The record-union., 1895-04-18
THE DURRANT CASE.

THE DURRANT CASE.
The Durrant case in San Francisco has
been more thoroughly exploited by the
press of the metropolis than in any in
stance in many years where a tragedy
was involved. The testimony given and
to be given, as printed in the newspapers,
is certainly strongly against the accused
medical student. Indeed, it produces in
the impartial mind the moral conviction
that the prisoner is guilty of the murder
of the Lamont and the Williams girls.
While judgment must in common JUS
tice be formed with reservation until a
trial is had, yet since 80 much has been
published, it is in order to look at the
statements somewhat critically, that the
public mind may be prepared to have
some of its accepted testimonies thrown
out, as assuredly they will be. 1t cannot
have escaped the notice of the cool minds
that fully one-half of the important and
discriminating testimony thus far given
is of character that will not be toler-
ated in a court of justice, because it flies
in the face of the established rules of evil
dence which are the result of ages of
human experience, and the outcome of
all human wisdom in its effort to separate
truth from error, and arrive at legal GER
tainties.
These rules of evidence will not be set
aside or suspended in the Durrant case,
but will obtain in it as in any other GRIM
inal proceeding. So that the statement,
for instance, of Morgan that the mur-
dered Williams girl had stated to him
certain things about Durrant that go to
show he was seeking her ruin, will not
probably be testified to in the trial court.
To permit such testimony to convict any
one would be to destroy the liberty OF the
citizen and put any human being at the
mercy of whososver sought to do him in
jury. But if it were admitted, then that
other fact would have to go in also, that
the girl the youth had sought to debauch,
thereafter was in his company, kept ap-
poIntments with him, and went with him
alone at night, deliberately, into the
church. So that however looked at it is
unlikely that some of the most damaging
testimony now deemed so conclusive of
the guilt OF Durrant is not likely to come
before trial jury.
Then again, the fact dwelt upon so
strongly that Durrsnt blanched and
zh cio Of bo
Coroner's jury is of no sort of value to an
impartial mind. The most innocent men
or women would be more than human if
under such terrible accusations, and in
such state of public excitement. they
did not manifest emotional excitement
and evidences of fear aud horror. In
deed, in the so-calIed nerve of Durrant at
other times there is more evidence of
guilt than if he had been terror-str1cken
from the outset, and had not maintained
remarkable self-possesslon. The guilty
man is far more likely to nerve himself
to such conduct and demeanor than is
the innocent to maintain a placid front
secure in the consciousness of innocence.
Again, all the evidence thus far ad-
duced Is circumstantial, at once the most
dangerous aud the most certain of evil
dence But that which is 10 have weight
with jury must be so far corroborated
as to leave no reasonable doubt in an
unprejudiced mind of the guilt of the ac-
cused. While we believe that Durrant
is guilty. on the basis of the testimony
thus far adduced, we cannot forget that
when it comes to trial far better identif-
cation of the girl Williams and the man
seen with her at night near the church,
and supposed to have been Durrant, must
be made than has been done thus far.
That is to say, the witnesses will be
brought to the test of particularlzation to
which they have not as yet been sub
jected.
Durrsnrs character for uprightness
will count for much, despite the loose
statements now made concerning his al
legged dual life, his hypocrisy and deceit.
1t will not be permitted in the trial court
that the theory that this man is a human
vampire. a blood-consuming wretch, q