The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-09
ANOTHER MARES NEST.
Juror Smyth Did Not Visit En-
manuel Church During the
DurrSnt Trial
The following is from the Stockton Mail

The following is from the Stockton Mail {:
The reasons upon which Durrant's counsel
may base their motion for new trial for their
client seem to be multiplying. Juror Horace
Smyth is reported stating in newspaper
interview that, desiring to satisfy his own
mind as to the truth of the defendants testi-
mony, he went out to Emmanuel Church him
self and examined the electrical apparatus
and gas-burner to see if il was possible for Dur
rant to make the repairs rapidly as he
claimed TO have made them. Here is what Mr.
Smyth is reported as saying:
Durrant, Of course, did not have to take the
stand. The most convincing proof that occurred
passed over in the examination by the attor-
neys Mr.. Barnes referred TO it in his argument
newspapers L would have examined Durrant on
the matter when he was on the stand.
Durrant stated that he upstairs in EN-
manuel Church to repair the electrical apparatus
and gasburner. He told how he examined all the
relt them, turned the button off and and walked
the length OF the church twice. Then he walked
across the rafters, descended ladder and removed
ii. This ladder very heavy. Now, Durrant
swore hat he did all this while George King was
playing the piano downstairs He had heard King
commence 10 play and was certain that his work
consumed no more time than that young mans
practice.
King swore that he was at the piano only two or
three minutes. King and Durraut were chums
and 1t was evident during the trial that King was
trying to shield the defendant. This made the
reason for accepting his statement the stronger
IL occurred to that It was an utter and phy-
steal impossibility for Durrant to do what h said
in the TWO or three minutes that George King was
playing on the piano.
was out in the church myself and examined
into the matter to satisfy my mind. l am about
the same size as Durrant and rather athletic and
know that even in my best days I could not fix and
light those burners, go the rafters a few
times. descend a ladder and then remove it in TWO
or three minutes.
was so certain on this point that I would have
been willing, and am yet SO, to bet that no man
can acc omplish the feat.
l intended 20 question Durrant closely on the
matter, but thought would be abused by the pa
pers. His testimony In this regard gave the whole
defense the lie.
1 considered that when he lied once he lied all
the way through. His testimony in regard to the
time he spent fixing the sunburners, which was
enough for me.
1t is not quite clear as TO the time when this
intelligent juror made his investigation, but
the inference to be drawn from his statement
is that he had taken advantage of some of the
intermissions during the trial to go to the
church TO conduct independent in
vestigation. If Juror Smyth has been
foolish enough to do this the defendant
will undoubtedly be granted a new trial,
and it is altogether probable that Judge
Murphy himself will set aside the verdict if it
can be shown to him that juror has been en-
gagged outside the trial in the consideration of
matter affecting the rights OF the prisoner. Ii
jurors are to be allowed to conduct indepen-