The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-04

"Do you know of any wholesaler who has
rings like that in stock now?" asked Mr..
Barnes.
81 can't say that do"
"Have you any such rings in your stock?"
''No. sir
G. L. Garvin, another of the senior-class
was present at DR.. Cheney's lecture and
did not answer for Durrant at the rollcall.
Upon cross examination Mr.. Barnes
handed witness the rollcall of the lecture
in question, wherein the witness is marked
as being absent Mr. Barnes asked witness
If the name =. L.. Garvin there was that
of the witness.
Mr.. Deuprey objected, at the same time
admitting that the name was the name of
this witness. The court sustained the OBJ
lection. Then Mr.. Barnes asked:
"Do you know whether you are marked
present or absent at the lecture of that day?'
"Not of my own knowledge. have been told
that am marked absent there"
"But, as matter of fact you were PRESENT."
az was"
| Mr.. Barnes-We object to that. This inquiry
| concerns only the Sd OF April.
Deuprey-We offer this to show how the error
| in the rollbook occurred.
| The court allowed the question, and wit
| ness answered that he had no recollection.
Barnes-Have you any way of finding out?
"No, SIR
"Did you take notes of the lecturer"
"Yes, sir; but destroyed them"
| c. w. Dodge, a student, was called. He
was absent from DR.. Cheney's lecture and
| had secured no notes of it.
| f. w. Ross was sworn.
ado you remember seeing Durrant at Cooper
Medical College between II and l o'clock at
| noon on April g. and walking with him to the
corner of Webster and Broadway" asked Mr..
! Deuprey.
az recall the circumstance, but do not re.
member the date"
| "Was it the first week in April 2"
81 can't recall the date at ALL
"What direction did you take in your walk
! with Durrant ?'
eve went north along Webster street 10
Broadway"
''When you reached Broadway what oc-
Cured ?''
1--WE sat down for few moments and looked
over the bay"
Mr.. Barnes moved to strike out all this
testimony because it did not refer to the
date in question.
The court held that the defense had
| right to offer the proof now and connect it
with the date at subsequent time.
"Do you remember meeting anybody else at
that time p? asked Deuprey.
''We met Mr. Carter on Webster street."
"Do you remember what Mr.. Carter said 90
81 do not"
''What time did you return to the college ."
at was about 20, think"
Mr.. Barnes-Have you made any written
statement about this case
mo, sir"
SIS there any Circumstance by which you can
fix the dates of that walk with Durrant p"
81 think there was a lecture by DR.. Stillman
on skin diseases that afternoon"
"Have you ever discussed the matter with
DR.. Cheney?"
eyes, sir; on two occasions
"Did you state to DR.. Cheney that on this oc-
casion you and Durrant had luncheon together
in aFillmore-street restaurant"
ayes, sir"
f'No, sir,
"But such is the fact?"
eyes, SIR
"Have you discussed this matter with the
defendant?''
81 hardly think discussed it with him. He
asked me to recall the date"
"Did he suggest anything by which you
might recall the date?'
'fNo, sir; don't remember that he did"
"Were you ever at luncheon at the Fillmore
street restaurant before?"
eyes SIR
.'How long have you known Durrantf'
"About year"
had an engagement with Blanche Lamont?"
"He never mentioned her name to me-"
Ibid you ever state to anybody. that Durrant
spoke OF the engagement TO your
"No sir.''
Witness was then asked if he had made
such a statement to George Jewell in Sep
TENDER last, or to Mr. Mansfield in an in
terview at San Jose. He replied that he
had not made any such statement.
r. III. Carter was sworn, but before Mr.
Deuprey could put the first question Mr.
Barnes asked the witness if he had not
been in the courtroom all the afternoon
de replied that he had.
The cou1t-Well, that fact may subject the
witness to punishment, but it VIII not bar his
testimony. TO witness) Did you not hear the
main outside the room?
Witness-No, sir; 1 knew of no such rule.
D oSaTp eir you know 4. W. Ross?
"Did you meet Ross and Durrant on Webster
street on the afternoon of April 80"
81 can't recollect the date. I met them one
afternoon
''What is your best recollection?"
81 met them about that date"
(Which way were they going?"
''They were going north, away from the col
lege l stopped and told them they had better
come back with me. 1 remember that when l
got to the college found notice posted that
DR.. Stilman's lecture would be fifteen minutes
late: Then regretted that l had not accom-
panied them"
Barnes-What was the subject of the lecturer
al can't recall that. DR.. Stillman was lectur-
ing on skin diseases at that time. 1 don't re-
member what lecture it was. took no notes
of it,"
call at DR.. Cheney's lecture, was recalled.
He said he did not answer for Durrant
and that he could recollect no individual
student who was present then.
Juror Smyth-Did you hear any one answer
to the name of Durrant?
81 can only answer by the rollcall. have no
recollection"
Deuprey-Did you hear Austin answer to his
name?
81 can only say as I did before that l am
guided solely by the rollbook and have no rec
objection beyond it,"
The court-Have you any personal recollec-
ton of any names being answered?
''No, sir"
Mr.. Barnes-D1d you lend your notebook to
any students in the class?
81 don't remember; may have done So"
Witness was then permitted to make
correction in his former testimony con-
corning the rollbook. The correction was
to the effect that the rollbook had not gone
out of his possession.
H. Gums, another student, was called to
identify, mark and leave behind him his
notes of DR.. Cheneys lecture.
Oliver S. Goodell, teacher at the
School of Mechanical Arts, was sworn.
His testimony III the main was that on the
9Th of April Durrant called at the school
and remained there from II IL until II AZ