The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-30

t.ieht, III uncontrad1cted testimony, says
that there were footprints, and Detective
Gibson was contradieted by nufaber OF
witnesses when he said there were o one.
IN my mind there is strong evia ence
70 prove that the unfortunate gill was
Killed in the belfry. The testimony
SHOWS that on the landing where she was
FOUND there were marks as though tue
oody had been dragged in the dust. while
IN no case has there been any evidence
10 adduoe that any such marks were
round on the steps, except the small drop
| OF olood shown on the door landing and
brought here by tho officers
Il Will now take up Mr.. Oppenheim
ior a lew moments. | submit that in this
| gentleman the prosecution had very
swirl and willing witness. His memory
improves with time and was much better
at this trial than wnen he took the stand
at the preliminary examination. If you
Will rem Der he changed his testimony
and stepped a few steps forward. That
was necessary In order to have Mr.. Phil
lips see him as he passed down Dupont
street.
mir. Phillips would not have seen him
II he had been in tne chair. For Mr..
Phillips tnen to testify Mr.. Oppenheim
must move forward. Thus, you see the
significance of the testimony.
Now the positi7eless with which Mr..
Oppenheim testified subjects it to severe
u
lively and SO accurately for such long
time back? He testified this was the
only ring of the kind ever presented to
linn and yet he says it is a very common
ring, one IN AIDE by machinery and similar
to others circulated broadcast in the
community. Yet he swesrs he never saw
another ring like it. Does that seem
probable?
rs ii probable or possible, judging by
what rules of human nature we possess,
that the defendant would try to sell that
ring? Would not self preservation lead
him to do otherwise? Besides, he was not
in need. He had money in bank.
ION the Sth OF April he made deposit
in the bank,yet Oppehneim says the ring
was offered on the 18th, possibly the 5th.
AT that time defenuaHt, as his bank book
SHOWS, had $23.
He had in this San Francisco Savings
Union on the same date $3S to his credit,
having deposited on March 9th the sum
or s3I. l submit il IS absolutely i'm prob-
able that the defendant having the mon
ey in bank would have offered the ring
for sale. AS to Miss CUNNINGHAM |
have little to say. l am willing she
should be condemned out of her own
mouth, with the flowers, fruit, papers
and books that she sent him. She says
she promised not to publish anything
that the defendant said to her without
his permission. She had motive in
visiting the Jail anu has told us of having
heard story on the outside which she
went to the Jail to inquire about Of the
defen iant.
'she was under salary on the Cnroni-
Gle. Her information gained was the
property of the paper But she says: II
agreed not to publ sh it," Particularly
with regard to an envelope which she
spoke of. Why did she not report 1t at
once. as she did later? Why did she not
give the police az opportunity to search
his cell, that if such was the truth it
might be found?
This young lady was on the witness
stand once before, when she refused to
answer question as TO whom she had
received certain Information from. She
gave as a reason that she had taken an
oath not TO divulge the source. She later
came to us and told us on the stand that
she prom ised the prisoner not 10 publish
anything he said to her. Now, | submit
when she told what she knew to the pros
eoutlng officer she gave publication of
the facts to the world. | leave her seated
in her own treachery and deceit. She is
IN form and appearance a woman, and
therefore safe from my criticism. But
she Is in reality deceiver the snake
curled up in the nest of her pretended
friendship, in her close interviews with
the defendant. the snake Turing him on,
on to destruction and death. Her story
is illogical, incorrect and inherently IN
true, and out OF the words of her own
mouth we will leave her to Der humilia-
tion and degradation"
General Dickinson next argued that
Durrant was not physically capable OF
strangling Blanche Lamont who, ne said
weighed nearly as much as the prisoner.
Grant that he was frenzed and had
all the strength that comes under such
circumstances. Where was shs? BY the
IS
only protecting her life, but her virtue,
which was dearer. Could he by any pro-
cess have gained control over her so as
to render her unconscious? | say such a
thing is impossible.
Everything in the church that could
be found was brought here. There is no
evidence of ropes or straps by which he
could have bound her.
he testimony of the physician that
there were seven marks upon her throal
indicates that he struggle Was difficult
one. Can one imagine an incentive
where such fierce struggle could posi-
bly, he had and yet no tear of clothing or
scratch be upon the figure of him who
com mitted the crimeP Was it possible for
one man to have murdered this woman
alone? No, no. There must have been
and | am positive that there were two
men-men able in body. 1t would have
been a physical inn possibility for this
man, this weak stripping, to carry her
body up those narrow and direiul stairs
OF the belly.
And now, gentlemen, have endeav-
ored to confine myelf to the testimony;
have about com pleted my task; and IN
conclusion | desire again to call your at
tention to the roll call, which is the piv-
otal point Of the case. There is nothing
whatever to throw any discredit upon it.
1t is corroborative ofA what this defend
ant has said. He Is oorroborated bv
every student of the class. He is corrob-
GRATED by DR.. Cheney, who testified that
he believed it to be correct. for he had
questioned every student of his class.
BE careful not to be swayed by public
opinion. Let the case be decided BY the
law, the evidence and by the instructions
that his honor will give you, and we will
be satisfied IN whatever way it may shape
itself.
I'VE have made our fight, and now we
leave the matter in your hands, confident
that you will do what is right and that
you will return the defendant to his
home, to his parents, and that his future
will be reopened to him, blight and rosy
as it was before these suspicious fell up-
on him."
Mr.. Deuprey's opening was in his u.s.
ual style vigorously denunciatory. He
spoke OF the life that was at stake, spoke
OF the tlimsy fabric that had been built up
around the prisoner, of which too much
had been made. He claimed that there
had been gross exaggeiaton of the case
against Durrant, and he proceeded TO
show up the weak points to the jury.
Reviewing DuTrants actions on April
the roll call He had heard with some
n nj