The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-23
A Continuance Is Granted at
the Request of the De-
Tense.
NEW AND UNKNOWN EVIDENCE
The Prisoner Deposes That the Chron.
icle and Examiner Prejudiced
His Case.

faces of the curious crowd that haunted
the Durrant trial during its long-drawn-
out series of sessions came back. Many OF
the spectators had been taking vacation
down in Judge Campbelfs court, where a
new case furnished entertainment, and
others had been fitting like uneasy wan
dering ghosts through the dark corridors
of the great hall. Some had simply been
resting from their labors.
Theodore Durrant, accompanied by his
father and attorneys, entered the court
room some time before the proceedings
began. The prisoner was we'll dressed,
calm and evidently fully anticipated the
continuance of the case which followed.
Mr.. Deuprey physically seems to have re-
ceived the unkindest treatment, and his
haggard and pale face shows him to be lar
from well.
When the case was called General Dick
inson arose and stated that he wished to
make motion for q new trial.
The defense makes the motion on the
statutory grounds" said the attorney,
land further on the grounds that the trial
was not so conducted as to guarantee the
defendant fair and impartial trial, such
as is guaranteed him by the law.
II have received information which
days further time in which to prepare Tor
argument and to compile additional affl-
davits II the new information upon lnveS-
tigation warrants such a course. The
story comes from distance OF over 100
miles and We need more time.
Judge Murphy was disposed to THINK
that the defense had already consumed
sufficient time and after some discussion
between the court and the attorneys from
both ci6ac pontj0To was Granted Till
next Wednesday morning.
General Dickinson was directed by Judge
Murphy to furnish copies OF the aifldavlts
to the District Attorney by Tuesday, that
the prosecution might be well prepared to
proceed without delay. His Honor sug-
gested that the affidayits be filed immedi-
ately. The attorneys OF the defense agreed
to do so, and court adjourned.
Il will not give any inform alton regard
ing my new witnesses" said General Dick
inson NOR the testimony which they will
give But [ believe it will bring about a
decided change, and until they are here
they will be protected. | say protected
because if they were known they would be
charged with all the crimes on the calen-
da.. revilei prosecuted and bounded out
of the country.
1.-THE newspapers, with the exception of
THE CALL, would take up the cry, as they
have done, against the people OF the de-
Tense during all this trial, and life would
be dismal to them, indeed
Captain Lees does not consider that the
defense has new evidence that will prove
to be of any moment IN the case or will be
beneficial to Durrant.
The prisonerAt the County Jail refused
to state what the new and mysterious evil
dence would be, but expressed himself as
satisfied that it would procure him a new
trial. He thinks that the course of the
newspapers especially th.t of the Chron-
icle and Examiner, however censorious
these journals have been, will be of bene-
tit to him after all.
The principal affidavit OF the prisoner
filed and upon which he will chiefly rely
for a new trial is as long as the accounts OF
the trial published in the Examiner and
Chronicle during its progress, and is q
scorching arraignment of those journals.
In it he claims that course was pursued
by those newspapers i'll attacking pros
pective witnesses for the defense before
the trial began, making assertions as to
the case one day and denying them the
next, publishing the evidence in detail
and thus giving the witnesses excluded
from the courtroom full knowledge of all
that went on, and stirring up public senti-
ment against the prisoner with sensational
and untrue stories with scare heads-all
of which tended to and did prevent the
prisoner from getting fair and impartial
trial.
The affidavit begins by reclting that as
soon as it became known that the defend
ant wanted to get the testimony of Charles
II. Clark in Boston action was taken by
the papers, apparently through the prose-
cution. to throw discredit upon Clark S
character. and then quotes an article pub
lished in the Examiner, August 2, headed
"Clark's Story Shaken" AS result, the
arl- rri,- 4Ia
dence he had outlined i'll Deuprey's office,
and what he did testify to was indefinite
and comparatively worthless
The affidavit goes on TO say that like
treatment was accorded witness Lenahan
Mrs. Monnier and others, who. when they
came to testify, changed their evidence
from what it was as stated to the defend
ants attorneys All these charges are fol-
lowed by articles copied from the Exam
liner.
The following are extracts from the affi-
davit:
That by such means, whenever it was ascer-
tanned that any witness was likely to be called
for the defense, intimidation and threats and
newspaper articles were published of q charac-
ter TO cause all persons who might have testi-
fed for the defendant to refrain from coming
forward and giving their direct testimony that
would have given defendant fair trial;
That the newspapers published and circu-
lated false articles one day and denied them
the next; that so strong an impression was
created in the public mind that he could not
get fair trial.
He goes on and recites the case of Juror
Brown, and tells of the efforts made by his
counsel to have the court stop the papers
from writing up the case as they were
doing and says:
That by reason OF said failure to act in
putting a stop to the unbridled license of the
press attacking this affiant and publishing
untrue reports in regard to him the news
papers continued to publish false and exag-
gerated statements, which appeared one day
and were denied the next, and so continued
throughout the trial of this case until the
close, thereby depriving the defendant and
affiont herein a free and impartial trial, as
evidenced by the following extracts from the
San Francisco Chronicle and the Examiner.
After quoting at length number Of
articles from the Examiner and Chronicle
he goes on and says that before the open
ing statement was made in the trial oil
witnesses were ordered excluded from the
courtroom, and continues:
That, nevertheless, said order and said rule
so made, the Daily Examiner and the Daily
Chronicle each morning thereafter, throughout
the whole trial. published, verbatim eft liter
atm, the questions and answers of every wit
ness who was sworn and testified in the case
so that every person called as a witness, before
being so called upon the witness-stand, was
well and fully aware OF the testimony previ
ously given by each witness, to the same effect
as though personally present. ana by said
means this defendant and affiant was deprived
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