The San Francisco call., 1895-11-02
turns toward the court and the listening
HON. D. J. MURPHY, JUDO

turns toward the court ana the listening
jurors.
Had the court whispered the rest every
syllable would have been caught. "Duty
well performed its own best reward" +" are
the last words of the charge.
Now the court rises and tells the jury to
retire for deliberation. -Four blank ver-
dict forms are handed down to Juror Dut-
ton, one of them for murder in the first
degree, one for murder in the first degree
fixing the penalty at death or life impris-
onment, one for murder IN the second de-
gree, one for acquittal.
From which shall the foreman read
when the jury returns?
"Mr. Clerk, swear the bailiffs to take
charge of the jury" says the court,
standing there at the side of his bench
Bailiffs Rock and O'Connor step for
ward-one very tall man, with "a dark
mustache; one a man not at all tail, with
a ''red'' mustache.
While this is being done the minister
of justice" comes out from the back
ground bit.
"If your Honor please" says Mr..
Barnes, 81 am informed that the Grand
Jury has offered the use of its rooms to this
jury"
VERY well; Mr.. Bailiff notify the
Grand Jury that this jury is now ready to
retire." says the court.
"The Grand Jury has already vacated,
your Honor" comes the answer.
Nov, gentlemen, you will re tire" says
the court.
"Make way there for the jury" shouts
the bailiff as the jurors begin to pierce the
great crowd.
Mr.. Sheriff, keep that passageway open
for the jurors" thunders the court.
But Sheriff Whelan himself is already in
the foreground and has managed things
skillfully. The jury passes out silently.
They take their greatcoats with them
Does that portend anything? Their faces
are very solemn, but they walk with much
the same tread as they did when they en-
tered the room at O'Clock, albeit more
slowly.
How differently they shall enter the
room for the last time
But that is not known now. Durrant tries
to fathom it-perhaps he does, as he
watches closely each set and determined
face as it passes by.
Now they are gone and there is disorder
in the room. Many leave, thinking surely
! there will be no verdict for many hours.
| These have not heard the testimony.
! Others leave because they have seen and
heard enough.
The greatly lessened crowd breaks up
into little groups. The afternoon paper
men fly to the telephones and try to catch
the last editions to change that 3 :15 to :33
The men go out in the corridor and smoke
Mrs. Durrant talks with Theodore and
with the women who surround him, Mr.
Durrant is pacing the corridor, gathering
| Calmness for the end that is to come! il
may be, from the blue smoke of white
cigarette.
| General Dickinson remains in court and
talks with the defendant. Sometimes II
the conversation the defendant accom-.
panies his words with smile.
| Some policemen come in and take ou1
the pasteboard boxes that the minister O.
| justice used to illustrate his theory about
the gas. That leaves a larger open space
in front of the jury-box.
| Ten, fifteen minutes have gone by Mr.
| Durrant returns. The defendant watche:
| the outer door for the return of the Jury
He alone seems to expect speedy verdict
At minutes to o'clock a man enters
the room and says:
''They have agreed"
| Durrant hears it, but gives no sign
! Others who hear it wonder if the mar
/ knows what he is talking about, OF
whether this is only chance remark.
Then another man enters and confirms
the news. Those in the corridors have
known it for whole minute.
Judge Murphy is seen entering the door
The bailiff raps sharply for order. Nc
need Of that. A hush falls as quickly as
shooting star, SO quickly that the mer
forget their hats.
Judge Murphy takes his seat.
"Hats off, courts in session." says the
bailiff.
''See that the people sit down and keer
out of the passageway," says the court
''Now, Mr.. Bailiff, go to the iury-room and
see if the jury has agreed upon verdict
Ii So bring it i'm
! Mrs. Dnrrant's friend, the lady in fawn-
| colored gown, takes seat at the other