Daily independent. [volume] (Elko, Nev.) 188?-1915, 1895-09-24
Durrant's Trial.

the trial Of Theodore Durrant was re.
sumed this morning it was announced
that P~awnbroker Oppenheim, who
was on the stand under cross examin.
alton when the court adjourned Fri
day, desired to change his testimony.
There was a stir in the court as every
one expected a sensation. 1t trans
plred the witness simply wished to
correct some measures he had given
of his store. By way of testing his
memory for faces of those who came
to his store, Oppenheim was shown a
silver corkscrew and asked if he had
ever seen it before and under what
circumstances. He replied promptly
that about three weeks ago a tall
man of dark complexion, wearing
black clothes had come to his store
and offered the silver corkscrew for
sale. In a similar manner he identi-
he'd a silver watch shown him, saying
1t had been brought to his shop two
weeks ago by a short man wearing
gray clothes. =
The attempt of the defense to i'm
peach the memory of this witness
proved a boomerang, as the defend
ants attorneys could not catch him
on questions of identifying jewelry.
He seemed to recognize those articles
as an ordinary many does faces. When
asked if rings like that said to have
been offered for sale by Durrant we're
not made by the dozen, the witness
said he did not know that. 1t was q
machine made ring but he, had never
seen another like it and he had hand
aid thousands of rings many of them
cheap,
The next witness was w. j. Phil
lips, a cigar man ufacturer. He said
about the middle of April he was
passing the street where Open
helms shop Is located. Hesaw a man
whom he identified as Durrant, com
ing out. He saw Oppenheim hand
him something then Durrant left the
shop, Oppenheim following him a few
steps. When asked if he saw the
young man who left the store in the
court room. Phillips stepped up to
Durrant and said: "That's the young
gentleman" Phillips looked Dur
rant squarely i'll the eyes and Dur
rant returned the gaze of the witness
When asked if he saw in the court
the keeper of the pawnshop, Phillips,
after looking around, said mo" At
that time Oppenheiw was sitting be.
hind the jury box in such Il position
that he could not be seen from the
witness stand. The Judge ordered
the witness to walk around and see il
Oppenheim was present. Phillips
walked down from the stand and as
he canght sight of Oppenheim under
the jury box he exclaimed: "There
he is." This answer created much
excitement, but all manifestations
were suppressed,
Phillips was asked how he came to
notice Durrant 30 distinctly coming
from the pawn shop. He replied that
he thought Durrant was one OF those
men who live upon the earnings OF
fallen women.
When asked his reason for this SUD
position, the witness said Duran
had that appearance and his looks
taken together with the quarter Of the
city in which he then was, led t.
the conclusion that Durrant was {
vagrant.
Phillips, whose appearance wa
most respectable, said he remembered
Durrant not only from his face, OK
preston, figure and clothes, but alsc
from the twltching of his lips, ant
the witness added he had noticed
Durrant's lips twitcbed frequentl,
during the trial.
' Officer Burke then Unidentified Dur