The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-24

Which was probably the best thing for
him after all.
Very little was done in his case in pub
lie and a whole lot in private. He was in
court for only few moments in full view
of the $50 men from whose ranks may come
some of the jurors who are TO try him for
the Emmanuel Church murders-that is,
providing Judge Murphy refuses to grant
the application for change of venue.
Close to the young medical student sat
his father, while Chief Jailer Sattler sat
within reaching distance, exchanging a
word now and then with his prisoner,
who, although looking paler than usual,
seemed to be in a particularly easy frame
of mind. He smiled several times at some
observations made by his father and did
not seem to be bit worried at the absence
of his attorneys, despite the fact that in
very few seconds Judge Murphy would
take the bench.
The proximity of the mother of the
defendant may have had something to do
with his easy manner. Just before making
his appearance in the courtroom young
Durrant had been ushered into an adioin-
ing chamber where his father and mother
awaited his arrival from the Broadway
Jail. The meeting between parents and
son, with the exception of the presence of
Chief Jailer Sattler, was private, but it
must have been cheering to the prisoner,
for when he again stepped into the court
room few minutes later his eye was
brighter and his step more elastic.
Most of the membe of the waiting
panel of jurors had never seen Durrant
before and there was noticeable shutting
of feet and a rafting of chairs as they
frrric or ol,o@
as even the most promising of jurors is en-
titled to. Aside from the summoned jurors
and the court officers nobody was allowed
in the courtroom, in consequence of which
the corridors were crowded. All that the
waiting crowd desired was a passing
glimpse at the face of the prisoner, but
only those who had patience enough to
wait for several hours were gratified even
in this.
Bailiff Rocks gavel fell promptly on the
desk at 10 o'clock, Judge Murphy took his
seat and court was formally opened, with
neither the prosecuting attorney nor coun-
sci for the defense in sight.
"People VS.. w. Ell. r. Durrant," an
nounced Judge Murphy, after hasty
glance at the calendar on the desk before
him.
Both the prisoner and his father, who
had been closely watching Judge Murphy
from the moment of his entrance into the
courtroom, seemed impelled to respond to
his Honor's announcement. They thought,
apparently, that in the absence of counsel
they were called upon to do something.
Both started from their chairs as though
to inform the court that counsel for the
defense were not present. The next in
slant they thought better of it, and sank
back again into their chairs.
Where is the District Attorney" asked
his Honor, and on being told that Mr..
Barnes was not present, ordered him to
be notified to come into court at once. The
bailiff had hardly started for the door
when it opened and Mr.. Barnes and his
assistant, Mr.. Peixotto, appeared. Judge
Murphy, who was impatient to begin the
proceedings, turned to the jurors.
u desire to state to the jurors present."
he said, s'that there is preliminary mo-
ton pending in the case in which you are
summoned to try, that will necessitate an
adjournment, SO far as the jurors are con-
cerned, until Thursday morning. This
motion pending before the court must,
necessarily, be disposed of before we can
commence the examination of the jurors
to try the case, should we conclude that
the trial should go on. Therefore, it will
be necessary for each and every juror to
be here next Thursday morning at IL
o'clock
''It may work hardship to some of you,
this adjournment, but that cannot be
avoided, and it would be improper on my
part to undertake to excuse or listen to the
excuse of any juror except in open court.
So that the jurors here understand that
their duty is to be here next Thursday
morning at IL o'clock. It is hardly neees-
sary for me to say that they should be
here promptly at that time. If there
should be any neglect on the part of any
Juror, it would be my duty to send the