The San Francisco call., 1895-07-31
A MENACE TO DURRANT.
Judge Murphy Says He VIII
Take All Means to Stop
That Play.
BASED ON THE TRAGEDIES
Playwright White Admits That His
Drama Is Based on the Church
Murders.

Manager Daley, Playwright R. G. White,
the eight male members OF the cast, head
ed by Mortimer Snow, and the three Indies
of the Alcazar Company, were all on hand
in Department of the Superior Court yes
terday morning when Judge Murphy took
the bench to sit in Judgment on the con-
tempt of his order on 1.-The Crime of the
Century" made the day before. The
actors and the manager had passed fairly
uncomfortable night in the County Jail
and that probably accounted, as much as
ANYTHING else, for the pallor of their coun-
tenances.
Carroll Cook and his brother, William
Hoff Cook. were present to represent the
RESPONDENTS, while General Dickinson sat
on the other side of the table as the partic
ular friend of the court and the champion
of public morals as against the violation Of
the order of the court. His colleague in
the Durrant case, Eugene Deuprey, sat
close to his elbow and District Attorney
Barnes and Mr.. Peixotto sat close at hand
to give that moral support which the
gravity OF the case demanded. The court
room was crowded.
William Hoff Cook opened his part of
the proceedings by asking that the District
a
presented upon which to proceed. The
latter responded, after a hasty consulta-
ton with Mr.. Deuprey, that he would
select W. r. Daley, the manager.
This was enough and Mr.. Cook at
once plunged into the middle of things.
He Immediately attacked the service OF
the order of the court, the matter of the
return of the Sheriff on the order and,
generally, contended that the court had
no jurisdiction in the matter at all. On
this matter of jurisdiction he contended
strongly that the court had nothing to do
with any case that did hot come within its
immediate view.
Mr.. Cook continued along in the same
strain for half an hour, and concluded
with the assertion that, if the court ruled
against him, he was willing to introduce
evidence in support of the contention that
his client had not committed contempt.
"You seem to anticipate" said Judge
Murphy, "that the court will overrule
your motion to discharge the respondents,
which the court now does"
Mr.. Cook gracefully took an exception
and asked that he be allowed to introduce
the minutes of the court in the case of the
People VS.. Durrant, especially regarding
the adjournment.
There being no objection this part of the
minutes was read by the clerk, and Mr..
Cook moved for dismissal upon this re-
cital, for the reason that the order made
was insufficient in that 1t did not specify
what those arrested for contempt were sup
posed TO answer for.
Mr.. Cook and the court had a few pas
sages at words III which Mr.. Cook seemed
to have got decidedly the worst of it. At
the conclusion General Dickinson stated
that the matter having proceeded thus far
he wished TO introduce evidence for the in
formation of the court. He added, also,
by way of emphasis, that it was not at all
necessary to have issued an order The
position taken was dependent, not upon
the codes of the State and not upon the
restraining order OF the court, but rested
upon the constitution of the United States,
the doctrine of which was affirmed in the
99th California in the case of Shortridge.
General Dickinson then asked that he be
allowed to produce testimony to show that
Manager Daley and his players were
plainly in contempt of court.
Proceed with your proof" said the
court.
General Dickinson then offered the affi-
davit of Durrant in the main case to.
gether with the affidavits and the Sheriff
return.
Carroll Cook, for the respondents, OBJ.
jected on the general ground of irrele-
Vancv, and on the further ground that the
court had no jurisdiction in the matter
The objection was overruled after consid.
cradle argument and w. H. Byington, the
deputy sheriff who served the order on
Darcy and his players, was sworn.
Il testified in substance as he had af
frmed in the affidavit of the day before
He told the story of the play as he had
seen it, and was closely questioned as tc
the incidents in the piece.
"How many people did you see take par
in the production?' asked Carroll Cook or
cross-eXamination.
"Well, answered witness, after a little
thought, "there were four. There was a
young man and young woman, an ole
woman"
Then he paused.
"Any more?' said the attorney.
al don't know" replied the deputy
"whether the devil had got on at that time
or not but | saw him."
There was a laugh at this, and the wit
ness stated that to the best of his informa
ton the play was based entirely on tht
Durrant case.
Assistant District Attorney Piexotto wa
next placed on the stand. He stated tha
the play was the poorest excuse for PLAY
he had ever seen, and he had seen a gooC
many. In his opinion, taken from all tn,
circums stances 1t was based on the detail
of the Emmanuel Church tragedies
Mr.. Peixotto confessed, as had the Dep
uty Sheriff, that he had witnessed tn
performance Cnrougn the courtesy OF tn
management of the theater.
1t was gathered from the testimony O
Mr.. Peixotto and from that of Fred Law
renee, reporter on the Chronicle. VIII
followed him, that Mr.. Daley had states
that he intended to produce the play
order Of the court or no order of the court
Under Sheriff Clack followed MI
Lawrence in the afternoon and testife,
that he had served the warrants of arres
on the management. Charles Nicholson
OF the Examiner testified that he hat
written the story of the play, "The Grim
had got most Of his s information inf = for tha dn
article from R. c. White, the playwright
At this point Mr.. White was sworn. ii
was instructed by the court that he nee
not testify as to any matters where b
thought his evidence might incriminat
himself. In answer to nuestinns he statei