The San Francisco call., 1895-07-28


testify, really how far he would go.
To intelligently draft cross-interroga-
torres, District Attorney Barnes felt that
he needed more information, and he pro-
ceeded to get it. He had intended to take
the 2:35 train to Monterey yesterday after
noon, but, after consultation with Cap
tain Lees, he decided to put off his visit to
his family for twenty-four hours. The
whereabouts of the wife of Clark was as
certaiped to be at the residence of Mr..
Cousens, and, upon the advice OF Captain
Lees, Detective Bohen was detailed to in
terview her as to what extent her hus-
bands knowledge of the case went. This
much accomplished, the District Attorney
and the chief of the detectives closeted
themselves in private room at Mr..
Barnes office in the Crocker building, and
proceeded to again scan the interrogatorles
submitted by the defense.
At 3 o'clock the District Attorney had
his coat off and was working as fast as he
could drive the pen. He stated that he
would hardly finish the cross-interroga-
tories before Monday, but in general way
could give an idea as to what ground they
would cover-the entire case as far as Mr..
Clark could possibly know it for few
brief hours on the afternoon of April 3.
Every point which was likely TO crop out
in answer to any of the interrogatories of
the defense. and these it was conceded
would, in all probability, be many, would
be guarded against, and Mr.. Clark's
answers would be necessarily voluminous,
if nothing else.
The attorneys for the defense were
hardly less busy than was counsel for the
prosecution. They were not worrying so
much about Clark, however, and were not
figuring so much in the dark on that
proposition as was the District Attorney,
but they had plenty to do for all that.
In fhoE fret NloO of a
muchly advertised play, The Crime
of Century" took up much of the at
tention of General Dickinson. He is de-
termined if possible to restrain the pro-
duction on the general ground that it
would prejudice.his client case and he took
the first active steps yesterday morning to
that end.
He procured two tickets, for which he
paid so cents apiece, and then proceeded to
his Office. Once there, he sat down and
drew up an affidavit, to be signed by Dur
rant, and presented it to Judge Murphy,
in which is set forth the belief of the de-
fendant that the presentation of such
play at such time would interfere with
the defendants right to fair and lmpar-
tial trial; also that it interfered with the
seemly conduct of justice in the court and
would tend to influence witnesses and
those who might be called upon to act as
jurors in the case.
The play is advertised to be produced at
the Alcazar Theater on Monday evening
next by the members of the Daley stock
company. Posters and Autographs an
nouncing the event are plastered all over
the City and tickets are already on sale
for the first week But in all likelihood
the play will not be presented on Monday
evening or on any other evening during
the pendency Of the Durrant trial-not if
General Dickinson takes the action he
proposes and Judge Murphy does what he
has plainly outlined he would do.
1t is the intention of General Dickinson
to present the affidavit of Durrant in this
matter to the court on Monday morning
and to ask that the machinery of the court
be set in motion to stop the presentation.
In this request he will be heartily seconded
by District Attorney Barnes and the mat
ter will be left to the court. Last Thursday
his Honor plainly stated that he would
consider such production an outrage on
justice, a violation of law and menace to
the rights of the defendant and would use
all means in his power TO stop it and to
punish its producers.
1t is supposed, therefore, that Judge
Murphy will at once make an order, upon
the presentation of the affidavit, giving
notice to the managers of the company
and all concerned in the production to re-
frain from giving the play, at least during
the pendency of the trial. This will be in
the nature of warning; one, however,
which the receivers thereof will DO well
not to disregard. The consequences will
be something swift and painful.
SHOULD the people who have the pro-
duction in charge said District Attorney
Barnes yesterday, "ignore the order of the
court l am certain that they will be placed in
Jail. The court, if it takes the action which
it signified it would do in the premises,
,r-t11 1lTyc &ho4 ha of4;
on hand at the theater on Monday night.
Should the management go ahead, un-
mindful of the order of the court, the mo-
ment the curtain rises on the first scene
everybody in the house, management,
players and spectators, will be placed under
arrest.
LAS I understand the matter, the court
has more extraordinary powers in such
case than it would have in an ordinary
contempt, in which he would be limited by
fine of $500 or five days in JAIL or both.
The contempt in the case of the production
of the play would be continuous and each
separate attempt at giving performance
could and undoubtedly wouldibe construed
into a separate offense and punished as
the court willed, pending the trial OF the
case"
That is all there is to it, but in view of
this gloomy prospect it is hardly likely
that the PLAYERS will insist, despite the fact
that their startling posters have cost
money and are still swaying to the breeze
Over in the Broadway jail Durrant, the
man about whom all this action is taking
place, was calm and confident of the out
come of the trial.
81 see l am catching it in the papers,"
he said, ''for my impassive demeanor in
court. 1t is hard to please everybody. If
l should put on long face, they would say
l. had lost hope, and if l looked bright,
they would charge me with fippancy. So
l try to take a course midway between the
two, and still l catch it. 1 suppose,
though" he added philosophically, "a
man accused as l am should expect such
things.
1.-The trial2 Well. it has scarcely begun,
and l suppose most people consider the
preliminary work of getting jury very
slow. find 1t very interesting and have
listened to all the questions asked by the
lawyers on both sides. The answers are
interesting, TOO; but isn't it surprising
that so many people will form opinions
and draw conclusions when they have
heard only one side of caseP
'"The two jurors? Well, as to them, 1
suppose [ ought to have nothing to say.
From their answers 1 believe they will
weigh all the evidence and give me fair
trial. All l want, you know, is jury of
twelve men, possessing ordinary common
MI will fo ol1 ho toe