The record-union., 1895-09-27
Proceedings of the Trial of Theo-
dore Durrant for the Crime.
QUESTION OF THE ROLL-OALL AT
COLLEGE TAKEN UP.
1,afraotual Effort of Defense to Get
Into Evidence an Opinion From
DIR. Cheney as to Whether De-
fendant Was Present'at the Lecture
on the Afternoon Of the Murder.

SAN Francisco, Sept. 26.-The defense
in the Durrant case to-day took up Inc
important question of the roll-cal at 'the
lecture in the Cooper Medical College on
the afternoon OF the murder. 1t IS upon
this that Durrant mainly relies ior an
alibi. This lecture began at 3:3O, ana
continued until 4:l5. 1t was lew mlh-
utes after when Miss Lamont lett the
school from which, in the company OF
young man supposed to be Durrant, sue
went to the church. She entered the
church about five minutes alter the ao-
iournment OF the lecture, and the roll-caii
was made at the conclusion OF the lecture.
In view of these facts, it is vital Tor the
defense to show the presence OF Durrah'
at the college at that time. 1t produceo
two witnesses on that point to-day. one
of these was DIR. William T. Cheney, who
delivered the lecture. He testlheo as W
the subject, which was Infants fooa'
and said the rule to call the roll was fol-
lowed at its conclusion. de had mace
an inyestigation to verify the roil-calI as
to Durranrs presence, but the result OF
this was not admitted.
An Intellectual effort was made to get
into evidence an opinion from the doctoT
as 10 whether or not Durrant was present
at the lecture, but this the prosecution
prevented lie did state that IN his opln-
ION the roil-call was generally correctly
kant He denied that there was such
confusion in his class as TO interfere with
the proper calling of the roll. Inc roll,
he said. was carefully guarded against
interpretations, as it was material IN arrlV-
ing at the standing OF students.
Frank =. Gray, who called the roll at
cd q -nli
April Sd. as shown in his book, as one he
had transferred from record made at
the time Of the lecture. The original en-
try had been on leaf of the dale March
3lst Three or four days later Gray, at
Tho suggestion of DIR. Cheney, copied the
roll on the page dated April 30 and de-
stroyed the original record, WDlch was
made in lead pencii.
\ vigorous fight was made against the
introduction of the roll-call. but II was
admitted. The prosecution tried TO dis
credit the rOlI-call by showing that ire
ouantlv students answered for each other.
The settlement of this question Of the
Introduction OF the question OF the identl-
fication OF this testimony went over until
tomorrow. " neither or not this testI-
1uouv is admitted will influence the case
iargelv. As the prosecution relies on it 10
s,ow that the custom of the college was
unfavorable to reliable roll-coil, and
mat Durrant's name might have been
there through another studentS having
answered for him.
The court strongly intimated that such
testimony would be allowed TO impeach
the relie Jii.ty 0i The roll
1t WAS shown that there were fIty-four
stud9uts in the class 10 which Dr.. Cheney
leetured and that but ten were marked
absent.
The defense put on three detectives to
testify to matters about the door TO the
tower and about Pastor GiDson's study
In Emmanuel Church. The shoe with a
blood stain on the sole, belonging to Glib
son. which was found III his study the
morning after the finding OF Minnie
Williams body. was produced and ident-
flied as having been among SIX shoes IN
the study.
The door leading to the church tower.
with marks supposed TO have been made
with a chisel, was shown in court. The
blade OF the chisel did Tot completely
fill the marks IN the door and some of
the detectives were not sure that they had
not been made with jimmy. The marks
were such as might have been made WITH
an edged instrument like a jimmy, as
well as a chisel. One of these marks had
been vanished. There was also mark
in the door as though made with a ham-
mer, The hammer and chisel, which 1t
is thought were used in the making OF
these marks, were placed in evidence.
They came from Rev. GibsOn's tool box,
always kept open in his never closed
study.
The object of their introduction by the
defense was to add TO the material for
connecting Gibson at least by innuendc
with the crime.
The defense to-day announced that il
would have between forty-tve and fifty
witnesses. This insures three weeks
more of the trial.