o.e t'o'e
y soi.rdss .,nnhere Tbere is o., o..