The San Francisco call., 1895-11-03

asmuch as the subject had not been
touched upon in direct examination.
Durrant's attorneys will also file copies
OF all the newspaper articles published
since the murders in support of a conten-
tlon that public prejudice was SO aroused
against the defendant by them that the
Jury had not the moral courage to find in
his favor, or otherwise than they did.
Shoald the motion for new trial be
denied, as everybody but Dickinson and
Deuprey know it will be, Durrant's attor-
neys will at once take an appeal to the
Supreme Court.
Both Dickinson and Deuprey stoutly
hold to their convictions that their client
is innocent and say they will stay by him
to the last. General Dickinson said last
evening in this connection:
Il am as satisfied in my own mind that
Durrant IS innocent, as l ever was of any
thing in my life.
III didn't believe the fellow was inno-
cent would get out of the case; that is,
would not draw out in way that would
lnJure his case, but l would have found a
pretext before this that would have en-
abled me to get out. 1 certainly would
not have continued as I have done. with
out any remuneration and without any
prospect of it. No, do not believe Dur
rant is guilty; in fact 1 am positive he is
innocent, and / think the real murderers
will yet be found"
Should Judge NJ urphy deny the motion
for new trial Durrant will not be taken
to San Quentin, as is customary when the
death sentence is passed upon convict,
but will remain in the custody of the
Sheriff until the trial on the charge of
numbering Minnie Williams is disposed of.
Eugene Deuprey was reclining on a
lounge, piled high with comfortable pill
lows.
Mr.. Deuprey is much better. His physi-
clan says he will oe able to attend to his
numerous professional duties in a few
days without further interruption on ac
count OF sickness. The physicians pre-
dlctlon tlnds corroboration in the greatly
improved appearance of his patient since
his dramatic appearance in Judge Muir
phys courtroom a few days ago.
Unlike Dickinson, his associate counsel,
he is cheerful and hopeful under defeat
Eyes, certainly" he was willing to dis
cuss the case. He does not believe In put
ting sour face on over the failure of two
men to make twelve others think the same
as they do, and so affirm.
'Do think it possible to get fair and
Impartial jury in the Williams case?''
said Mr.. Deuprey slowly, in answer to a
question. That is serious question. 1t
is certain that the newspapers have
nodded public sentiment to a great de-
gree, and it is hardly possible that there
can be many men in this City who have
not read of and formed some opinion con-
cern1ng Durrant, but [ cannot pass on that
question finally just at present"
Though evading direct answer, it was
palpable he had his very grave doubts
about the securing of an intelligent and
unprecedented jury to try Durrant on the
charge of killing Minnie Williams.
As to a change of venue, in case IL was
found impossible to obtain fair jury in
the State, he said there is no provision of
law whereby the case could be tried in an
other State. The State is sovereign.
He had considerable to say about the
defense being handicapped by the manner
in which the newspapers have handled
the case, and then confined his criticism
to the methods employed by Miss Carrie
Cunningham.
''Her conduct is inexplicable to me. She