The herald., 1895-11-03
NEW TRIAL WILL BE ASKED
Attorney Deuprey Thinks the Verdict Will
Be Set Aside
II Not He VIII Appeal the Case to the
Supreme Court
On Friday the Date Of the Trial Of the ninnie
williams Murder Case viii Be
Set-The Evidence Said
to Be Strong
Associated Press Special Wire.

Associated Press Special Wire.
= SAN FRANCISCO. Nov. 2.-The calm
and confident demeanor OF Theodore
Durrant continues unruffled, despite his
conviction yesterday Of the murder OF
Blanche Lamont. He chstted affably
and unconcernedly today to the newspa-
per men who called to see him at the
county iail. He denied having stated
last night that Judge Murphy, who pre-
sided at his trial, had been his prose.
cutor, admitting frankly that Judge Muir
phys charge to the jury had been per-
fectly fair ard his rulings impartial.
"This verdict Durrant continued,
''does not affect me at all. l felt no
different when heard it than 1 did be-
fore it was delivered, and l am just the
same today. As matter Of fact, there
has been nothing in all this case which
has moved me in any way. and there
Will be nothing. I do not wish to be un-
derstood as saying that am insensible
to feeling, but know my whole life and
Just what have and have not done, and
a consciousness OF my innocence buoys
me up.'
Attorney John H. Dickinson said to-
day that Durrant's counsel would ask for
a new trial and that if Superior Judge
Murphy did not grant the application, an
appeal would be taken ID the supreme
court Of California. Dickinson said that
the application will be based upon the
exceptions noted during the trial. He
added that the removal Of Juror Brown
from the panel after he had been def
nitely accepted by both sides would be
one ground of appeal and the admission
OF tho testimony Of Miss Carrie Cunning
ham. q newspaper reporter, another.
Dickinson said that he was NOS surprised
that public opinion was positive against
the defendant. He stated that every
point made by the prosecution was ap-
plauded in the court room and that the
Jurors were thus shown what they were
expected to do. Dickinson charged that
DuTrant had been bounded In the news.
papers, and referred to the remark of
Secretary H. J. Mccoy of the Young
Mems Christian association to Juror
Truman: If you don't hang Durrant.
we will hand you, rs an instance of the
unfair influence at work against his
client. The attorney added thar he would
stand by Durrant. wnom ne beiieved to
be innocent and whom he hoped yes to
see vindicated.
Chief OF Police Crowley and Chief OF
Detectives Lees today received scores of
telegrams from police officials all over the
country, congratulating them upon the
outcome of the trial. When Durrant 10
brought up for sentence next Friday Dis
;r:ct Attorney Barnss will ask that the
prisoner BIZ arraigned on the charge of
having murdered Minnie Williams, and
will ask that the date of the trial be set.
rhe prosecution is ready to proceed in
this case, but it is understood that the de-
fense will ask for continuance for two
months.
The district attorney says that at the
conclusion OF the preliminary examina-
tions OF Durrant the evidence WAS much
stronger in the Lamont tha an in the vii
liams case. In developing the former,
however, new and stronger evidence was
adduced in connection with the murder
of Minnie Williams, so that the prosecu-
tion claims the possession OF more conclu-
sive proof of guilt in the case yet to be
tried than in the trial lust concluded
The most important of the new wit
nesses Is Alexander Zeuger. a cabinet
maker, who Is a member of Emanuel
church. He SAYS that on the night of
April - he called on Mr.. Taher, on
Twenty.third street. About $3.50 he left
there and started for his home at II
Randall place. He walked along Bartlett
street. and when he came to the Emanuel
church he saw Durrant and Minnie Will
liams standing at the side door of the
CuuTCU. luo btOTy IS COntIaQ1CteQ by
Durrant. who. in an interview on the
night of his arrest, stated that he did not
see Minnie Williams at all on April IL
and had not seen her for three weeks
prior to tnat dav.
1t is expected tnat the defense will ask
for change of venue In theWilliams case,
as it is thought that If by any remote
chance the prosecution fails to secure a
conviction the result will be to cast a
doubt over the justice OF the verdict in
the Lamont case. 1t is generally agreed
that the man who strsngled Blanche La
mont slaughtered Miss Williams. II
dis.n ssal in the untried case results, it
will furnish grounds for claiming mis-.
carriage of justice in the case already
tried, and will furnish basis upon
which to appeal to the governor for ex-
ecutive clemency.
would gain little by a change of venue.
1t is the general opinion that he IS safer
here than In any other spot in Califor.
mia. We're he to be transferred to any
other place for trial on charge of mur-
derine Minnie Williams there might be
lection Of tie sheriff, police and with the
militia at hand, he is safe from such pub
lic violence as recently occurred at
Yreka.
1t has been intimated that the defense
may allege insanity ae defense in the
Williams case. Many physicians and ex-
perts on mental diseases argue that the
murderer has an abnormal brain, but it
is Questionable if they will declare him
morally irrespr nsible for his acts.
Durrant bad many visitors today, min
listers, friends, mother and father and at.
torneys. Even a juror-Horace Smythe
called upon him. Juror Smythe Is &C.
centric. He likes to do odd things and
effect odd manners. They are privileges
honored In his person by the tolerance of