The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-02
G against him on that

lien dollars"
"Have. you any feeling against him on that
| account?'
mot particularly on that account"
Then you have some feeling against him?"
"Did you keep saloon before you kept the
hotel2'
eyes, sir.
DR.. A. w. Hayshalt, at present at the
State Insane Asylum as house physician,
but lecturer at Cooper Medical College
in April last, was the next witness.
In answer to Mr.. Dickinson's questions
he said that on April last he delivered
lecture on the "Physiology of Chemistry
at the Cooper Medical College between 10
and IL o'clock in the morning. Witness
had the rollcall of that lecture with him.
1t showed that Durrant was present at
that time. Mr.. Dickinson offered it in
evidence.
The District Attorney objected to this,
maintaining that the whereabouts of the
defendant on April was not the subject
of this inquiry.
Mr. Dickinson--This testimony is offered to
disproye that OF Oppenheim, who said that
Durraut called at his store in the morning
some day between April and TO-
The COURT will allow the evidence for that
| purpose.
Mr.. Barnes (cross-examining)- time
| did the lecture begin?
CATO o'clock"
Chow long do your lectures last?"
t"The actual lecture does not always last
| full hour
teDo you know of your own knowledge
! whether the defendant was present at that
! lecture?'
| "a do not.''
Deuprey-We object to that.
| The court-1he objection is overruled.
| "Then you testify, as to Durrant's being pres
ent or absent, only from what the rollbook
| shows?"
| eyes, sir. do not remember further as to
| Mr.. Durrant."
Dickinson-Whatw twas the number of students
| in your class?
About seventy-four, think"
CHOW many were present that day?"
81 can tell by looking on the roll. Fifty-one
students answered to their names"
''To what extent do you know the students?"
E'Some of them I know intimately; some
only know, by sight. L know all OF them at
| least by sight,
/ "How many do you remember seeing present
| that morning?"
az can only guess at thatnow-abouta Dozen
| If had time 10 think it over might enlarge
The Court-How long have you lectured at
| the college?
Witness-Five years.
The Court-Do you know of any instance in
which one student answered for another at the
rollcall?'
Deuprey-I object to that.
The Court-Well, l shall withdraw the ques-
ton as far as the court goes think it proper,
though.
Dickinson-we certainly object to any such
| question. We have confined our inquiry to a
| certain day and hour and should not be bound
| by any inference that may be drawn from
| custom, if that be the custom.
Barnes repeating the courts question in
another form)-I insist upon the question. 1t
seems to me competent in every way and GER
| tainly bears considerably in this case.
| Dickinson-We insist that it does not throw
| light upon the particular point in question.
| The court-The witness says he does not have
! any personal recollection of the defendant
| being present. 1t seems to me, if it were fact
| that student answered for another, that
would have weight as to showing what de-
| pendence is to be placed upon the roll.
Dickinson-The best evidence, your Honor, is
always the most direct evidence The prosecu-
/ tion can call all the students and ask them if
any one answered for Durrant. l submit that
the cross-eXamination should be limited to the
precise hour and day in question.
The court-But the custom, If it were a custom,
would surely go toward establishing what de-
gree of weight the rollcall has. You do not
contend that it would not?
Dickinson-I can only reiterate our conten-
ton that the direct evidence is always the best
evidence.
The court-of course, that is the rule. The
most direct testimony, where 1t is available,
should be produced. To be on the safe side
think will allow the objection and not permit
the question.
Barnes(t Ito witness}-Did you attempt in any
way to verify the correctness of the roll?
Not particularly
"You simply marked present when the
voice answered."
mind by the tone in which the answer came"
"Do you remember any such instance occur
ring on the 4th of April?
eyes, sir; l think ] do"
Chow long have you known this defendant"
al have known him by sight several years;
could not always have called his name I
could not have done so in April last, but /
knew him very well when saw him.
"When was the roll called, before or after the
| lecturer"
"Before the lecture began"
| Juror Smyth-Did anybody leave the class
during the lecture?
| Witness-I don't remember that.
1 Jnly ff,cN Ia1, -, L.
| ture?
"In the main lecture-room."
"Was the door locked or unlocked during the
| lecturer"
81 don't think it was locked"
George A. Merrill of the School of Me-
chanical Arts at Sixteenth and Utah
streets was sworn. He testified that he
had known the defendant for several years.
On the 9Th of April last at II :15 o'clock in
the morning Durrant came to the school.
He said he dropped in to see the school,
said witness.
him?" asked Attorney Dickinson.
ELL" O '- S'-'' 0--''- OoO>-
500 you know when left?"
"No, sir; but heard he staid till l2'
The court-Let that be stricken out-what
| the witness heard.
"How far is the school from the City Hall ?''
it,
In cross-examination Mr.. Barnes asked
"Do you know Lucille urner?"
"YeS, sir'
us she student at your SCHOOL,"
| eyes, SIR
"Was she a student there on April of this
year,"
Deuprey-We object 10 this.
Inc COURT will oVerrule the objection.
/ 5W1tness--Yes, sir; she was student
"D1d Durrant make any statement to you
concerning his purpose in visiting the school?''
| asked Mr.. Barnes
] Deuprey-We object to that.
The court-He may answer yes or no.
Witness-Yes
'What was that statement"
Deuprey-We object.
| examination?
Barnes-I withdraw the question. ITO wit
nessl.How long a ride on the cars is it from
the City Hall to the school?
| Wltness-About II or Is minutes. IL Won
make the connections all right.
aMr. Dickinson called for Barclay Hen
ley. There was no response. He called
for A. z. Overton. then for o. H Holt, but
there was no response to any of the names.
I'm view OF the fact that there are no further
| witnesses present." said Mr.. Dickinson 81 am
llng