The silver blade. (Rathdrum, Idaho) 1895-1903, 1895-10-26
Argument in the Case Of Thso-
dore Durrant Begins.
OLD SENSATIONS ARE RET0LD
Doctors Alleged That the Prisoner Could
Not Have been Asphy xiated ON
the Fatal Day.

San Francisco. Oct. 2S.-After a Bit
ter legal struggle lasting three months
the testimony in the trial OF Theodore
Durrant is all in and tomorrow the
argument Of the case will begin.
Mr.. Barnes notified the attorneys for
the defense that he would have but
one more witness, whose examination
would last but few minutes. The case
would have ended in a pyrotechnic dis
play Of sensations today if the testi-
mony that was introduced had not
been printed so often before that it
was familiar to everybody.
Miss Carrie Cunningham, a newspa-
per reporter who visited Durrant at the
prison frequently, testified that he told
her that he saw Blanche Lamont on
the second floor of the belfry on which
she was murdered. While engaged in
fixing sun burner, Miss Cunningham
said he told her he heard a suspicious
noise in the belfry which attracted his
attention. He crept along the ceiling
Of the church until he came to the bel
fry casing, where he looked through
crack and saw Miss Lamont.
Miss Cunninghams testimony was OBJ
tanned only after great number Of OBJ
jections had been made by the defense
and had been argued and ruled upon.
An effort was also made to secure
statement from the witness with re-
gard to an alleged confession made by
Durrant, but the court sustained an OBJ
lection to the question. On one of
Miss Cunningham's visits to the pris-
oner he is said to have shown her an
envelope addressed to his attorneys
marked, ITO be opened if am convict
ed, and to be returned If am acQuit-
ted"
The witness was subjected to a
searching cross-examination in which
an effort was made to show the means
to which she had resorted to obtain
| interviews with Durrant. She said at
the suggestion Of the newspaper by
which she was employed she expressed
the greatest friendship for the prisoner
and frequently sent him papers, maya
zines and flowers. She said that she
promised Durrant she would not pub
lish anything he told her and kept her
word.
NOT ASPHYXIATED.
Only two witnesses beside Miss Cum
ningham were examined today. Both
were physicians. Their testimony was
important from the fact that it shows
Durrant did not have the appearance Of
a man who had been partially asphyx-
lated when he met Organist King in
the church on the afternoon of April 3.
King testified that Durrant was pale
and trembling when he saw him. When
on the stand the prisoner corrOborated
Kings testimony. Drs. May and Ros-
enstern, who were examined today, tes-
titled that the first effect Of gas was to
flush the lips and face and eyes. Dur
rant, according to his own statement,
had neither Of the symptoms. The ply
sicians also testified that a man who
for five minutes had been subjected to
the fumes Of escaping gas from a jets
would be insensible.
THE POST COMMENTS.
The Evening Post. in commenting
upon the close of the case, says:
Now that the evidence In behalf
Of the man charged with the Emanuel
church murders is all in, 1t is fair to
compare what has been proved with
the promises made in the opening state
ment to the jury by Deuprey, when he
said he would prove beyond a doubt the
innocence Of the accused. With ap-
parent sincerity he stated he would fur
nish an unassailable alibi, which would
be supported by the strongest testi-
mony. He further said he would i'm
peach the chief witnesses for the prose-
cution, and even went SO far az to
claim when the defense was all in 1t
would be shown that another man
than Durrant was the murderer. He