The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-10-02


inG up = few ragged ends Of tho testi'
lnony left over from last week, the de.
tense in the DurrAnt case this morning
began the building OF au slibi for the
young medical sTudent from April to
up TO April Il, inclusive. Tho purpose
Of tue abb /, 10 impeach tho Testimony
Il pAwnbrokeg oppsnhsim and W. J.
Phillips. who testified that on April
/? DagFapt tried to pawn Blanche La
montu ring al oppenheim'u store,
Daring tho course OF the testimony,
which covered DurrauI's movements on
April 4 and o a struggle was preeipiIat'
ed by District Attorney barnes, who
challenged tho reliability Of q roll call
book al Cooper College. The argu'
ment resulted in victory for the de-
tense so far Rs the question before the
court was concerned, as Judge Murphy
GuAtained an objection to a question
propoundsd by himself to the witness
and cut oil the discussion,
The trial began this morning with u
sensation which was quite rs unex'
pecied TO the prosecution as TO the de-
tense. Juror |. ]. Truman informed the
court that last Thursday, during the
noon rocsSa ol the court, he was ap'
preached by II, ]. Mccoy, general S0c'
rotary OF the Young Mems Christian
Association, who endsavored to engage
him in conversation on the subject Of
the trial.
''It you don't hang Durrant," said
Mccoy TO him, I'VE will hang you.
The court said the oheuse bordered
strongly on a crime, and cited Mccoy TO
Ippear In court October ) and show
cause why lie should not be punished
iorcontsmpL
the building Of Dnrrants alibl In
contradiction Of the charge made by
paWnbEoker Oppsnhein was begun
with the testimony OF DR.. A. W. Har.
halt, 4 lecturer at Cooper Medical Col
lsge. Asked II Uurrant was preient al
tue lecture given on the morning of
April 4, the doctor referred to the cali
book aud said that lhs defendant! was
recorded aB present
On cross-exRminatlon he said he had
no personal knowledge oil DurrAuts alb
ssucO or presence. The defense tried 10
Offset this by asking II he could give
the name Of any one OF the fifIy.one
l,udsnls in the class who attended tho
lecture OIL tho morning in question.
Tho doctor recalled the names Of Il d0E.
en- sludenis and SAID ho believed hO
could remember more II no wore given
time TO think tile matter over. The
prosecution next attacked the roliabIlt'
" OF the roll call.
BeIOro tho distTlC! attorney had hard
Is reached the point OF the subject,
however. Judge Murphy took haud Ia
the examination. lie asked tho wit
ness whether ia his experience as an
Instructor al the college lie had known
slin.,anCe. where students had an'
-TerGd al roll call for other studenta
WHO wero not present. The defense at
lacs iniorposcd an objection aud the
glur. was placad in tho prediCamOnt OF
having tU rulO on its own question.
Ine Judge said that while he might
permit the question to bs answered II II
,AUuld como from A proper source, lao
would sustain the objection for
the present. Then district attorney
barnes asked the saino question and
tie defense inlerposBd another oDjoc.
ton. Attorney Dickinson argued that
WhIo II was possible To call into court
any student who attended tho lecture
aud ask each II ho had heard thG roll
cal Tor Dnrrant, IT would be unfair 20
cast snsnicion on tho particular roll call
N que'tion by any practice or custom
that might have occurred At another
time. Tho court said that II beloved
tho question proper anil tho evidence
sou.!i, competent, but for tho sake ot
safety hs sustained the objection.
With Duuants whereabouts on tho
morning Of April accounted Tor, tho
racn'a attempted to show where Tho
defendant was tho next day, George
4 Merrill, an instructor at tho Lick
IOol Of Mechanical Arts, said that
Dlrrant called upon him ht IL o'Gock
on the forenoon Of April D, aud when
asked II DufTant made known the OBJ
00ut Of his call, replied In tho anirma'
i've but was not permitted TO tell wlins
uuunnt said.
EoIofo tho court adjourned Attorney
Dickinson called tho attention ol ih0
court to tho larss number oi thronlon'
l1g 0sllors that worO bnlng received by
himself aud Attorney Ducprey, aud
1,sod that tho Jurors bo instructed 10
luf1 such letters over tho court should
lcv roceiyo any, Tho judge rocotyct
gfsal many lultOrt oil tho snmO klhd'
nAD ron DUIANE