The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-08
THE DURRANT CASE MINED.
Maybe the Prisoner VIII Not Be TrIde
In san Francisco.

San Francisco, Aug Theodore Dur
rant may not be tried In San Francisco af-
ter all The reason for this is the tangle
into which the attorneys in the case find
themselves in regard 10 Jurors. After much
care and deliberation seven Jurors have
been selected, only TO find two jurors OBJ
jectionable in more ways than one. In
this respect the prosecution seems to have
got the worst OF IL. Juror Walter Brown
is said TO have stood for the acquittai of
N. u. Howell in a trial for counterfeiting.
his reason being that he did not believe in
conviction on circumstantial evidence.
Charles p. Nathan, another accepted
juror. has a record in Sacramento for OBJ
jecting TO the death penalty in cases OF
circumstantial evidence. AS the evidence
against Durrant is altogether circumstan-
tial. the discovery fills District Attorney
Barnes and Detective Capt. Lees with dis
may In view OF these matters. IL is said
that when twelve men shall have been
chosen as jurors the district attorney may
ask leave TO challenge the two jurors The
defendants counsel viii probably object
TO this. but may consent to a dismissal of
the entire Jury. This would clear the way
for a renewal of the motion for n change
OF venue. Judge Murphy may find himself
impelled TO grant this renewed motion II
II is made. The case seems TO be almost
hopelessly mixed. according to the opin-
ions Of prominent attorneys.
Proceedings IN court this morning empha-
sized the dilemma OF the counsel in the
case. Before the court was called to or
der all the attorneys on both sides held a
lengthy consultation. As soon as Judge
Murphy had taken his seat he announced
a recess, and, accompanied by the attor-
news. retired TO his chambers where a sec
ond long consultation was held. When the
Judge returned to the court room District
Attorney Barnes asked for an adjourn
ment until tomorrow. saying: Certain
matters have arisen which demand imme-
date attention from the attorneys on both
sides. and an adjournment at this time
would in the end expedite matters" At
torney Dickinson. for the defendant Join
"a I'm the request for an adjournment The
judge said he recognized the pressing ma
ture Of certain exigencies which had
arisen. and granted the motion for an ad-
jourrment.
Juror Walter s. Brown here created n
sensation hv asking permission to address
tho court. lie said he was prepared and
desired 70 make a personal statement re-
Earding his attitude IN this case and 9th
ers In which he had served as juror The
Judge said he would hear the Jurors state
n'eat IN OMEN court at the proner time
which was not this morning II is said
that Brown will review his action in the
Howell case and invite full Investigation
Of HIS record and attitude The whole af-
fair - made more unfortunate by n state
ment made by an attorney IA private that
. new cauye a. trouble has arisen by rea-
son Of sworn iurors in the case having
been interviewed on the case by newsna-
per men for publication IN the daily IA
pers Brown was. among others. inter-
viewed The Judge especially warned the
Jurors not % discuss the case with any
one
District Attorney Barnes announces
tNa; for the purpose ~ avoiding DELAYS
that might arise from the sickness or
death 81 a Juror fourteen Jurors will he
iupaneie8 20 try Durrant The attorneys
IN both sides have agreed 20 this action
from the fact that tho trial IS expected %
last several months The two extra iu-
rors viii attend the sessions of the court
regularly. the same as the other Jurors
bat viii take no part IN formulating 4 YER
dict unless called unen 10 act as alter
mates. The 'av- authorizing the swearing
81 ar extra Juror was passed two years
-