The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-26

a case OF this kind we are not entitled 10 draw
upon our imagination as TO what may have
been or should have been. We must look at
the cold facts as they are shown by the testi-
mony. We are only entitled to draw logical
conclusions.
The roIlcail the pivotal
point in the case.
We are not entitled to SUPPLY the missing
testimony. The defendant is entitled TO be
heard witness just as much as any other
witness. This rollcall is the pivotal point in
this case. If that rollcall be correct the prose-
cution fails in every other respect. Are you
convinced beyond a reasonable doubt that that
rollcall is incorrect? How better is the de-
PENDANTS assertion substantiated than in the
way it stands before you at the present time?
Nobody would accuse the professor or Mr. Gray
OF tampering with the rollcaQ. 1t has been the
subject of exhaustive examination by both
sides. The question was interposed and ruled
out regarding the matter OF the rOllcall. On
the suggestion OF the court seve nty-four stu
dents were called. 1t might be said that the
information is negative.
The students could not rem u1ber
1ghO mere absent.
l do not believe that these young men, to
whose class pride reference was made, would
be carried by that pride into the field of per-
jury. The question is asked, Why doesn't
some one come forward and say Il saw him
there? The testimony answers the question.
The students have no social hall where they
gather together except for purposes OF their
work They are not like schoolbooys who
spend their playhours together. The stud ents
are very busy from early morning till late 1t
night. They go from class to class At this
length OF time they are unable to recall any
particular student who was absent On the
Sd OF April Dr.. Cheney tells us that there was
no confusion when he called the roll. Those
absent are marked, but nothing is placed
against the names OF those who are pre- sent.
Durrant's notes compared acith
those Of Student GLGser
/ challenge any experiment 10 prove that the
rollcall has been tempered with. great deal
has been said about the notes taken at the lee
ture. have here the defendants notebook,
and in that book, IN their regular order are
five pages of notes. The defendant says that
he took these notes at the lecture, except two
rules which he copied from CHASER | have the
notes of CHASER and also those of the defendant.
An examination Will show that one is not
They are written side by side. There is a diff
ference in the order in which the notes are ar
ranged IN the respective notebooks. feel that
these differences are OF great materiality.
There are differences there which have en-
deavored TO point out to you which could not
have occurred in the manner suggested-by
copying.
CHASER mould hare knolon ii If
DuTTdRt had no notes.
Mr.. Glasers testimony does not go to show
that the notes were copied. If this defendant
had appeared at that time and had not had
any notes whatever, because he had not been
present at the lecture, would not Mr. Chaser
have discovered lt2 Would not some attention
have been drawn to it? Yet there was nothing.
as they did on that occasion. Now with regard
to Dr.. Graham testimony, | assert that he is
mistaken 1t took Dr.. Graham up to about the
9Th OF October to come to divulge the pronosi-
ton to which he testified. l submit that in the
condition of affairs at that time the defendant
would not have asked him any question. His
torney.
Why should Dlrrdnt ask
Graham for has notes
These notes had been in our possession for
three days before the interview with Graham.
when he testified that defendant said no boG
no notes. Why did he want TO make any s,Icb
request OF DR.. Graham? This is what Won are
called upon to consider. l submit that the de-
PENDANT said nothing OF the kind and he could
not have any reason for doing SO. DR.. Graham
is another case of overeducation. This thing
has grown upon him. Why didn't he say it be.
fore? Why did he wait till the 9Th of October?
submit If the court please, that the fact of
the defendants presence at that rollcall is es-
tablished beyond the peradventure OF a doubt
And now we come to the testimony of those
witnesses who looked across the street. l do
not believe that the testimony which has been
introduced on those points can be accepted as
conclusive.
Mrs. CroseH and Mrs.
Leak did not see him.
do not believe it will convince any man
who will carefully consider and weigh it, and
weigh the circumstances surrounding the
character OF the testimony. II the defendant
was at that lecture he was not on Powell
street. The young girls did not see him. Mrs
Crosett did not see him. Mrs. Leak did not
see him. The defendant took the witness
stand and swore that he was at that lecture
then DR.. Cheney and Mr.. Gray came along with
the roll-book and showed that it orrobora ted
his testimony. / have examined every mem
Der of the class, and believe that roll to be cor
rect. What more can be said about it? Then
we have these notes. We have the fact that
CHASER could have contradicted him if he had
stated an untruth. All this is plain if you d.
gest the evidence properly.
DurrGnt q0ent to the church
after Dr. Cheney's lecture.
You can look into the books of the defendant
and of CHASER and you can compare them Just
as well as / can. l ask you TO do so, with
view to determine If there is anything that in
dicates that one is copy OF the other. l be-
lieve that you will be satisfied from an exam
Kept by two different persons upon the same
occasion and in regard to the same subject.
The testimony of the defendant shows that
upon the. conclusion OF that lecture, at As, he
went to the church. That his testimony is cor
rect as to the time he went there is corrobor-
ated by what have stated regarding the roll
call and the keeping OF the notes. The lecture
closed that afternoon at lis and the roll was
called at the close of the lecture. Several re-
porters have testified that in interview of
the 14th of April the defendant said that he
went to the church from TO 4 80 o'clock.
Durrdat concealed nothing
about has ride on the car.
That was Durrants statement upon the